Frederick Owino Omondi aka Buda Boss has sued Vivo Energy Kenya, the distributor and marketer of Shell and Engen branded fuels and in Kenya over the use of the Buda Boss tag line being used in Shell Petrol Stations.
Buda Boss is a household name in Kenya that is associated with the actor known as Fred Omondi.
His use of the Buda Boss tagline was made popular during the television show dubbed as “Hapa Kule News” in 2013.
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And he has since then extensively used it in his work as an artist and entertainer, and notably in advertisements and endorsements of various products and services.
Omondi has now moved to the High Court to stop Vivo Energy Kenya from using a closely similar tag line BODABOSS, which Vivo is using to market its “Shell Advanced Engine oil” product which is a product for motorcycles.
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His advocate (Ms. Kimeto) has argued that Vivo’s choice of a Tag Line for their products that so closely resembles Omondi’s BUDABOSS Mark.
The suit papers claim it is not coincidental but rather calculated to deliberately to deceive and confuse the market into believing that Vivo’s products have been endorsed by Omondi, or that the Vivo is in a joint venture with Omondi, which is not the case.
Ms. Kimetto has urged the Court to stop Vivo from using this offensive Tag Line.
On 24th July 2019, Hon Lady Justice Grace Nzioka directed Vivo to respond to the allegations in 21 days. The case shall next be in court on 19th September 2019.