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Innscor, a conglomerate, operates Chicken Inn, Pizza Inn and Creamy Inn outlets.
A billboard by Mbano Investments at the 31km peg along Mutare Road advertises the local firm’s new food outlets “Chickenza Inn,
Creamy Chickenza and Pizza Chickenza”.
This has prompted Innscor to file the court application.
Mr Takesure Mbano, who runs Faraway Farm in Ruwa, is the director of Mbano Investments.
He was allocated the farm under the land reform programme and says he intends to operate the food outlets from the farm, along the Harare-Mutare highway.
Innscor filed the court application soon after the High Court refused to treat the matter as urgent.
The initial application was thrown out for lack of urgency.
Innscor claims Mbano Investments logos were similar to its own.
Lawyers representing Mbano Investments, Chikumbirike and Associates, yesterday confirmed receiving the application but indicated the company was opposing the application and would soon file a response.
One of the lawyers indicated that Mbano Investments was opposing the application on the basis that the logos were different and that Innscor was afraid of competition.
“We are still working on the response but Mbano Investments believes that the application is frivolous and calculated at trying to monopolise the food industry,” he said.
“The logos are different and Innscor admits this in its application. This was also demonstrated by some illustrations made by expert designers.
“Mbano Investments believes the application was filed to harass them and to block competition. They want to monopolise the food industry.”
Innscor, which has been operating in Zimbabwe for the past 21 years, argues that Mbano Investments was infringing its rights to the three logos that were duly registered under the laws of the country.
The company started Chicken Inn and Creamy Inn in 1990 and over the years, the Creamy Inn outlets have increased to 30 while Chicken Inn outlets now number 36.
In a founding affidavit by Innscor’s franchise and trademarks administrator, Mr Marek Dergiman, the company argues that Mbano Investments was seeking to unlawfully benefit from the good reputation built up by Innscor.
“Applicant has created distinctive marks for each fast food concept and over the years have become strong brands synonymous with the quality of applicant’s fast food services that dominate the Zimbabwean market,” he said.
He said the logos for Mbano Investments were likely to deceive Innscor’s customers.
“The respondent’s marks so nearly resemble applicant’s registered trademarks and are likely to deceive or cause confusion,” he said.
“The use of the offending marks by the respondent is in relation to goods and services which I verily believe the respondent proposes to offer to the public in the near future, and in respect of which the applicant’s aforesaid marks are registered.
“The conduct by the respondent is calculated to confuse the public into believing that respondent’s goods or services are or will be those of the applicant or connected in the course of trade with the applicant.
Innscor general manager Mr Takawira Tawengwa discovered the billboard and took photographs of it before forwarding them to his superiors.
Online Reporter