Delta Connection Denied Stay, Rebrands
Tuesday, 07 July 2009 07:24    PDF Print E-mail
The Kenyan Court of Appeal on the 5th July, 2009 refused to stay the High Court's Order directing that Delta Connection do cease from in any way using and or trading with the registered trade mark of Delta Airways. This followed Delta Airways' application for interlocutory orders for trade marks infringement being allowed in March 2009. In a surprising move, Delta Connection came out and blamed its legal problems on a purported conflict between the Companies Act and the Trade Marks Act.
 
Delta Connection's legal problems and its subsequent blame of a 'parallel system' of, we assume, intellectual property rights clearly show the risk Kenyan companies run by failing to carry out due diligence on their brands or intended brands and absence of legal advice on some actions. A search on the very open Kenyan trade marks registry may have helped in informing Delta Connection’s choice of name and brand more so given that their operations are in the same class as that of Delta Airways.
 
Delta Connection has now been left undertaking a forced urgent rebranding from Delta Connection to D Connections.
 
.KE Domain Names - an Introduction
Monday, 06 July 2009 10:36    | Written by Wanam Sale    PDF Print E-mail
The .KE country code top level domain is administered by the Kenya Network Information Centre (KENIC) with only accredited Registrars being allowed to register .KE domain names for and on behalf of clients. Currently only Kenyans or Kenyan entities can be accredited as .KE registrars meaning any foreign Registrar can only handle domain name registrations through a duly accredited Kenyan company.

There are six available third level domains available for registration on the .KE domain space, the same being:

1.     .CO.KE
This third level domain  is for the registration of domain names by companies.

2.    .OR.KE
This third level domain is for registration of domain names by  Not-for-Profit-Making Organisations or NGOs.

3.     .NE.KE
This third level domain is for registration of domain names for/by Network Devices.

4.    .GO.KE
This third level domain is for registration of domain names by government bodies. Supporting documentation is needed for registration in this sub domain.

5.     .AC.KE
This third level domain is for registration o f domain names by institutions of Higher Learning/Education. Supporting documentation is needed for registration in this sub domain.

6.    .SC.KE
This third level domain is for registration of domain names by Lower and Middle institutions of Learning/Education. Supporting documentation is needed for registration in this sub domain.

It should be noted that apart from registration in the .go.ke, .ac.ke and .sc.ke third level domains, no supporting evidence is required by KENIC before a domain name is registered and registration of all .KE domain names are on a first come first served basis.

The minimum period available for registration of a .KE domain name is one (1) year with a possibility of registration for ten (10) years.

The ease of registration of .KE domain name with no supporting documentation being needed for registration in the .co.ke, .ne.ke and .or.ke third levels has led to a relatively high number of registration of .KE domain names which as of the 19th December, 2008 was 10 000.00.

With the number of internet users in Kenya highly expected to increase due to the first fibre optic finally connecting Kenya to the global community and more fibre optic links expected, the number of domain names registration is only bound to improve.

Needless to say, the scope of both mala fides and bona fides domain names registration of one’s trade mark is quite high with several ‘global’ brands already being registered by third parties. Thus where a trade mark propreitor would not have registered a domain name before such a registration by a third party, the domain name recovery cost can be substantially high.
 
WPATENT.COM - Editorial
Wednesday, 01 July 2009 02:46    | Written by Wanam Sale    PDF Print E-mail
We welcome you to WPATENT.COM with this very first post. Africa has a lot of Intellectual Property potential and impediments. One of the latter that negatively impacts on the former is lack of information. WPATENT.COM is a project of WANAM SALE (a Kenyan law firm with an Intellectual Property Practice foundation) whose main objective is to provide information on not only Kenyan and East African but African Intellectual Property Practice and developments. Given our Kenyan practice, it should therefore not be surprising to find that most of the information and articles on WPATENT.COM are specific to the Kenyan Intellectual Property Practice and its development.

WPATENT.COM is projected to and shall cover the full spectrum of Intellectual Property Law in Africa with specific emphasis on trade marks, industrial designs, patents, franchising, copyrights, plant breeders rights, domain names, anti-counterfeiting, the internet and e-commerce.

WPATENT.COM, it should be pointed out, though a project of WANAM SALE may from time to time contain articles written by either employees or non-employees of WANAM SALE and it thus should be noted that any such articles or posts appearing herein are not a communication of the position of WANAM SALE in any of the issues addressed covered by them – either expressly or impliedly.