Delta Connection goes down to Delta Airlines in Trade mark row

Delta Connection Limited of Kenya has lost an appeal to stop execution of a High Court order restraining it from using the word DELTA on its aircraft, tickets, flight schedules and other printed materials.

In declining to set aside the High Court order, Court of Appeal Judges Riaga Amollo, Emannuel O’Okubasu and Phillip Waki ruled that the application was incompetent as it was filed under the wrong rules. In the application Delta connection argued that it did not infringe the trademark since it had started its operation in Kenya in 2004, before the US Airline registered the Trade Mark.

The American Airline, which is about to establish direct flights to Kenya moved to the High Court early this year in March and obtained the order restraining the Kenyan company from using the mark.

Following the Court of Appeal ruling the Kenyan Company has changed its name to D-Connection and is reported to have asked the government to harmonize the Companies Act and the Trade Marks Act because of “conflict between the two laws”. According to the airline’s sales Manager, the company will spend about Ksh. 10 Million in the re-branding exercise to comply with the court order. The company will however continue with the main appeal.