Comedian Edwin “Eddie” Butita has taken legal action against the Mall of Africa, a global online store for brand violation.
According to a local publication, the comedian wants to be compensated up to Sh10 million for what he terms as “using his brand without his consent.”
For instance, the mall is said to have used his image and brand to promote sales during the global November Black Friday.
Last month, in a demand letter through his advocates, MNO Advocates LLP, the comedian demanded that the mall submits a written admission that they commercialized his brand without consent and thereafter engage on the amount for compensation.
“On 22nd October 2020 in anticipation of the international Black Friday, you exploited our client’s widely renowned brand to market your business and attract shoppers. While using our client’s brand, you posted promotional content on your social media platforms inviting buyers to visit and shop on your online shops during the Black Friday Extravaganza. You were cheeky enough to tag our client’s handles on all your social media platforms to give credence to your lawful use of his brand,” read part of the demand letter.
Responding to the same, Mall of Africa rubbished the claims of brand violation prompting Butita to seek legal action.
“We are going to court. Currently, we are processing court documents which we will be serving Mall of Africa in the next 10 to 14 days. We are seeking compensation for the commercialization of our client’s online brand to market their Black Friday sales without paying for it. We basically seeking damages for our client that could go up to Sh10 million,” said MNO Advocates LLP senior lawyer Okalle Makanda to a local publication.
According to the argument by Mall of Africa, Butita’s brand is not trademarked hence does not warrant any payment or compensation.