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Saudia Arabian Airlines Corporation v. Saudia Kenya Enterprises Limited

(1986) JELR 95225 (CA)

Court of Appeal  •  Civil Appeal 47 of 1984  •  12 Mar 1986  •  Kenya

Coram
John Mwangi Gachuhi, Harold Grant Platt, Alister Arthur Kneller

Judgement

IN THE COURT OF APPEAL

AT NAIROBI (CORAM: KNELLER, J A PLATT and GACHUHI AG JJ A) CIVIL APPEAL 47 OF 1984 BETWEEN

SAUDIA ARABIAN AIRLINES CORPORATION ..................... APPELLANT

AND

SAUDIA KENYA ENTERPRISES LIMITED ............................... RESPONDENT

(Appeal from a judgement and order of the High Court of Kenya at Nairobi (Cocker, J.) dated January 15, 1984

In

Civil Appeal 186 of 1983)

___________________

JUDGMENT KNELLER,J.A.

The appellant, Saudia Arabian Airlines Corporation (SAAC), claims it is a corporation incorporated in the Kingdom of Saudi Arabia and owns a logo or trade mark in the form of a palm tree imposed on a delta device with crossed swords supporting and criss-crossing the delta. It is registered, extensively used and known in most countries of the world and has acquired a worldwide reputation for goods used by SAAC which are covered by classes 12 and 16 in the Third Schedule to the trade marks Rules promulgated under sections 39 and 41 of the trade marks Act (Cap 506…

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