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Confidence Haugen wins: Court says it erred in case regarding Keba/Konfidence fashion logos



Makeba Boateng and Confidence HaugenConfidence Haugen, owner of Aphrodisiac Nite Club, has reopened her Kofidence fashion line shop after an Accra Fast Track High Court agreed that it erred in granting a restraining order against her. The Accra Fast Track High Court had on Thursday, May 23 granted an ex parte application brought against Confidence to stop using a logo she was using for her Konfidence fashion line which was launched in September 2012. The court, presided over by Justice Cecilia H Sowah, placed a restraining order after Ghanaian designer Makeba Boateng, who owns Keba Clothing, sued Confidence for infringing on her intellectual property rights having created and actively used and popularized the logo since 2002. The court ordered the cessation of the use of her “K” with a butterfly logo for the Konfidence Fashion Limited and its products which includes shoes, bags and accessories. Lawyers for Makeba had argued that she has been duly acknowledged by the Registrar General’s Department as being first-in-time to initiate the process to register the logo under the country’s trade mark laws. When the case was heard Thursday, June 6, Bobby Banson of Minkah-Premo & Co, Counsel for Confidence Haugen argued that with regards to the tenets of the law, copyright cases/intellectual property cases are heard by a Commercial Court and not a Fast Track Court and therefore the Fast Track High Court erred in granting the interim injunction. Bobby Banson told in an interview that “the Fast Track High Court does not have the jurisdiction” for cases involving intellectual property. According to him, they were in court Thursday to tell the judge that the court does not have the jurisdiction to sit on the case and therefore it erred in placing a restraining order on the Konfidence fashion line. The court, presided over by Justice Cecilia H Sowah after hearing the argument of the counsel for Confidence Haugen ordered that Counsel for Makeba Boateng, Gaisie Zwennes Hughes & Co, to refile the case in the appropriate court which is the Commercial Court. Bobby Banson noted that as things stand, there is no case against Confidence and she can therefore open her shop and continue with her business. Sources close to Counsel for Makeba have hinted to that they may refile a new case in the Commercial Court by next week. ]]>