Q&A – 25 May 2015

Launching of hamburger joint

I am a very good chef and intending to launch a brand of hamburgers in Tanzania that will be better than McDonalds. I want to use the word McDonals (not McDonalds). Some people warn me that this can become an issue. I wonder why? I am in my motherland Tanzania and don’t believe anyone can just come and “touch me.” I will have protection from my people will I not?
VE, Dar

McDonalds is a trademark registered around the world, Tanzania inclusive. Your name McDonals removes just the “d” and is quite confusing. Infact it is so confusing that people might think that they are eating at the original McDonalds restaurant, and our trademark laws will protect the McDonalds trademark.

In effect because of the similarity you will be infringing McDonalds trademark and just because you are in your motherland does not mean that you can break the law. It is not about “touching” you but it is about a principle of trademark law. Infact, some of these companies are so serious about their trademarks, that they can go to any extent to ensure compliance.

Reading the above, please be assured that it is not the people who will protect you, but the law. And in this instance, very likely the law is not on your side.

Gave evidence, now fired

I went to Court to give some evidence. I said exactly what I knew as my boss did not properly brief me on the issues. This ended up getting the boss an imprisonment or fine sentence, and he obviously paid the fine. Two weeks later, I was suspended from work because my testimony was against the boss. Is there no law that protects me? I was not intending to hurt my boss but the way questions were put to me by the public prosecutor, I really could not lie without making it obvious. What are my rights?
WE, Dodoma

You are suspended meaning that you are still being paid a salary. If you have been terminated, then we believe that the employer must have a reason and must follow the right procedure. If either is not followed, then an employee is entitled to get a salary of minimum 12 months.

We have also interestingly come across a provision in the Penal Code that makes such suspension a contempt of court and your boss can be sentenced to prison for this. Section 114(g) of the Penal Code states that any person who dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding is guilty of a misdemeanour, and is liable to imprisonment for six months or to a fine not exceeding five hundred shillings.

Removed from exit seat

I had specifically booked an air ticket and requested for the emergency exit seat as it is more spacious and would have allowed me to sleep well since it was a night flight. I was comfortably sitting there when the air hostess came and asked me if I had any problems in my body. I told her that I had a back problem. She also started to speak to me in Kiswahili and since I am an expatriate I politely told her that I did not speak Kiswahili. To my surprise I was asked to leave the emergency exit seat and they replaced me with a fat man. Is this fair?
GI, Dar

The Civil Aviation (Air operator certification and administration regulations) 2011 which are made under the Civil Aviation Act govern this. Specifically regulation 44 states that

(1) An air operator certificate (AOC) holder shall carry on each passenger-carrying aircraft, in convenient locations for the use of each passenger, printed briefing cards supplementing the oral briefing and containing- (a) diagrams and methods of operating the emergency exits; (b) other instructions necessary for use of the emergency equipment; and (c) information regarding the restrictions and requirements associated with sitting in an exit seat row.

(2) An AOC holder shall ensure that each card contains information that is pertinent only to the type and variant of aircraft used for that flight.

(3) An AOC holder shall, at each exit seat, provide passenger information cards that include the following information in English and Kiswahili languages- (a) functions required of a passenger in the event of an emergency in which a crew member is not available to assist- (i) locate the emergency exit; (ii) recognise the emergency exit opening mechanism; (iii) comprehend the instructions for operating the emergency exit; (iv) operate the emergency exit; (v) assess whether opening the emergency exit will increase the hazards to which passengers may be exposed; (vi) follow oral directions and hand signals given by a crew member; (vii) stow or secure the emergency exit door so that it will not impede use of the exit; (viii) assess the condition of an escape slide, activate the slide, and stabilise the slide after deployment to assist others in getting off the slide; (ix) pass expeditiously through the emergency exit; and (x) assess, select, and follow a safe path away from the emergency exit; (b) a requirement that a passenger identify themselves to allow reseating if that passenger- (i) cannot perform the emergency functions stated in the information card; (ii) has a condition that will prevent that;(iii) passenger from performing the functions; (iv) may suffer bodily harm as the result of performing one or more of those functions; (v) does not wish to perform those functions; or (vi) lacks the ability to read, speak, or understand the language or the graphic form in which instructions are provided by the AOC holder; (vii) a statement that whenever a crew member identifies a passenger who does not meet the requirements specified in paragraph (b) above, the crew member shall reseat the passenger.

If you read the above, it is evident that with a back injury and not being able to speak Kiswahili, you may not qualify to sit in the emergency exit row. The fat man, depending of course on how fat is fat, might also not qualify to sit there.