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Stop-using-my-work letter template (Kenya)

Also called: Cease & Desist Letter (IP)

What it is for

Telling someone to stop copying your brand, design or content.

The Kenyan law it follows

  • Trade Marks Act Cap 506 — s.5 (no infringement action on an unregistered mark; passing off preserved), s.7 (right given by registration)
  • Copyright Act Cap 130 — s.35 (infringement)
  • Industrial Property Act Cap 509 — ss.55, 105 (enforcement and infringement)
  • Common-law passing-off

Who prepares it

You can prepare this yourself. It is still wise to have an advocate read it before you sign, especially where a lot of money or a long commitment is involved.

Fill this in with your own details

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Sample stop-using-my-work letter

The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.

7 October 2026 Kenchiken Poultry Traders P.O. Box 30467-00100, Nairobi Dear Sir/Madam, RE: PASSING OFF OF THE KENCHIC GET-UP — DEMAND TO CEASE AND DESIST We act for Kenchic Farms Limited. Our client has, since 1988, used in Kenya the red-and-yellow get-up of its "Kenchic" packaging, in which it enjoys substantial goodwill. That goodwill is an unregistered right, and it is protected at common law against passing off; no reliance is placed on any registered trade mark. Our client's goodwill in that get-up is being misappropriated. Since June 2026, Kenchiken Poultry Traders has been selling frozen chicken in red-and-yellow packaging under the name "Kenchiken" at outlets in Githurai and Kasarani. The name and the get-up are so closely similar to our client's that members of the public are likely to be deceived into believing that the goods offered by Kenchiken Poultry Traders are our client's goods or are connected with or endorsed by our client.

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This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.