MABIBO Beer Wine and Spirit Limited has launched a special operation in Dar es Salaam to identify locations and book all businessmen selling smuggled Windhoek Premium Lager Beer which do not contain unique company’s marks, notably the extraordinary MB66 mark.
The beer brand for the company indicates, in addition with MB66 Mark, that Mabibo Beer Wine and Spirit Limited is the sole distributor of Windhoek, which is brewed by Namibia Breweries Limited (NBL) in Tanzania.
“This time around no one will be spared. We have been so lenient in the past and those who are thinking that we are joking they feel it hot,” the company’s legal advisor and security, Advocate Stephano Kamala, told the ‘Sunday News’.
The company plans to take serious measures against those who will be found in possession of Windhoek not bearing the said company’s marks.
Mr Kamala reiterated the company’s call that all people in possession of the beer brands while knowing that they obtained from unscrupulous people without having MB66 mark, should forthwith surrender them to the nearest police station or to Mabibo’s offices and would be given genuine products.
He pointed out that the crackdown operation will go in juxtaposition of taking the culprits to court where they would be criminally held responsible upon failure to adhere to police slogan of respecting the law without being forced.
Already two people have been named and arraigned at the Kisutu Resident Magistrate’s Court for allegedly infringement of exclusive rights of Mabibo Beer Wine and Spirit Limited (Mabibo), by trading several cartons of the beer brand valued at over 107m/-.
They are Ambere Mwaseba (38) and Sebastian Kavishe (45), who are charged with infringement of exclusive rights, contrary to Section 31 and 32 (1) (a) (ii) and (b) and 9 of Trade and Service Trade Marks Act. He said that under Registered User Agreement registered in Tanzania under Trade and Service Mark Act, Mabibo Beer Wine and Spirit Limited is the sole importer and distributor of the beer brand in the country and such right was confirmed by Kinondoni District Court in 2010.
In the decree issued by Resident Magistrate Sudi Fimbo on October 15, 2010, the court declared, among others, that nobody is allowed to sell in Tanzania market Windhoek beer, which does not bear code number MB66, except where specific written consent of Mabibo has been sought and obtained.
“It is ordered that the defendant, its owners, agents, directors, servants and other unknown persons who are directly or indirectly related to the defendant, be permanently restrained from importing Windhoek Premium Large beer where they have not formally applied and obtained written consent of Mabibo.”
The court warned that failure or refusal by the defendant, its owners, agents, directors, servants and other unknown persons who are directly or indirectly related to the defendant or any other persons, to comply with the prohibition orders shall amount to contempt of the orders of this court.
In July, this year at a press conference, the International Independent Consultant with Mabibo, Mr James Rugemalira, named Land Mark Hotel as among involving in smuggling of Windhoek Premium Lager Beer in the country.
He claimed that on May 8, this year, the police from special zone in Dar es Salaam inspected the hotel premises at Ubungo area and found some bottles of Windhoek Premium Lager Beer which do not bear Code Number MB66, that is imported by Mabibo.
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