Renowned comedian Davis Mwabili Hezron, famous for his stage persona Inspekta Mwala, has moved to the High Court to sue beverage giant Coca-Cola and digital influencer Jacky Vike, better known as Awinja, over alleged trademark infringement. In a Notice of Motion filed under a certificate of urgency, Mwabili targets Coca-Cola’s regional branches alongside Vike, accusing them of misappropriating his brand identity.
The legal battle centers on the phrase “ka-mwala,” which features prominently in Coca-Cola’s current “Kachingching na Coke” promotional campaign. Mwabili is petitioning the court for an immediate injunction to stop the respondents from using the term in any advertising or promotional materials.
According to court filings, the veteran actor contends that “ka-mwala” bears a deceptive resemblance to his legally protected trademark, “Mwala.” He argues that the name has remained synonymous with his comedic brand since the 1990s and notes that he formally registered it in 2010. This identity, he maintains, took decades to build through hit television productions like Vitimbi and Inspekta Mwala.
“The respondents have, without authority, adopted and used a mark that is confusingly similar to the applicant’s registered trademark ‘Mwala,’” Mwabili states in his application. “This use is calculated to mislead the public into believing there is an association or endorsement where none exists.”
The dispute reportedly ignited after Vike published a promotional video in May 2024 across her social media channels. In the clip, the term “ka-mwala” describes a 200ml Coca-Cola glass bottle, a usage Mwabili claims is phonetically and conceptually identical to his own stage name. He insists the campaign risks confusing his audience, some of whom have already reached out to ask if he is officially involved in the promotion.
Beyond halting the campaign, Mwabili is seeking the removal of all infringing content from digital platforms and a full account of the profits the companies have generated from the advertisement. He argues that his decades of work on Kenyan radio and television, including stints at KBC and Citizen TV, have made his brand too distinct for such unauthorized commercial use.
The veteran actor is also calling on the court to issue additional orders that would provide a long-term shield for his intellectual property rights. Mwabili contends that without judicial intervention, the beverage giant and the influencer will continue to profit commercially from his hard-earned reputation, a process he believes will inevitably dilute and damage the unique identity of his brand.
He frames the situation as an urgent matter of brand protection, arguing that every day the campaign remains active, it erodes the distinctiveness he spent decades cultivating.
The “Kachingching na Coke” initiative represents a massive investment for the beverage company, featuring a staggering prize pool of KSh 163 million. Since its launch in May 2024, the campaign has leaned heavily into digital marketing and the star power of local celebrities. With Vike serving as one of the most recognizable faces of the promotion, the comedian argues that her use of his trademarked name significantly amplifies the reach of the infringement.
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