Giant telco Safaricom may have a case to answer after Nairobi-based rapper Chris Kaiga accused it of infringing on his creative work.
According to the ‘Bundaz’ hitmaker, Safaricom illegally used phrases off his song titles: “Zimenice” and “Chain Chain”. He says less than a year ago, the telco ran a promotion for its Blaze Data bundle using “Zimenice! Zimenice, Zangu Zimenice.”
Kaiga adds that Safaricom are currently running another campaign dubbed “SMS Ziende Chain Chain”.
“It’s high time @SafaricomPLC got called out for infringing on my creative works! Less than a year ago they ran a campaign dubbed “Zimenice Zimenice zangu Zimenice na blaze by Safaricom” which I hold the registered Trademark and copyrights to the song,” said Kaiga in a tweet on Sunday.
He added: “Now, they are running another campaign dubbed “SMS Ziende Chain Chain” without reference to me. Is this the arrogance of market dominance or just utter disrespect for Kenyan creatives? Something needs to be done!”
While Chris Kaiga did not indicate if he would be seeking legal redress, his grievances divided opinion on social media, with the majority saying he should be compensated.
Others argued that Kaiga only holds the copyright to his songs and not the phrases.
The hitmaker, however, noted that: “I’m the trademark owner of Zimenice.”
Safaricom was yet to respond to the singer’s accusations at the time of publishing.
Here are some reactions.
It’s high time @SafaricomPLC got called out for infringing on my creative works! Less than a year ago they ran a campaign dubbed “Zimenice Zimenice zangu Zimenice na blaze by Safaricom” which I hold the registered Trademark and copyrights to the song.@SafaricomPLC #enemiesOfIP pic.twitter.com/Ijgo7tyEA0
— Chris Kaiga (@chris_kaiga) October 11, 2020
Now @SafaricomPLC they are running another campaign dubbed “SMS Ziende Chain Chain” without reference to me. Is this the arrogance of market dominance or just utter disrespect for Kenyan creatives? Something needs to be done!??@SafaricomPLC #RespectIP#RespectKenyanArtist pic.twitter.com/oCP6LJ1jpl
— Chris Kaiga (@chris_kaiga) October 11, 2020
I’m the trademark owner of Zimenice
— Chris Kaiga (@chris_kaiga) October 11, 2020
You can Trademark a phrase & anyone/corporation that intends to use it for commercial purposes should get a synchronization license from the holder of the trademark
— THE PLAY & REWIND PODCAST (@theplaynrewind) October 11, 2020
When a phrase or word is trademarked it means only the holder of the trademark can use it for trade, but anyone else can use it for general purpose, but for trade only the holder of the trademark,
— THE PLAY & REWIND PODCAST (@theplaynrewind) October 11, 2020
The same way “zimenice” or “Mali safi iende chain chain” is associated with Chris kaiga
— THE PLAY & REWIND PODCAST (@theplaynrewind) October 11, 2020
Lazima wakulipe rastaa
— юаслз (@LateefMachi) October 11, 2020
Take them to court for a Payday my friend. Calling them out won’t balance the water in the glass.
— Stephen Lutta (@SirStephenLutta) October 11, 2020
He has the registered trademarks,,,
— Zed Boss Odoyo (@Zade_namba8) October 11, 2020
— Zed Boss Odoyo (@Zade_namba8) October 11, 2020
Whilst the song titled Mali Safi iende chain chain may be copyrighted, the copyright does not extend to the phrase “chain chain”. No infringement. pic.twitter.com/Y7llpERE7Z
— Lorem Ipsum (@AmLoremIpsum) October 11, 2020
They tried the same with nonini, he sued them till they had to compensate by making him the brand ambassador and even created an advert for him. This is an opportunity to make money.
— Hello africa (@Bryan_yobra_) October 11, 2020
Ambia beste yako @kahushtheartist ambie daddy,daddy ambie matiangi matiangi ambie uunye ,uunye ambie baba .baba aseme tutumie airtel.
— Topisia ole dikirr (@IsaacDikirr) October 11, 2020
Thus is pure disrespect to @chris_kaiga‘s coining of the term/brand chain chain….
— The Wolf Of Aberdares ?? (@montanabay39) October 11, 2020
Wamezoea kufanya hivi, I remember ya Nonini well
— Abdikarim Hussein (@AbdikarimHusse2) October 12, 2020
@chris_kaiga sue hawa wasee bana. Artists rights must be respected! @SafaricomPLC
— #Thakomishoning2 (@254boss) October 12, 2020
this company is capitalizing on weaknesses of IP Laws. sijui kwa nini they behave like this as if hawana pesa ya kulipa creative.
— julishwa (@julishwa) October 11, 2020
This has been happening for too long. Take up a lawyer. I know for sure they should pay you prior to utilizing your buzz if anything.
— shamanwagwan (@shamanwagwan) October 12, 2020
Do you have the registered TMs or © to those exact words/phrases? If so, do the certificates have any disclaimers that may work to your disadvantage? Claiming TM, ® or © infringement is not as straightforward as it looks in this particular context. https://t.co/7PJG9t73qd
— Joe Amisi (@amisij) October 11, 2020