Published: 14 August 2017

SPAR Zimbabwe is suing a Bulawayo packaging company for $100 000 in damages for allegedly infringing on its trademark rights by using a trademark similar to theirs.

Spar Zimbabwe (Pvt) Ltd, which is representing Spar Group, an international distribution and retail company, through its lawyers, Kanokanga and Partners, filed summons at the Bulawayo High Court citing Star Distributors Packaging (Pvt) Ltd as defendant.

In its application, Spar Zimbabwe is seeking an order barring Star Distributors Packaging from using an offending mark which resembles its trademark on all its products.

Spar Zimbabwe said it was sole registered proprietor in the country through a licence from Spar International BV of a trademark under number 884/2011.

"The plaintiff's supermarket logo is a familiar, trusted and well-loved trademark of Zimbabwe domestic retail space, which competes with giant domestic fresh and grocery outlets such as TM  and Pick 'n Pay Supermarkets, OK Supermarkets and Bon Marche," said Spar Zimbabwe in its summons.

The retail company said Star Distributors Packaging has since 2016 been distributing, marketing and manufacturing using a mark similar to its registered trademark on its carrier bags.

"The offending mark is so identical to the Spar's registered trademark and likely to deceive or confuse our customers. The use of the offending mark by the defendant is in the premises, an infringement of the rights of the plaintiff acquired by registration," said Spar Zimbabwe.

Spar Zimbabwe said despite advising Star Distributors Packaging to desist from using the offending mark, the defendant has failed to comply.

"In spite of demand, the defendant has refused to cease and desist from the infringement and the plaintiff apprehends upon reasonable grounds that the Star Distributors Packaging will continue with its unlawful infringement even after being restrained by the court," said Spar in its court papers.

In the event that Spar Zimbabwe is granted an order compelling Star Distributors Packaging to comply, it wants the defendant to deliver all its products bearing the offending mark to its premises for destruction within seven days failure of which the Sheriff of the High Court should be ordered to execute the order.

Spar Zimbabwe wants Star Distributors Packaging to pay legal costs including prescribed interest on the $100 000 damages calculated from the date of summons to the date of full and final payment.

Star Distributors Packaging has not yet responded to the summons.
- online

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