Eddie Butita is seeking legal action against online shopping brand Mall of Africa for using his brand without seeking his consent or paying him for the image rights.
Butita has moved to the commercial court to sue Mall of Africa seeking up to Ksh 10 million in compensation.
The former Churchill Show comedian in October issued a demand letter to Mall of Africa demanding through law firm MNO Advocates LLP.
Comedian Butita makes a debut as an artiste bringing out King Kaka and Dj Shiti
In the demand letter, Butita demanded a written admission from Mall of Africa of their unlawful commercialization of his brand and thereafter an engagement on the amount of compensation.
“On 22nd October 2020 in anticipation of the international Black Friday you exploited our client’s widely renowned brand to market your business and attract shoppers. While using our client’s brand, you posted promotional content on your social media platforms inviting buyers to visit and shop on your online shops during the Black Friday Extravaganza. You were cheeky enough to tag our client’s handles on all your social media platforms to give credence to your lawful use of his brand, ” Butita’s of demand letter read part .
Butita ultimately filed a lawsuit against Mall of Africa after they denied any unlawful act in their use of his name.
The comedian’s lawyer Okalle Makanda is seeking to petition the court to compel Mall of Africa to produce their sales record during the Black Friday period that started on November 27th upon which they will use it to demand the 10 million compensation for Butita.
