COLOUR PLANET, an IT services firm, has sued Safaricom over the use of ‘Okoa Stima’ name for its mobile-based electricity credit facility.
The firm says it registered the Okoa Stima trademark with the Kenya Industrial Properties Institute in May, Business Daily reports, and has asked the court to stop Safaricom from using the name in any way until the suit is heard and determined.
Colour Planet says it came up with the name as part of an electricity purchase software it had developed and even introduced to Kenya Power. The firm has enjoined Kenya Power and a Safaricom employee, Julia Obura, in the suit.
“It came as a surprise to Colour Planet when Ms Obura claimed ownership of the concept of Okoa Stima. Safaricom has subsequently infringed on Colour Planet’s trademark by advertising perennially,” Colour Planet argues. “It is in the interest of justice that Safaricom holds its hands pending the unravelling of the truth behind the trademark.”
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Yesterday, Justice Francis Gikonyo ordered Safaricom’s lawyer Nelson Havi to respond to the suit by July 23 when the case comes up for a hearing.
Colour Planet’s Anthony Chege Wanaruah claims that he is the proprietor of the trademark. He says the firm has worked on the software since 2012, and that Safaricom’s alleged infringement has watered down the quality of its Okoa Stima trademark.
Mr Wanaruah adds that it was resolved in a November 2013 meeting with the Kenya Power managing director Ben Chumo that the two firms would partner if Colour Planet got financial backing from a bank.
“We sought financial services from KCB which led into a memorandum of understanding to the effect that KCB would liaise with Kenya Power to implement the concept,” Mr Wanaruah holds.
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