Atwoli Trademarks 'Alaa', Sets Fines for Kenyans & DJs Using Viral Phrase

COTU Secretary General Francis Atwoli During a past event
COTU Secretary General Francis Atwoli During a past event
File

Using the famous "alaa, alaa,alaa' phrase linked to Central Trade Union Organization (COTU) Secretary General Francis Atwoli risks landing you in court.

Atwoli secured a patent right, establishing him as the exclusive owner of the phrase.

A statement from the Kenya Intellectual Property Insitute (KIPI) seen by Kenyans.co.ke indicated that Atwoli has the exclusive right to the now famous phrase until 2031.

KIPI, the body mandated to regulate intellectual property rights, approved Atwoli's application dating 2021. 

COTU secretary general, Francis Atwoli on April 12, 2022.
COTU secretary general, Francis Atwoli on April 12, 2022.
Courtesy Francis Atwoli

Sources close to the COTU SG confirmed to the Saturday Nation that anyone intending to use the phrase for commercial purposes would be required to obtain permission first. 

"Any advert cannot use the word ‘alaa!’ unless they get his permission,” Atwoli's close aide disclosed to the Nation. 

The phrase, commonly used by disk jockeys in their mixes, will henceforth be considered an exclusive property of Atwoli. 

Atwoli first uttered the popular phrase during an interview with Citizen TV's Jeff Koinange on the JKL show in May 2021. Later, in December 2021, the trade unionist declared his intention to pursue exclusive rights for the phrase.

When asked about the decision and motive, Atwoli noted that his lawyers had advised him to patent the phrase. He noted that he would use the phrases in various products, including a clothesline and sportswear products.

In his application, Atwoli argued that the phrase was a slogan attributed to him in the public domain. He stated that 'alaa' could not be translated into English. 

He further asked anyone who objected to his application to contest at the intellectual property regulator.

According to the Intellectual Property Act, a patent owner has the right to obtain an injunction to restrain the performance or the likely performance, by any person without authorization. 

The Act accords a patent holder the right to claim damages from anyone who uses copyrighted work without the owner’s authorization. 

Cotu boss Francis Atwoli speaking at an Azimio rally in Mulwanda, Khwisero on June 29, 2022.
Cotu boss Francis Atwoli speaking at an Azimio rally in Mulwanda, Khwisero on June 29, 2022.
Courtesy Francis Atwoli