By JUDY OGUTU

The High Court has certified as urgent a suit seeking to stop Equity Bank Ltd from using M-Kesho.

Hoswell Mbugua Njuguna, who trades in the name of Fischer and Fischer Marketing Concepts, claims M-Kesho is a registered trademark yet Equity is using it.

"They have taken it up as their own. He (applicant) made a representation in 2006 asking if they had intentions of adopting it. We are seeking to stop them from using the information they have been given for their own profits," his advocate said.

Mr Njuguna also wants the financial institution ordered to render and deliver to the court proper accounts of all profits made from the use of the said confidential information.

copyright owner

He claims he is the author of the original work completed and submitted for registration on July 24, 2006 entitled Weka Usaidike and the owner of the copyright, which subsists in the work.

On Thursday, High Court Judge, Lady Justice Kalpana Rawal said hearing dates for the case should be given on utmost urgency this month.

The plaintiff claims from August 2006 until sometime in August, 2009 he communicated the said confidential information to one Anne Kinuthia and one Eric Karobia, each acting on behalf of the bank.

Njuguna is accusing Equity of unlawfully using the said confidential information otherwise than for the purpose for which it was supplied.

"It has unlawfully made profits for itself by creating and marketing a new product branded M-Kesho in partnership with Safaricom Ltd, which has characteristics identical to the product discussed between the plaintiff and the defendant," it is stated in the papers filed in court.

Retention of profits made by the bank for itself by use of the said confidential information constitutes unjust enrichment on its part against him, he alleges.

They allegedly received the information knowing it was confidential "and without giving any consideration therefore".

According to him, the information was communicated to the bank in good faith for the sole and limited purpose of negotiating an agreement to be entered into between the bank and himself for the creation and marketing of the proposed new product and for no other purpose.