Tropical Heat sues Jumbo Spices for allegedly 'confusing' customers

A food spices manufacturer has sued its rival over an alleged breach of copyright.

Tropical Heat Limited, in its case filed before the Commercial Court, claimed that Jumbo Spices Limited is advertising its products in a way that is likely to confuse its customers.

 Tropical Heat’s lawyer Lawrence Ng’ang’a told the court that the company manufactures Citric Acid, Mixed Spices, Coriander, Tea Masala, Paprika, Turmeric, White Pepper, Cumin and Ginger.

He said that Jumbo Spices launched a campaign in June this year: ‘ new look, same great taste’. According to him, the marketing move confuses its customers about which spices to buy.

"Unless immediately restrained, the defendant will continue distributing, marketing and selling the impugned products thereby increasing consumer confusion, eroding the Plaintiff's goodwill and diverting the Plaintiff's customers and sales,” argued Ng’ang’a.

 He said that his client has, since 2024 sold its spices in a distinct manner and sold its products under a distinctive and unique trade dress, get-up, packaging, colour scheme, layout and overall appearance.

According to the lawyer, Jumbo Spices also introduced to the market Citric acid, mixed spices, coriander, tea masala, paprika, turmeric, white pepper, cumin, and ginger, in packaging resembling that of Tropical Heat.

He said that before 2025, Jumbo’s competing products were different from his client’s. The lawyer, however, claimed that the new packaging has a similar dominant colour.

He further claimed that it has a similar brand name positioning, label arrangement, visual hierarchy, descriptive wording and alleged shelf appearance.

“The defendant's impugned packaging is calculated to, or is likely to, lead members of the public and trade to believe that the defendant's goods are the plaintiff's goods, are connected with the Plaintiff, are manufactured by the plaintiff, or are otherwise authorized, licensed or approved by the plaintiff,” claimed Ng’ang’a, adding that it was allegedly too hard to distinguish between Tropical Heat and Jumbo Spices products.

Ng’ang’a stated that his client had notified Jumbo Spices, demanding that it ought to stop allegedly passing its product as Tropical Heat’s.

However, the competition allegedly informed his client that they had equally launched their own products the same year.

“Despite the plaintiff's demand for the cessation of passing off the products as their own, the defendants have claimed that their remained in use of the said packaging since 2024, a fact which is not true. The plaintiff avers that sometime in August 2025, the Defendants completely changed the packaging of their products, announced and published advertisements promoting their products bearing a get-up that is entirely similar to the plaintiff's product get-up,” he continued.

Tropical Heat wants the court to block Jumbo Spices from manufacturing, packaging, marketing, advertising, and distributing the eight spices with similar packaging.

At the same time, it wants the court to compel Jumbo Spices to recall citric acid, mixed spices, coriander, tea masala, paprika, turmeric, white pepper, cumin, and ginger from the shelves.

“The plaintiff has invested substantial financial resources in promoting its products and ensuring that members of the public identify the Plaintiff's products by their distinctive packaging, presentation and overall appearance. As a result, the products have become exclusively associated with the Plaintiff in the minds of consumers,” he argued.