British company claims ownership of Kenya's colourful national cloth
Tuesday, 6 March 2007
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A British company has applied to trademark the word "kikoy", prompting fears that Kenyan producers of the colourful cloth may lose the right to call it by its traditional name.
Campaigners in Britain and Kenya have warned that thousands of people could lose their livelihoods if the application is successful. They claim that the move by Kikoy UK Ltd to trademark an Anglicised version of the word "kikoi" will prevent kikoi producers in Kenya from selling their products in Europe.
Kikoi is a cotton, hand-made sarong, traditionally worn by Kenyans living by the coast. Normally tied around the waist, or used by mothers to hold babies on their backs, the kikoi has been converted into gowns, cushion covers and bags.
A British fair trade organisation, Traidcraft, is leading the consortium of British and Kenyan charities opposing the application. "It's outrageous that words and terms that are distinctive to a people, a culture and a language should be appropriated in this way merely to advance the self-interest of commercial organisations," said Rob Donnelly, Traidcraft's Africa programme manager. Matthew Rippon, an intellectual property solicitor in the UK, who is working with Traidcraft, said it could "kill off" the Kenyan kikoi industry. "If they succeed in registering the word 'kikoy' the effect will be that no one else will be able to sell or import goods to the UK bearing the mark 'kikoy'."
Kim McKenzie, managing director of Kikoy UK Ltd, dismissed Traidcraft's claims as "absolute twaddle". His argument is based on the spelling of the word "kikoi".
"There is no word 'kikoy' with a 'y' in the Swahili dictionary," he said. "It is a word that I came up with. Even if you did register the word 'kikoi' with an 'i' and get away with it you, anybody could still sell kikois in Britain. They'd throw it out of court."
But Mr Rippon added: "It might not be exactly the same but plenty of people spell 'kikoi' with a 'y' anyway. Even if you are using it with an 'i', all Kikoy Ltd would have to do is prove confusion."
The British high commissioner has also been forced to step into the row, although he declined to throw his support behind Kenyan traders.
"It is for the courts to make their judgment and we look forward to it," said Adam Wood.
