Royal Mabati and Vintage Mabati clash in Kenyan court over roofing trademarks
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Royal Mabati Factory has sued Vintage Mabati Mills and four former consultants in the High Court in Nairobi, alleging its registered trademarks and designs were copied to build a rival roofing business.
Two Kenyan iron sheet manufacturers are locked in a court battle, with Royal Mabati Factory Ltd accusing Vintage Mabati Mills Ltd of using marks and designs similar to its registered intellectual property. The case is before the High Court in Nairobi.
In the suit, Royal Mabati says the four individual defendants - Isaac Karanja, Samson Waweru, John Gatharu and Victor Koech - had access to its trade secrets and proprietary information before incorporating Vintage Mabati and allegedly adopting substantially similar trademarks, colours, logos and branding.
Royal Mabati is seeking Sh50 million in special damages, general and punitive damages, a permanent injunction against the alleged infringement, an account of profits, and the delivery and destruction of infringing roofing products. The company says it has traded since 2005 and sought protection for brands including Royal Bricktile, Royal Zeetile, Royal Longtile, Royal Box Profile and Royal Mabati Factory, together with related industrial designs.
Royal Mabati told the court that it issued cease-and-desist demands and that the defendants undertook to change their branding, but the alleged infringement continued. Vintage Mabati and the defendants deny deliberate infringement or passing off, saying any resemblance resulted inadvertently from common terminology and branding concepts used in the roofing industry, and that they began a rebranding exercise in good faith after receiving the demand.
In an interim ruling, Justice Peter Mulwa barred Vintage and the four individuals from using Royal Mabati's registered marks pending trial, saying the plaintiff had demonstrated an identifiable proprietary interest deserving protection. However, the court declined to freeze Vintage's operating accounts or order an accounting of profits, describing a freezing order as disproportionate at this stage. The case is slated for mention on September 29, 2026.