Safaricom denies violating intellectual property for its Blaze campaign
A leading telecommunication company has denied allegations that it violated intellectual property rights of a creatives firm in a bid to promote its growth and use of mobile data among youths.
Safaricom, which is currently locked up in an intellectual property rights dispute with Transcend Media, insists that it did not replicate the latter’s work while coming up with the ‘BLAZE campaign’.
In case documents filed at the Milimani Commercial Court, Safaricom’s litigation officer Daniel Ndaba said the suit filed against the telco seeking to stop advertising and rolling out of the said project is purely draconian and that it is aimed at frustrating their operations.
STOPPING CONTRACTS
Mr Ndaba claimed that if the orders stopping it are granted, various contracts relating to the project will be suspended and would consequently affect many third parties who had not even been listed in the case but work with them.
“It is clear that this case is an afterthought as it came after the project had already rolled out several months ago, ” he said.
According to Safaricom, the telco did not replicate Transcend’s work as alleged since its concept, content and presentation is clearly traceable and that the artistic work is evident.
In September 2015, Safaricom allegedly embarked into a project that would reach out to all cultures across the country while aiming to improve its market for data.
A study had shown that despite the fact that the use of data was fast growing, it was still low hence the company sought to improve its business in a segment that targets youth aged between 18 and 25.
Together with its creative agent, it opted to award a tender for developing, creative advertising and communication services to a second agent with a pitch of the project in mind.
TARGET YOUTHS
The company says it also registered the name BLAZE as its trademark before embarking on procuring the second agent to help them structure business segment that targets youths.
The company alleges that eight out of 16 were shortlisted and were tasked with coming up with the marketing strategy after being issued with a concept proposal.
They were required to have similar characteristics except for the presentation.
After evaluation was done in three stages, Transcend emerged top but it, however, did not win the tender since it allegedly did not demonstrate its digital strategy and appeared to “lack a central driver”.
Safaricom also alleges that Transcend breached the code of conduct and that all bidders were assessed on technical as well as commercial aspect.
But according to Transcend, the telco stole its concept and name which had been recognized by the Kenya Copyright Board through issuing them with a certificate.
IMPROPER CERTIFICATE
However, the telco argues that the certificate was issued improperly and that the said board’s officials need to be investigated in that regard.
“It is clear that the allegation of utilizing materials presented by Transcend, like the pitch for the Blaze campaign is wholly incorrect and finds no supports whatsoever with these facts,” Mr Ndaba said.
Safaricom also disclosed that there are other cases on the same issue in court and insisted that Transcend’s copyrighted pitch is not evidence of breach of intellectual property since the telco’s project started way back in September 2015 and ended in April.
They therefore faulted the creatives firm’s dispute saying that the matter was taken to court after the project had already been rolled out hence the delay is inexcusable.
Safaricom has also defended its award to Saracen Media arguing that the allegation that it had denied Transcend retainer fees as being misplaced.
