BY SAM ALFAN.
A betting firm has moved to court accusing a rival company of using a contested trademark causing confusion in the market.
Lucky Bus DMCC and Bangbet limited sued Rabow company limited and Joe Muraya over the use of a trademark Bangbet, which they said was causing confusion in the industry.
The betting firm told the court that it acquired the said trademark from Rabow Company ltd for value, and continued using the said trademark under the Rabow’s licence until July 2024 when the Registration of the Assignment of Trademark was issued.
However, Rabow Company ltd started a parallel business by the name Betmania, which is materially similar to that of the latter, in direct competition and causing competition and sabotaging its business.
The court heard that the trademark has significantly grown since the acquisition in 2021.
Rabow Company later shifted its business from the Rabow’s auspices to a new platform and later applied to the Betting Control and Licensing Board (BCLB) the industry regulator, to be issued with a license.
While the business is hosted by the Rabow Company, Rabow Company has exclusive control of the software behind the business, and only relied on the Rabow Company to process payments under the PAYBILL no. 999850.
“All financial operations of the said business rely solely on the said Paybill number 999880. These include payments to customers who successfully place bets and wins,” says the firm.
Lucky Bus DMCC and Bangbet limited want the High Court to freeze the bank account no. 0100005547932 belonging to Rabow company ltd, held with Stanbic Bank Kenyatta Avenue Branch.
The firm also wants an order to freezing Rabow Company Paybill numbers 937552, and 999880 in the name Betmania held with Safaricom or Stanbic Bank.
In the application filed under certificate of urgency, the betting firm also seeks order to bar Rabow Company ld from trading or in any other manner whatsoever dealing under License no. 0000672 (Boommaker’s off the Course license) or in any other manner whatsoever utilizing the said trademark Bangbet.
“A conservatory order barring Rabow Company ltd from trading or in any other manner whatsoever dealing under License no. 0000672 (Bookmaker’s off the Course license) aor in any other manner whatsoever utilizing the said trademark Bangbet pending determination of the notice of opposition of application to registration of trademark no 114757 (not to be confused with trademark no. 109421),” seeks the betting firms.
The firm further wants the court to compel Safaricom to furnish the court with certified statements showing all transactions made on Paybill number 937552 and 999880 from June 1, 2024 to date.
The companies further seek the court to compel Stanbic Bank to furnish this court with certified statements showing all transactions made on bank account no. 0100005547932 held with Stanbic Bank from 1″ June 2024 to date.
They are seeking to issue orders freezing Rabow’s Paybill number 937552 and 999880 in the name Betmania held with Safaricom or Stanbic Bank.
The two betting firms want court to to issue a temporary order of injunction restraining Rabow company ltd from trading or in any other manner whatsoever dealing under License no. 0000672 (Bookmaker’s off the Course license) or in any other manner whatsoever utilizing the said trademark Bangbet pending hearing and determination of the suit.
The court heard that the rival firm started transferring money from its trading Paybill account no. 999880 to another account by the name Betmania Payhill 937552 and to bank account number held with Stanbic Bank without the knowledge, express instructions, authority, or permission of the Applicant.
Rabow Company ltd, Muraya, Safaricom PLC, Stanbic Bank and Betting Control and licensing board have jointly changed the name of the said Paybill account no. 999880 from Bangbet to Betmaina, ostensibly with the intention of confusing customers that Bangbet and Betmania are one and the same, and in order to unlawfully recruit the applicant’s customers.
The betting firms have also lost all visibility of the said financial transactions, and are thus unable to ascertain what the rival firms are doing to its business and its finances.
“The actions of the Respondents aforesaid are threatening the Applicant’s business since any person who wins bets cannot cash out their winnings,” he says .
This will severely diminish the reputation and value of the intellectual property held by the Plaintiff in the trademark BANGBET, a severe loss which cannot be compensated sufficiently by way of damages.
