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| Confidence Haugen |
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An Accra Fast Track High Court has on
Thursday granted an ex parte application brought against owner of
Aphrodisiac Night Club, Confidence Haugen to stop using a logo she is
currently using for her Konfidence fashion line.
In September 2012, Confidence launched her fashion line which is made up shoes, bags and accessories.
The
court, presided over by Justice Cecilia H Sowah, placed a restraining
order after Ghanaian designer Makeba Boateng, who owns Keba Clothing,
sued her for infringing on her intellectual property rights having
created and actively used and popularized the logo since 2002.
The court ordered the cessation of the use of her "K" with a butterfly logo for the Konfidence Fashion Limited and its products.
According
to her lawyers, Makeba has been duly acknowledged by the Registrar
General's Department as being first-in-time to initiate the process to
register the logo under the country's trade mark laws.
Makeba
popularly known together with her clothing line logo in the industry as
Keba, according to her lawyers, personally alerted Confidence when the
defendant sought advice from her in July 2011 about how to go about the
clothing business. |
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| Makeba Boateng |
Her lawyers said, Makeba revealed to
the former Big Brother Africa housemate that the logo she intended to
use was hers but Confidence did not seem to have taken the advice and
has gone as far as to alter the C in her name to K just to infringe her
intellectual property rights in the logo.
Lawyer Samson Lardy
Ayenini who argued the application on behalf of his senior Charles
Zwennes told the court that the action of the defendant was deliberate
and intended to unlawfully supplant the goodwill Keba has enjoyed in the
industry and confuse the public.
The court granted the order
which means from now Confidence is prevented from using the logo for any
business until she appears in court to justify why she must be allowed
to use it, pending the final determination of the suit.
A bailiff is expected to serve Confidence with the order and she has within 21 days to respond.
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