Human and animal feed producer Unga has won temporary court protection in a trademark clash with Nanyuki-based Daiga Millers over the use of the ‘Hodari’ brand on maize flour. The Nanyuki High Court ruled that Unga presented strong evidence showing that Daiga Millers’ use of the name could mislead consumers and unfairly benefit from Unga’s established market reputation.
The court issued interim orders barring Daiga Millers from importing, packaging, distributing, marketing, advertising, manufacturing, selling, or offering maize meal under the Hodari trademark until the matter is fully resolved. Unga told the court it holds registered trademark rights for Hodari in Kenya, Tanzania, Zanzibar, and Uganda, having invested heavily in advertising and sales across the region.
Court filings indicate the dispute arose in November 2024 when Unga discovered Daiga Millers producing and selling maize meal under the Hodari brand without permission. Unga accused the miller of trademark infringement, passing off, unfair competition, and breaches of consumer protection laws, claiming the company was exploiting a well-known brand. The judge agreed that using the same name on identical products created a real risk of consumer confusion.
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“The respondent’s use of ‘Hodari’ on maize meal products—identical to those marketed by the applicant—creates a likelihood of confusion,” the court noted. It clarified that at this preliminary stage, potential deception is sufficient to grant relief, without requiring proof of actual confusion. Trademarks function as indicators of origin, helping consumers distinguish between products. Unga also argued that financial compensation alone would not adequately address the harm.
The court concurred, observing that market confusion could “undoubtedly harm the applicant’s reputation, goodwill, and profits,” losses that would be difficult to measure or remedy later. Daiga Millers did not submit a substantive response to the injunction, leaving Unga’s evidence largely uncontested at this stage.
