Muvi drags ZICTA, ZNBC to court

MUVI Television has sued the Zambia Information and Communications Technology Authority (ZICTA), Zambia National Broadcasting Corporation (ZNBC) and two of its former employees over the use of the ‘Mwine Mushi Kasaka’ trademark.
The other two sued as the third and fourth defendants are Rabam Mwape and Webster Chiluba, both former employees of Muvi TV.
Muvi TV wants the Lusaka High Court to grant it an interim interlocutory and permanent injunction restraining the defendants from producing, procuring for advertising, or offering for advertisement any products related to the ‘Mwine Mushi Kasaka’ products or from
infringing on the registered trademark or the Intellectual Property rights as protected by law.
Muvi TV wants damages covering expenses, lost profits, a reasonable royalty and harm to the reputation of the trademark made by the defendants as a result of their unlawful actions.
It further wants an order that the alleged counterfeited ‘Mwine Mushi Kasaka’ productions be destroyed or delivered to it or, alternatively, to refrain from advertising the products or selling them to others in whichever form.
Additionally, Muvi TV wants ZICTA, ZNBC, Mr Mwape and Mr Chiluba to render an account to it for all profits made while using the characters of ‘Mwine Mushi Kasaka’ in advertisements and other engagements, and cause the money to be rendered to Muvi TV with interest.
Muvi TV director Alfred Tembo stated in his affidavit filed in the Lusaka principal registry that Muvi TV was the registered proprietor of the ‘Mwine Mushi Kasaka’ trademark.
Mr Tembo said by an agreement dated February 24, 2009 Muvi TV and Mr Mwape entered into a contract of employment where Mr Mwape was engaged as a full-time producer for the Copperbelt region.
He said it was an express term of the agreement that all the television series and movies produced would be paid for and remained the property of Muvi TV.
Mr Tembo said during the period of his employment, Mr Mwape produced television series and movies which included the ‘Mwine Mushi Kasaka’ television series.
He said Mr Mwape and Mr Chiluba were some of the actors in their capacity as Muvi TV employees, and that all the services they rendered were paid for by the television company.