Giant U.S. TV Network Sues Kenyan Candy Maker for Plagiarizing the “Ben 10” Trademark

If you’re one of those people who love candy or has a young one who does then you must have come across the “Ben 10” brand of chewing gum. Now here’s the shocker. Kenya’s leading manufacturing conglomerate, Kenafric has been sued by United States TV giant, Time Warner on Copyright infringement of its cartoon trademark product, BEN 10.

BEN 10 is a popular American cartoon franchise created by Cartoon Networks and “Man of Action”. With three Emmys under its belt, the cartoon has grossed over $22 billion in sales in Europe, the Middle East and Africa.

Cartoon Networks Inc., the TV unit of Time Warner wants the Kenyan conglomerate to stop the production of its chewing gum with BEN 10 branded wrapping paper.

According to Business Daily, Cartoon Network alleged that the association of Kenafric’s chewing gum with its brand can damage the reputation of BEN 10 and goods branded with the label toys, video games and clothing which has been developed over the years through promotions and advertising.

It also claimed that Kenafric has been using its popularity to grow its business and fortune without prior permission of using it trademark.

“The defendant’s (Kenafric) use of the name of BEN 10 amounts to trade mark infringement of BEN 10 Trade Marks. The unauthorized reproduction or adaptation or publication or broadcast or sales or distribution or possession or importation of the offending chewing gum constitutes copyright infringement,” Cartoon Networks vice president, Louise Sams says in a document filed at the Milimani Commercial court.

Sams says both company use the same communication channel for distribution and this could easily lead to association of the Kenafric chewing gum with its cartoon. Therefore, having registered BEN 10 as a trademark in the US, Warner says the product is protected in Kenya too.