Safaricom sued over ‘Okoa Stima’ as IT firm claims trademark ownership
Kenya Power MD Ben Chumo. Residents of Kibera are facing increased pressure from cartels who illegally sell power following the launch of a project by Kenya Power to rid the area of unscrupulous dealers. PHOTO | DIANA NGILA | NATION MEDIA GROUP
What you need to know:
- Colour Planet’s Anthony Chege Wanaruah claimed he is the proprietor of the trademark.
- He claimed that it was resolved in a November 2013 meeting with Kenya Power Managing Director Ben Chumo that the two firms would partner only if Colour Planet got financial backing from a bank.
- He claimed KCB bank had agreed to implement the concept.
- High Court judge Francis Gikonyo directed Safaricom to respond to the suit.
An information technology (IT) solutions firm on Wednesday sued Safaricom over the name of a soft-loan facility for electricity consumers, known as Okoa Stima.
Colour Planet claims it registered the “Okoa Stima” trademark name with the Kenya Industrial Properties Institute in May, and that the mobile communications company has violated its ownership rights by using a similar name.
The firm claimed it came up with Okoa Stima as the name of an electricity purchase software it had developed and even introduced it to Kenya Power.
Colour Planet’s Anthony Chege Wanaruah claimed he is the proprietor of the trademark.
He says the firm had worked on its software since 2012, and that Safaricom’s alleged infringement has watered down the quality of its Okoa Stima trademark.
FINANCIAL BACKING
Mr Wanaruah also claimed that it was resolved in a November 2013 meeting with Kenya Power Managing Director Ben Chumo that the two firms would partner only if Colour Planet got financial backing from a bank.
He claimed Kenya Commercial Bank had agreed to implement the concept.
However, Safaricom proceeded to use that name knowing that it was an already registered trademark, he said.
The IT firm wants the company barred from using the name until the case is heard and determined.
“It came as a surprise to us when an employee of Safaricom claimed ownership of the concept of Okoa Stima and the company has subsequently infringed on our trademark through repeated advertising. It is in the interest of justice that Safaricom (hold) its hands pending the unravelling of the truth behind the trademark,” the IT firm said.
High Court judge Francis Gikonyo directed Safaricom to respond to the suit.
A hearing on the case has been set for July 23.
