EABL and its subsidiary Kenya Breweries Ltd (KBL) had filed an application seeking orders that certain sections of the defence and counter-claim filed by Keroche, be struck out for being irrelevant to the case before court. “In my considered opinion, the defence on record filed by Keroche, including the paragraphs which EABL and KBL wished to have struck out, are not oppressive, scandalous or immaterial,” Mr Justice Ochieng said. The court also said the Naivasha-based Keroche cannot be faulted for formulating its counter-claim in the manner it has chosen. In March this year, EABL and KBL filed a case in court seeking orders to compel Keroche to stop bottling beer in brown bottles labelled “EABL”, saying Keroche was infringing on its copyright and using its resources to further its business. In its defence, Keroche denied the allegations, saying brown bottles are conventionally used worldwide by beer manufacturers and hence, are not reserved for any beer manufacturer to patent or trademark.

Source: Daily Nation November 25, 2016 12:52 UTC