ZPH loses rights to Parade magazine

That puts to an end the trademark rights dispute pitting Ke Nako Media and the Zimbabwe Publishing House, who at one time wanted to launch two different magazines sharing the same title on the same day.

Ke Nako Media and ZPH were embroiled in a battle to use the Parade title in publishing their respective monthly magazines.

ZPH argued that it bought the title together with the goodwill from Thomson Publications and that the magazine had created a good name since 1953.

ZPH and the former magazine owners had been operating without registering the trademark as required by law.

Last year Ke Nako Media successfully obtained a trade certificate to protect the same service mark and got a licence to operate.

Ke Nako Media’s board is chaired by Mr Peter Gwaza.

Both companies got licences to publish Parade magazine from the Zimbabwe Media Commission, but ZPH later complained that its service mark had been hijacked.

A dispute arose resulting in the matter spilling into the High Court.

Justice Ben Hlatshwayo then referred the dispute to the Controller of Patents, Trade Marks and Industrial Designs for determination of the trademark rights.

While the controller was yet to rule on the matter, ZPH published its first issue of Parade in December last year.

In a ruling dated 18 January 2013, the controller found that Ke Nako was the legitimate owner of Parade. “Accordingly, first respondent’s claims are, in our view, not merited. Applicant (Ke Nako Media) is hereby confirmed to be the legitimate owner of the Parade service mark and possible related classes.

“Alternatively, first respondent (ZPH) can only seek to become a registered user to applicant, if applicant is agreeable,” reads part of the ruling.

It was the controller’s finding that ZPH and the earlier publishers of Parade erred by failing to register the service mark.

ZPH, according to the controller, failed to oppose the registration of the same service mark by Ke Nako Media.

“First respondent did not only fail to register the service mark, Parade, but also did not oppose the registration of the said mark although they received the Trade Mark Journal in which the mark was advertised in good time.

“First respondent also did not file the required deed of assignment documents in order to validate or merit their claim that the service mark called Parade was indeed, at some time, assigned to them by Thomson Publications.

“Worse so that Thomson Publications did not register the mark with the Zipo Office at any other time before this dispute…” reads the ruling.

ZPH spokesperson Ms Rejoice Nharaunda said her company would challenge the decision by the controller.

“We are in possession of that ruling and we will contest it. People are allowed to hunt, but not in other people’s kraals.

“Parade is ours and we will not allow anyone to steal it from us,” she said.

Ke Nako Media lawyer Mr Nelson Mashizha, of Takundwa and Company said Ke Nako’s first issue of Parade would hit the streets in February.

“The ruling clearly states that Ke Nako is the owner of all rights in respect of the Parade.

“In terms of the law ZPH did not buy anything from Thomson Publications. We are very glad and we are going ahead to publish. Our first issue will be hitting the streets next month,” he said.