Confidence Haugen has successfully set aside an Accra Fast Track High Court order on her to stop using the logo she is currently using to market her talk-of-town ‘Konfidence’ fashion designs, a high-class designer collection of shoes, bags and fashion accessories.
The High Court, presided over by Justice Cecilia H Sowah, yesterday Thursday June 6, agreed that it actually erred in the May 23 restraining order it placed on Confidence to stop using her ‘K’ and butterfly logo and should therefore close her shop with immediate effect.
The restraining order was granted after internationally recognized Africa/UK based fashion consultant, Makeba Boateng, had told the courts that the logo which was a ‘K’ and a butterfly was hers.
Makeba Boateng owns the internationally recognized Keba Clothing and insists her ‘K’ logo with the butterfly had been officially acknowledged by the Registrar General’s Department as being first-in-time to initiate the process to register the logo under Ghana’s trademark laws.
But at yesterday’s sitting, Counsel for Confidence, Bobby Banson of Minkah-Premo & Co, told the Courts that copyright and intellectual property cases are heard by a Commercial Court and not a Fast Track Court and therefore the Fast Track High Court would have erred in granting the May 23 interim restraining order.
Arts writer Ernest Dela Aglanu of myjoyonline reported Lawyer Bobby Banson had told him that “the Fast Track High Court does not have the jurisdiction” for cases involving intellectual property.
The court, after hearing the argument of the counsel for Confidence Haugen, ordered Counsel for Makeba Boateng, Gaisie Zwennes Hughes & Co, to re-file the case in the appropriate court which is the Commercial Court.
Impliedly, there is no current case standing against Confidence and she therefore has the freedom to open her shop and resume operations in full swing.
Confidence, aside owning the ‘Konfidence’ clothing line, is Chief Executive of Aphrodisiac Nite Club in Accra and Kumasi.