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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

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 ).

The respondent, Saudia Kenya Enterprises Limited (SKEL), alleges it is a company incorporated in Kenya and has a trade mark for its goods registered in classes 12 and 16 as TMS B26905 and B26906 and they are so similar to or identical with those of SAAC that the Registrar of trade marks on December 9, 1980 would not register SAAC’S which were labelled TMA Nos 28109 and 28110.

So on February 2, 1981, SAAC a…

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