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| Business |
| Legal battle holds Maheu distribution |
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by
Aubrey Mchulu, 14 July 2004
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19:34:09
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Local distribution of Zambian-brewed bottled nonalcoholic drink ‘Super Maheu No. 1’ has been put on hold pending a court ruling on the wrangle over ownership of the brand name between Trade Kings Limited and Bowler Beverage Company Limited.
Gospel Kazako, Trade Kings Limited national marketing consultant, said in an interview Thursday his company is complying with the court order obtained by Bowler Beverage Company which claims ownership of the brand name Maheu.
“Formally, we have tried to ensure that there is no distribution of our Super Maheu Number One. There are no stocks of Super Maheu Number One,” he said.
Kazako said it was imperative to inform consumers about this development because most of them were expressing concern over the absence of the product on the market.
Lilongwe-based Bowler Beverage Company on April 12 this year obtained an injunction stopping importation, exporting, selling and promoting of Trade Kings’ ‘Super Maheu No. 1’.
The High Court injunction stopped Trade Kings Limited, “their servants or agents and whosoever to stop importing and exporting into Malawi directly or through third parties, selling or offering for sale and advertising bottled drinks or products for human consumption called ‘Super Maheu No. 1’ or bearing Maheu marks.”
Lawyer Patrice Nkhono of Mbendera, Chibambo & Associates said in an earlier interview that his Zambia-based clients Trade Kings Limited argue that Maheu is a Shona name for any cereal-based nonalcoholic drink freely used in Zambia and Zimbabwe like thobwa is in Malawi.
Nkhono said it was for that reason that Trade Kings Limited have registered the name Maheu in both Zimbabwe and Zambia as a description or label not a trademark because it is not a name one can claim exclusive use of.
In Malawi, according to Nkhono, the name Mahewu, whose spelling includes the letter ‘w’, was first registered by opaque beer brewer Chibuku Products Limited as a description and later assigned it to Bowler Beverage after the merger of Chibuku and Napolo Ukana breweries.
Bowler Beverage was represented in the case by Lexon & Llyods legal firm.
From late last year, ‘Super Maheu No. 1’ from Zambia started flowing into the country with a massive advertising campaign that brought competition on the market. |
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