Two rival hair companies in court battle over brand name

NAIROBI: Women will not have their hair done with 'New Sarah' braids, pending hearing and determination of a case challenging the brand name.

The High Court Monday also ordered Style Industries Limited to access an inventory of the braids bearing the trademark allegedly used illegally by Hantim International Limited.

Style Industries is to also confiscate braids branded Sarah or New Sarah for preservation purposes, pending hearing and determination of the case it filed against its rival Hantim.

Style Industries, the manufacturer of Darling hair, filed the case under a certificate of urgency before High Court judge Farah Amin, lamenting that the name Sarah as used by its competitor, was infringing on its copyright and creating confusion in the market.

"The defendant (Hantim) are hereby restrained, whether by itself, its directors or employees from manufacturing, advertising, distributing, selling or dealing in any way whatsoever in products bearing the name Sarah or New Sarah; or any other mark which is similar to or bearing close resemblance to plaintiff's registered trademark until the hearing and determination of this suit," Amin ruled.

Style through its lawyer Joshua Nyawara told the judge it had incurred losses due to confusion about the two products. The lawyer lamented that Hantim was using the same face, colour and the slogan as used by his client.

"For a couple of months now, the plaintiffs' turnover in respect of its said product Sarah has been declining and upon commissioning a market research, the plaintiff found that the defendant is illegally manufacturing and selling in the same market similar goods with the name New Sarah," he said.

"Customers are buying Hantim's products believing they are buying Style goods. The firm cannot be allowed to copy the name Sarah and use it in the market. My client is bound to lose the business niche and trust it has built over the years," he said.

Amin also allowed Style to confiscate any hair products that are in Hantim's custody bearing the contested name.

"The defendant, do allow the plaintiff to access its premises and take an inventory of all products bearing the name Sarah or New Sarah and to take away such samples as may be necessary and keep the rest properly preserved until the hearing and determination of the suit," she ruled.