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)
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…
Source excerpt
- Trade Mark Infringement
- Passing Off
- Good Will And Reputation
- Damages For Infringement