Online Reporter
Mathew Masinge
LOCAL hair products distributor, Ona Brands (PVT) LTD, has been ordered to stop using the name “Feso” on its products after claims of copyright infringement.
Ona was dragged to court by Leticia Kuda Mupawose, who was seeking an interdict against the distributor contending that she is the sole registered proprietor in Zimbabwe, Botswana, Mozambique, and Malawi.
Mupawose has been using the trademark Feso under AP/M/2023/005745 in classes 1, 3 and 35 in respect of hair products.
While Ona Brands has been trading as “Ona Natural Oils” including the word Feso in its hair shampoos.
Mupawose proved that with Ona Brands’ actions to include the word “Feso” has created confusion amongst her clients who end up buying their product.
She also accused Ona Brands of copying and pasting all her marketing strategies posted on her social media pages.
In her finding, Justice Sylvia Chirawu-Mugomba said although Mupawose has no monopoly over the word “Feso”, Ona Brands confused customers by including the word on its products.
“If Ona Brands contends that it used the word to show an ingredient, there is nowhere on its product that depict the words, “contains FESO”.
“Infact, the word FESO is featured prominently and in my view this is what draws a notional customer to the product.
“Indeed, the correspondence attached by the applicant shows this confusion. In my view, a consumer is likely to associate the word FESO with the products from Mupawose.
“The word FESO in my view has acquired a distinctiveness as associated with Mupawose,” said Justice Chirawu-Mugomba.
The judge also ordered Ona Brands to destroy all packaging or advertising material within seven days.
“Ona Brands shall within seven days of service of this order, deliver to Mupawose or the Sheriff for destruction all packaging, labels, posters, wrapping, advertising matter, documents and other material in its possession bearing the word FESO which resembles the applicant’s registered trade mark.
“Ona Brands be and is hereby interdicted and restrained from using any mark, trade name, label or set up likely to result in its hair growth products being taken to be those of the applicant without clearly distinguishing such products from those of Mupawose,” reads the judgement.
