Actor Davis Mwabili alias Inspekta Mwala /HANDOUTDavis Mwabili, popularly known as Inspekta Mwala, has moved to court seeking to halt a promotional campaign over concerns that it may infringe on his trademark and long-established brand.
In a suit filed under a certificate of urgency, Mwabili names Coca-Cola Central East and West Africa Limited and Coca-Cola Beverages Kenya Limited, alongside influencer Jacky Vike, popularly known as Awinja, as defendants.
At the centre of the dispute is the alleged use of the name “Ka-Mwala” in a marketing campaign dubbed “Kachingching na Coke,” which he argues raises concerns over his trademark rights.
“The 1st and 2nd Defendants (Coca-Cola Central East and West Africa Limited and Coca-Cola Beverages Kenya Limited) have been running a campaign dubbed “Kachingching na Coke” (“campaign”) where Sh163,000,000 was to be won by an estimated 2 million customers since the 14th of May 2024,” he states in his filings.
Mwabili argues that the campaign’s branding and messaging allegedly ride on the goodwill he has built around the name “Mwala” over decades.
According to court documents, the dispute centres on a promotional video published by Vike—popularly known as Awinja—on May 22, 2024.
In the clip, he says phrases such as “ka-mwala” are used in reference to a 200ml Coca-Cola soda, which the actor claims is phonetically and conceptually similar to his registered trademark.
Mwabili states that he owns the Trademark registered in 2010 and is valid until July 2030 and that the use of “Ka-Mwala” amounts to infringement.
He further alleges that the campaign constitutes passing off, which he says risks misleading the public into believing he is associated with or endorses the product.
“The use of the mark ‘ka-mwala’ wrongly attributes the plaintiff as the source, promoter or marketer of the said product,” the court papers state.
The actor says he has built substantial goodwill under the “Mwala” name since 1994 through television, radio, and live performances.
His work, he says, includes roles in popular productions such as the long-running show Inspekta Mwala, as well as earlier appearances in Vitimbi and radio programmes that reached nationwide audiences.
“The plaintiff (Mwala) has appeared in the popular show “Inspekta Mwala” which was first aired by Citizen TV in September 2007 and remains in place to date, where Citizen TV enjoys the largest TV viewership in the Kenyan market,” he adds.
He claims the alleged infringement has already caused confusion among fans, with some reaching out on social media seeking clarification on whether he is behind the “Ka-Mwala” soda.
Mwabili also alleges that his brand identity was used without his consent.
He wants the court to compel the defendants to account for profits generated from the promotion and to order the immediate removal of all allegedly infringing content from digital platforms.
Through his lawyers, the actor is seeking temporary and permanent injunctions restraining the companies and the influencer from producing, marketing, or distributing any content or products bearing the disputed name pending the hearing and determination of the case.
He further wants the court to stop the sale of the 200ml soda linked to the “Ka-Mwala” branding and to bar any similar use of the name in future campaigns.
Mwabili says unless the court intervenes, the continued circulation of the content could dilute his trademark, affect his reputation, and result in continued commercial benefit from what he describes as unauthorised use of his intellectual property.
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