A BLACK-owned business is set to take on food delivery company Ocado at the High Court, after “unfair” copyright infringement claims.

Dr Robert James Kalibala founded a food import business called Orgacado Ltd in February 2018, which specialises in growing and importing organic large soft-skin Avocados from parts of Africa into the United Kingdom.

According to Dr Kalibala, a tribunal held last month, found there is a possibility customers could “get confused by the two brands” because the logos and colours are too similar.

His trademark application for his business is on hold after Ocado opposed his application in 2022.

Dr Kalibala strongly disagrees with the ruling and says his business is completely different and now vows to appeal the decision and take his fight to the High Court.

Speaking exclusively to The Voice, he said:  “I’m Orgacado, they are Ocado, those are two different things, there are many letters that are different.”

Both companies use the colour green in their logo, but Dr Kalibala says his shade is different and his logo includes an image of large avocado – which represents his key product.

The entrepreneur, who is originally from Uganda, in east Africa, said the idea for his business came about while he was studying for his PhD in Medical Sciences and discovered there are plans to have more “seedless” and genetically modified organisms (GMO) grown in Africa.

Dr Kalibala claims he is blocked from registering his trademark and says he will not be “bullied” by the food delivery company.

He said: “They are using the financial muscle they have to victimise everyone.”

“The market is big enough for everyone, these are big guys so they think they can bulldoze everyone”

“To me that is not fair, the work I do is completely different.

“We have a different niche market, we have different products we are selling and our customers are completely different.”

Dr Kalibala told The Voice, the food delivery company offered to “spray my vans with different colours” as a way to get him to change his branding.

But he refused the offer and ended up at a tribunal hearing in September.

He said: “I was representing myself and they had barristers, a proper counsel representing them, they were using terms that I couldn’t understand.”

Dr Kalibala claims at the hearing all of his evidence was “opposed” and he was “just listening to them” and wasn’t given sufficient time to present his argument.

The businessman told The Voice, he has launched a GoFundMe to raise funds to pay for his legal fees to take further action.

“For the High Court, I would like to get proper legal representation,” he said.

“I need to have enough money to pay the legal fees to have legal representation of someone who understands the ins and outs of trademarks and IP law.”

Earlier this year, Dr Kalibala told The Voice,  his business name means “organic Avocado” or “big Avocado” in Uganda and has nothing to do with the delivery company Ocado.

He described his legal battle as “David Vs Goliath” and said he is determined fight for his business and what it stands for.

He said his purpose is to provide employment to hundreds of African farmers, improve the overall health of the black British community and save the big avocado seeds from “extinction.”

Dr Kalibala is adamant he will lodge his appeal at the High Court next month.

The Voice, has contacted Ocado for comment.