Uganda Case Law

Akech v Brookside Limited & 2 Others

Akech v Brookside Limited & 2 Others (Civil Suit 1065 of 2022) [2024] UGCommC 69 (22 April 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 1065 of 2022

Judge

Kahigi Asiimwe, J

The court found that the plaintiff's demonstration video and documented proposal were original works reduced to material form and thus eligible for copyright protection under Ugandan law. The plaintiff was the author of these works, and the defendants, without her consent, shared them with third parties and permitted their reproduction, constituting copyright infringement. The court applied the substantial similarity test and determined that the campaign run by the third party was substantially similar to the plaintiff's protected works, and that the defendants had access and opportunity to c…

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• Copyright Infringement
• Originality Test
• Substantial Similarity
• Damages For Infringement
• Injunctive Relief

Vision Impex Limited v Sansa Ambrose & Anor

Vision Impex Limited v Sansa Ambrose & Anor (Civil Suit No. 303 of 2013) [2017] UGCommC 159 (6 June 2017)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 303 of 2013

The Plaintiff is the registered proprietor of Trade Mark Nos. 25799 and 30455 for ABC "Feathers" Sanitary Pads, conferring exclusive rights to use the mark. The Defendants imported and attempted to sell sanitary pads under the name "featlhers," with packaging, design, and branding so similar to the Plaintiff's as to be likely to cause confusion among consumers. The only notable difference was a minor spelling variation and a slightly different catchphrase, but the overall visual, conceptual, and phonetic similarities were substantial. The court found that the Defendants' actions constituted i…

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• Trademark Infringement
• Passing Off
• Damages For Infringement
• Permanent Injunction

Kagoma Brand Tea Packers Limited v Lutaya

Kagoma Brand Tea Packers Limited v Lutaya (Civil Suit No. 20 of 1998) [2012] UGHC 424 (11 December 2012)

Court

High Court of Uganda

Case number

Civil Suit No. 20 of 1998

Judge

Mwondha, J

The court found that the trade mark 'Kagoma Brand Tea Packers' was partnership property and neither the plaintiff company nor the defendant had exclusive rights to its use after the partnership was dissolved. Section 59 of the Trade Marks Act prohibits independent use of a jointly registered trade mark after dissolution. The plaintiff company, not being a partner in the original firm, had no claim to the trade mark and its continued use constituted passing off and infringement. The defendant suffered loss of business and reputation due to the plaintiff's actions, including misleading public a…

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• Trade Mark Ownership
• Passing Off
• Partnership Dissolution
• Business Name Registration
• Damages For Infringement

Stella Atal v Ann Abels Kirata (High Court Civil Suit No. 967 of 2004)

Stella Atal v Ann Abels Kirata (High Court Civil Suit No. 967 of 2004) [2009] UGCommC 159 (11 December 2009)

Court

Commercial Court of Uganda

Case number

High Court Civil Suit No. 967 of 2004

The court found that the plaintiff was the author of certain original artistic works, having demonstrated sufficient effort and originality in their creation, and thus entitled to copyright protection under Ugandan law. The court held that copyright subsists in the expression of ideas, not the ideas themselves, and that only the specific expression of the plaintiff's works was protected. Upon comparing the plaintiff's and defendant's works, the court determined that only two pieces were substantially similar in both idea and expression, amounting to infringement. The defendant's counterclaim…

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• Copyright Infringement
• Artistic Works
• Originality Requirement
• Damages For Infringement
• Injunctive Relief

Anglo Fabrics (Bolton) Ltd and Anor v African Queen Ltd and Anor (HCT-00-CC-CS 632 of 2006)

Anglo Fabrics (Bolton) Ltd and Anor v African Queen Ltd and Anor (HCT-00-CC-CS 632 of 2006) [2008] UGCommC 15 (21 February 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 632 of 2006

The High Court found trademark infringement and passing off over Mekako soap, upheld the plaintiffs’ standing, and granted injunctions, delivery up, damages, and costs.

• Trademark Infringement
• Passing Off
• Registration Of Trademarks
• International Trademark Rights
• Damages For Infringement
• Trademark-infringement

Nanoomal Isaardas Motiwalla (U) Ltd v Sophy Nantongo & Ors (HCT-00-CC-CS 430 of 2006)

Nanoomal Isaardas Motiwalla (U) Ltd v Sophy Nantongo & Ors (HCT-00-CC-CS 430 of 2006) [2007] UGCommC 64 (21 June 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 430 of 2006

The court found that the get-up of the defendants' product was substantially the same as the plaintiff's, likely to cause confusion among consumers. The plaintiff's product had been on the Ugandan market prior to the defendants', and had acquired substantial goodwill and reputation, as evidenced by an unchallenged market survey. The defendants' actions constituted passing off and trademark infringement, as they misrepresented their goods as those of the plaintiff, causing actual damage to the plaintiff's business. The court held that the plaintiff was entitled to a permanent injunction, deliv…

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• Trade Mark Infringement
• Passing Off
• Good Will And Reputation
• Damages For Infringement

Nice House of Plastics v Hamidu Lubega (HCT-00-CC-CS 695 of 2006)

Nice House of Plastics v Hamidu Lubega (HCT-00-CC-CS 695 of 2006) [2007] UGCommC 58 (31 May 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 695 of 2006

The High Court of Uganda found that importing toothbrushes bearing the plaintiff’s registered marks “NICE” and “NICE TOOTH BRUSH” infringed trademark rights, but the passing off claim failed.

• Trade Mark Infringement
• Passing Off
• Likelihood Of Confusion
• Damages For Infringement
• Trade-mark-infringement
• Passing-off

East African Standard Ltd v Coast Guardian Ltd

East African Standard Ltd v Coast Guardian Ltd (Civil Case No. 115 of 1934.) [1934] EACA 21 (1 January 1934)

Court

East African Court of Appeal

Case number

Civil Case No. 115 of 1934.

Judge

Gamble. Ag. J. (Kenya)

The court held that Mr. Kinnear's précis of the Kenya Land Commission Report was an original literary work produced by independent labour and skill, and thus protected by copyright under the Copyright Act, 1911. The copyright vested in the East African Standard, Ltd. as Mr. Kinnear prepared the précis in the course of his employment. The Coast Guardian's publication of verbatim extracts from the précis constituted infringement of the plaintiff's copyright. There was no evidence of assignment of copyright to the Mombasa Times, and any such assignment would require written documentation. The de…

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• Copyright Infringement
• Assignment Of Copyright
• Literary Works
• Damages For Infringement
• Costs Award