Online Reporter
Mathew Masinge
POPULAR Highfield entertainment joint Club Zone has been ordered to stop its ‘Braai Out Saturday’ event for trademark infringement.
Club Zone, which operates under the Zone Garden brand, was dragged to the Harare Civil Court’s Commercial Court division by Tamba Events.
Tamba Events claim they have the rights to the name ‘Braai Out’ and the theme of the event.
Tamba Events are behind the popular outdoor event named ‘Braai Out ZW,’ which has been hosting a number of braai themed music and culture functions across the country.
Through its proprietor, Nigel Chinovhiringa, Tamba Events were granted a default interdict on September 8.
It ordered Zone Garden, through its owner Blessed ‘JB’ Charakupa, to stop hosting any event under the same name pending investigations of the matter.
The matter is being investigated under C-CD1748/25 and the parties have appeared at the Mbare Magistrate’s court where the State has been asked to present more evidence to substantiate the trademark infringement.
Pending the outcome, Zone Garden has been ordered to stop advertising any event under the ‘Braai Out’ tag.
It is Tamba Events’ argument that Zone Garden have been hosting events dubbed “Braai Out Saturdays,” which are identical or similar to their registered trademark “Braai Out ZW”.
Chinovhiringa claims this has caused some form of confusion to their patrons and dilution of their ‘Braai Out ZW’ brand registered in accordance with the Trade Marks Act (Chapter 26:04) of Zimbabwe.
The brand, Braai Out ZW, was registered under Class 41 under No. 99/2020 on February 6.
“Zone Garden is hereby interdicted from infringing the Tamba Events’ trademark by using and advertising with the same pending finalisation of action filed under case No.C-CD1748/25.
“Tamba Events’ legal practitioners be and are hereby directed to serve a copy of this order on the Zone Garden or its legal practitioners,” reads part of the order.
However, the law also provides for Zone Garden to challenge the validity of the Tamba Events’ trademark itself.
Mathew Masinge