The dispute over the packaging and brand identity of two competing sanitary pad products will proceed to full determination after the High Court in Mombasa rejected an attempt by one of the manufacturers to have the case thrown out.

Softcare Kenya Company Limited wanted the case filed by Hilalium & Sons (UR Home) Limited and KOT Group Limited struck out.

The court found that Softcare failed to show that the issues before the Mombasa court were substantially the same as those being handled by the Industrial Property Tribunal or the High Court in Nairobi.

“I therefore find no merit in Software Kenya Company Limited’s challenge to the Court’s territorial jurisdiction at this stage,” the court said in a ruling delivered on August 6.

The dispute centres on competing claims over the packaging and industrial designs of "MY GIRL" sanitary pad, with the plaintiffs accusing Softcare of introducing a competing product, whose packaging substantially imitates their registered designs.

Hilalium & Sons and KOT Group filed the case on September 3, 2025, together with an application seeking orders to stop what they described as the unauthorised use of their designs.

The two companies told the court that they are the registered proprietors of Industrial Design Registration Numbers 1794 and 1795, covering the packaging and appearance of their “MY GIRL” sanitary pad product.

They alleged that Softcare later introduced a competing product, whose packaging substantially resembles their registered designs, and asked the court to stop the alleged infringement.

Softcare argued that the dispute should instead be handled by the Industrial Property Tribunal. The company also pointed to existing proceedings before the Tribunal and the High Court in Nairobi involving the parties and related issues.

Softcare argued that allowing the Mombasa case to continue would result in different courts handling related disputes and maintained that the High Court in Mombasa lacked territorial jurisdiction to hear the matter.

Read: Who owns purple pack? Trademark war rattles sanitary pads marketing

However, the judge found that the proceedings before the Tribunal and the Mombasa court were not seeking the same outcome.

The Tribunal case seeks the invalidation and revocation of the plaintiffs’ Industrial Design Registration Numbers 1794 and 1795, while the Mombasa suit seeks declarations of infringement, injunctions, damages and an account of profits.

The judge also held that Softcare’s argument that the plaintiffs should have exhausted other available avenues could not be determined at this stage because doing so would require the court to examine disputed facts and the nature and scope of the other proceedings.

The court further distinguished the Mombasa case from proceedings before the High Court in Nairobi.

Although the disputes arise from competition between the companies in the sanitary products market, the causes of action, rights relied upon, and remedies sought are different.

The Mombasa case concerns alleged infringement of the plaintiffs’ registered industrial designs, while the Nairobi proceedings involve allegations of trademark infringement, passing off and unlawful use of the “MY GIRL” trademark.

The ruling allows the Mombasa case to proceed, leaving the court to determine whether Softcare infringed the plaintiffs’ registered industrial designs.

However, the wider dispute involves competing accusations of copying, with each side claiming that the other has unlawfully adopted packaging features associated with its sanitary pad brand.

Softcare maintains that its brand, which has been in the market for more than 14 years, has developed strong goodwill and consumer recognition through sustained production, advertising and sales.

It says its sanitary pads are identified by purple and blue packaging, scattered white flowers, a blue strip across the pack and an image of a woman on the left, with the word “SOFTCARE” prominently displayed in white.

Softcare alleges that KOT and Hilalium initially marketed “MY GIRL” sanitary pads in pink packaging after launching the product in 2024 but later changed the design to incorporate features similar to those of its products.

It argues that the similarities could confuse consumers and enable its competitors to benefit from the reputation and goodwill it has built over the years.

Softcare further maintains that packaging plays an important role in the sanitary pad business because consumers associate a product’s appearance with its quality and performance.

KOT and Hilalium, however, maintain that they are the registered proprietors of the “MY GIRL” industrial designs and accuse Softcare of copying their protected packaging.

The two companies say they registered the Purple Industrial Design and Sky Blue Industrial Design in December 2024, giving them exclusive rights to the designs.

They allege that Softcare reproduced key features of their packaging, including purple and blue colour blocks, a model positioned on the left, a blue strip through the centre and an illustration of a sanitary pad on the right.

They contend that the similarities undermine their brand identity and could confuse consumers, amounting to infringement of their registered designs.

The two companies are seeking declarations of infringement, permanent injunctions, compensation and an account of profits earned from the alleged use of their designs.

The competing claims have turned the packaging of sanitary pads into the centrepiece of a wider commercial battle over brand identity, consumer recognition and goodwill.

→ bocharo@ke.nationmedia.com

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