Chicken Inn Wins Trademark Battle Over “Luv”-
Chicken Inn, the renowned take-away food giant, has emerged triumphant in a trademark infringement case against its local competitor, Chicken Slice. The dispute centered around the use and spelling of the word “luv,” which Chicken Inn had trademarked.
Last year, Chicken Inn, owned by Simbisa Brands but listed in court papers as Inscor Africa, filed a lawsuit against Slice Distributors at the High Court, accusing Chicken Slice of infringing on its registered trademark by using the phrase “I luv it” in its branding.
Initially, the High Court dismissed Chicken Inn’s application, arguing that Chicken Inn did not have exclusive rights to the word “luv,” and consumers would not be confused by the two products. However, Chicken Inn appealed this decision to the Supreme Court.
Yesterday, the Supreme Court ruled in favor of Chicken Inn, finding that Chicken Slice had indeed violated Chicken Inn’s trademarks. The court noted similarities in the use of the word “luv” and color schemes between the two brands, which led to consumer confusion.
While the court upheld Chicken Inn’s claim regarding the use of “luv,” it did not support Chicken Inn’s argument that Chicken Slice was attempting to pass off its products as those of Chicken Inn.
This landmark judgment emphasizes the importance of trademark protection in Zimbabwe. It serves as a warning to businesses against misrepresentation and the use of confusingly similar marks, leading to illegal and unfair competition.
This legal victory by Chicken Inn echoes a similar trademark case from October 2021, where the Supreme Court ruled against copying another person’s trademark for one’s products with branding that could mislead customers.
These rulings solidify Zimbabwe as a jurisdiction committed to safeguarding commercial rights and trademarks, underlining the significance of protecting intellectual property in the business landscape.- state media