Nancie Mwai has engaged the services of Kenya’s top entertainment and IP lawyer Liz Lenjo-Kags in her pursuit to stop Instagram online stores infringing on her copyright.
She added, “The confusion arising from this situation affects her business and reputation. It also affects her sales because some are or may purchase from these stores thinking she has endorsed them as a celebrity fashion icon.”
The demand letter was sent to 13 stores in total that used her images to sell similar outfits.
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As the legal representatives on record for Ms.Nancie Mwai and her company New Level, we hereby issue a Caveat Emptor (Buyer Beware) Notice. There have been several Kenyan fashion houses that are using our Clients' images to sell their wares online. This has led to confusion as to whether our Client is affiliated or distributing apparel and accessories to these businesses. We hereby clarify that Our Clients are not in any way affiliated to any other Kenyan fashion businesses or shops and neither are they distributors. To buy original designs by New Look as designed by Ms. Mwai please do so through their legitimate pages @shopnewlevel and @nanciemwai . We have since issued the said brands with a cease and desist and take down notice to remove all of our clients' images and issue apologies to our clients. It is our hope that they shall comply to our demands. This is also a warning to all other brands that will be tempted to use our clients' images. Such actions constitute Copyright Infringement. Please note that in law, one can also be liable for a third party's conduct if they continue with the same conduct. Ignorance of the law is no defence.