Kenyan clothing and apparel brand Home 254 has warned against the unauthorized use of its name, logo, and product identity after a viral video surfaced showing imitation versions of its products being sold online.
The company issued the warning after a video showed a woman in Western Kenya marketing what appeared to be imitation versions of Home 254’s popular short sets.
In the video, the seller showcases the apparel in different colours bearing branding and designs similar to those associated with Home 254, but at significantly lower prices.
In a statement shared on its social media platforms, the brand accused some sellers and individuals of using its registered trademarks without permission.
Furthermore, Home 254 claimed that these sellers presented their products in a manner that could mislead consumers into believing they were purchasing genuine Home 254 merchandise.
“We have built this brand for so long here at home the 254…It has come to our attention that certain pages, sellers and individuals are using our registered brand name, marks and product identity without our authority and are presenting goods in a manner likely to suggest that those goods are original home_254 products or are connected with us. They are not AUTHORIZED by us.
Home 254 Vows Legal Action Against Counterfeit Products
While acknowledging that its success may inspire emerging entrepreneurs, Home 254 said aspiring business owners should distinguish between drawing inspiration from a brand and unlawfully copying it.
“We appreciate that we inspire people to start their own brands locally but we will not take it lightly when it comes to counterfeits. All our LOGOs have a registered proprietor Job Brian Jura.” The post read.
The company emphasized that it has legally protected its intellectual property for several years.
Consequently, Home 254 said it is already pursuing legal remedies against those responsible.
“And for the one asking if our logos are trademarked yes, they have been since 2019. We are now working with our legal team to make sure this comes to an end!” Home 254 warned.
Kenyans React to Viral Home 254 Imitation Products
Several social media users noted the years of effort, creativity, and investment required to build a successful brand, arguing that unauthorized copies undermine that work.
Others questioned the unusually low prices, arguing that the garments appeared inferior in quality to the original products.
Some netizens also stressed the difference between taking inspiration from an established brand and directly copying its identity.
The social media users argued that entrepreneurs build successful brands through years of dedication, innovation, and consistency.
Selling counterfeit or imitation products, they argued, unfairly benefits from the reputation and goodwill established by the original business.
What does Kenyan law say about trademark infringement?
The Trade Marks Act (Cap. 506) grants registered trademark owners the exclusive right to use their marks in connection with the goods or services for which they are registered.
In addition, the law considers it trademark infringement when another person uses an identical or confusingly similar mark without authorization in a manner that is likely to deceive consumers or create confusion in the marketplace.
At the same time, it prohibits the sale of goods bearing forged or falsely applied registered trademarks. Individuals found guilty of selling such goods may face fines of up to KSh 200,000, imprisonment of up to five years, or both.
