KWAL wins reprieve against Mount Kenya Breweries for infringement of Kibao Vodka bottle design

On 28th April, 2020 Kenya Wine Agencies Ltd (KWAL) was granted temporary reprieve against Mount Kenya Breweries Limited (MKBL) in a case which KWAL has filed at the Industrial Property Tribunal.

In the Ruling, the Tribunal issued a temporary injunction stopping MKBL from using the Kibao Vodka bottles, pending the determination of a case filed by KWAL.

In the case, KWAL contends that Mount Kenya Breweries have being using the Kibao bottle design to package and sell their Sparkler Vodka without any licence or consent.

KWAL further contends that it stands to suffer economic loss by the continued presence of Sparkler Vodka bottled products that mimic its registered industrial design in the market.

KWAL registered the bottle design according to an application for registration filed with Kenya Industrial Property (KIPI) in 2018 and a certificate issued in 2019 by KIPI.

Kibao Vodka, one of KWAL’s flagship brands was ranked among the Top 100 World Fastest Growing Spirits in the International Wines and Spirits Record (IWSR) rankings. The brand emerged among the top bestselling brands as the only Kenyan brand to make it on the list beating international liquor brands owing to the tremendous volume augmentation.

Subject to any further directions from the Industrial Property Tribunal, the Tribunal has set the hearing date of the case.

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