IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
CORAM: D.S. MAJANJA J. CIVIL CASE NO. E457 OF 2019
BETWEEN

HAVELLS INDIA LIMITED ..............................1st PLAINTIFF
QRG ENTERPRISES LIMITED .............................. 2nd  PLAINTIFF

AND

SONGHONG FREIGHT SERVICES LIMITED .............................. 1ST DEFENDANT
ROSE NYAMBURA .............................. 2ND DEFENDANT

AND

JIE XIN TRADING LIMITED INTERESTED PARTY

RULING

1. The Plaintiffs seek to restrain the Defendants and Interested Party from importing, distributing, dealing, marketing and selling goods that are substantially identical to and or goods of the same description bearing the word which they contend is similar to those offered for sale by the Plaintiffs under its registered trademark HAVELLS. They further contend that the goods bearing the word KAVELLS have a get up similar to that the Plaintiffs goods bearing their HAVELLS trademark.
   
   
2. The Plaintiffs are companies incorporated in India and are the proprietors ofthe HAVELLS trademark worldwide. They engage in the production, sale and distribution of electrical products including and of particular relevance to this suit, industrial and domestic circuit breakers. In Kenya, the Plaintiffs a re the registered proprietors of the HAVELLS trademarks as follows:

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