Tuskys (U) Ltd v Tusker Mattresses (HCCS 3 of 2011)
Tuskys (U) Ltd v Tusker Mattresses (HCCS 3 of 2011) [2015] UGCommC 91 (8 July 2015)
The court found that the plaintiff and defendant each registered their respective trademarks in different classes—plaintiff in class 18 (arts and crafts), defendant in class 16 (supermarket goods). The defendant’s registered mark, 'Time To Go TUSKYS Your Friendly Supermarket,' is sufficiently distinct from the plaintiff’s 'TUSKYS' mark when used in full, and the goods and marketing channels are different. The court held that the use of 'TUSKYS' alone by the defendant prior to the court order could have constituted infringement, but there was no credible evidence of actual confusion or decepti…
Source excerpt
- Trademark Infringement
- Likelihood Of Confusion
- Registration Procedure
- Assignment Of Trademarks
- Remedies For Infringement