Uganda Case Law

Afroludo Limited v Uganda Registration Services Bureau & Another

Afroludo Limited v Uganda Registration Services Bureau & Another (Civil Suit 262 of 2022) [2025] UGHCCD 18 (14 February 2025)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 262 of 2022

Judge

Musa Ssekaana, J

The court found that the 1st defendant's rejection of the plaintiff's trademark application was illegal, irrational, and unfair, as it relied on an imported and unreliable interpretation of the word 'Nyege' rather than its meaning in the local context where the festival is held. The 1st defendant failed to exercise its discretionary power fairly and consistently. The 2nd defendant's registration of the business name 'Nyege Nyege Music Festival' was found to be fraudulent and misleading, as it was done with knowledge of the plaintiff's established reputation and with the intent to cause confus…

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• Trademark Registration
• Business Name Registration
• Passing Off
• Registrar Discretion
• Public Policy And Morality

Habomugisha v Sewankambo

Habomugisha v Sewankambo (MISCELLANEOUS APPLICATION NO. 1116 of 2024) [2024] UGCommC 373 (20 November 2024)

Court

Commercial Court of Uganda

Case number

MISCELLANEOUS APPLICATION NO. 1116 of 2024

Judge

Tumusiime Rubagumya, J

The High Court dismissed an application to join Kangaroo Brands Ltd Kenya as a defendant, finding its presence was not necessary for resolving the trademark dispute.

• Joinder Of Parties
• Trademark Infringement
• Amendment Of Pleadings
• Passing Off
• Joinder-of-parties
• Trademark-infringement

Victoria Nile Plastics Limited v Li Yao Industry Limited

Victoria Nile Plastics Limited v Li Yao Industry Limited (Civil Suit 607 of 2021) [2024] UGCommC 264 (2 September 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 607 of 2021

Judge

Kahigi Asiimwe, J

The Plaintiff proved ownership of a registered industrial design for plastic basins and adduced evidence showing that the Defendant manufactured and sold basins substantially similar to the protected design, with only the manufacturer's name distinguishing them. The court found that the Defendant's basins would likely deceive an ordinary observer into believing they originated from the Plaintiff, thus constituting infringement under the Industrial Property Act. The Defendant failed to appear or provide evidence of registration or authorisation. Remedies were assessed based on statutory provis…

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• Industrial Design Infringement
• Passing Off
• Remedies For Infringement
• Damages Assessment
• Permanent Injunction

Sanlam General Assurance Uganda Limited v ICEA General Insurance Company (U) Limited (Trademark Application 55973 of 2016)

Sanlam General Assurance Uganda Limited v ICEA General Insurance Company (U) Limited (Trademark Application 55973 of 2016) [2024] UGRSB 17 (23 July 2024)

Court

Uganda Registration Services Bureau

Case number

Trademark Application 55973 of 2016

Judge

Muliisa Solomon - Senior Registration Officer

The Registrar of Companies lacks jurisdiction to determine complaints based on alleged trademark infringement or passing off arising from a company's registered name. The Companies Act does not empower the Registrar to adjudicate on matters governed by the Trademarks Act or common law torts such as passing off. The applicant's complaint, which seeks to bar the respondent from using the word 'LION' in its name on grounds of trademark infringement and likelihood of confusion, falls outside the statutory mandate of the Registrar. The appropriate forum for such claims is the High Court, which has…

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• Company Names
• Trademark Infringement
• Passing Off
• Registrar Jurisdiction

Global Center Limited v Price Costco International Inc.

Global Center Limited v Price Costco International Inc. (Miscellaneous Application 766 of 2023) [2024] UGCommC 81 (30 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 766 of 2023

Judge

Mutesi, J

The High Court held that pending trademark opposition did not bar a passing off suit, and dismissed the application to strike out the plaint.

• Trademark Registration
• Passing Off
• Jurisdictional Overlap
• Competence Of Affidavit
• Advocate Instructions
• Trademark-law

Kiggundu v Black Market Records Entertainment -SMC Limited & 2 Others

Kiggundu v Black Market Records Entertainment -SMC Limited & 2 Others (Miscellaneous Application 1985 of 2023) [2023] UGCommC 200 (25 October 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1985 of 2023

Judge

Mutesi, J

The High Court granted an interim order restraining the respondents from making copyright claims over the applicant’s songs pending determination of the injunction application.

• Copyright Infringement
• Interim Injunctions
• Music Rights
• Passing Off
• Copyright-infringement
• Interim-injunctions

Sanyu Africa Research Institute (SAFRI) NGO v Sanyu Africa Research Institute (SAFRI) Limited (Company Complaint 9524 of 2022)

Sanyu Africa Research Institute (SAFRI) NGO v Sanyu Africa Research Institute (SAFRI) Limited (Company Complaint 9524 of 2022) [2023] UGRSB 18 (5 July 2023)

Court

Uganda Registration Services Bureau

Case number

Company Complaint 9524 of 2022

Judge

Muliisa Solomon - Senior Registration Officer

The Registrar found that while the names Sanyu Africa Research Institute (SAfRI) NGO and Sanyu Africa Research Institute (SAfRI) Ltd are similar, the complainant is not a company registered under the Companies Act and does not appear on the company register. Under Section 40(2) of the Companies Act, only disputes between registered companies regarding similarity of names can be entertained by the Registrar. The complainant, being an NGO registered under the NGO Act and not the Companies Act, lacks locus standi to bring this complaint before the Registrar of Companies. Furthermore, allegations…

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• Company Name Disputes
• Passing Off
• Locus Standi
• Fraud And Bad Faith
• Jurisdiction Of Registrar

A-Plus Funeral Management Limited v A-Class Funeral Services (U) Limited and Another

A-Plus Funeral Management Limited v A-Class Funeral Services (U) Limited and Another (Civil Suit 355 of 2020) [2023] UGHCCD 186 (30 June 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 355 of 2020

Judge

Musa Ssekaana, J

The High Court held that A-Class Funeral Services (U) Ltd did not pass off as A-Plus Funeral Management Ltd and dismissed the suit, finding no misleading similarity.

• Company Name Registration
• Passing Off
• Business Goodwill
• Misrepresentation
• Corporate Identity
• Registration Negligence

Genza v Enterprenuer Financial Center (U) Limited

Genza v Enterprenuer Financial Center (U) Limited (Civil Suit 471 of 2021) [2023] UGCommC 177 (4 May 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 471 of 2021

Judge

Mutesi, J

The High Court dismissed a claim that a microfinance lender used the plaintiff’s image online to secure funding, finding no proven publication by the defendant.

• Image Rights
• Privacy Infringement
• Passing Off
• Breach Of Confidence
• Fraudulent Misrepresentation
• Image-rights

Uganda Batteries Limited v Nile Batteries Limited

Uganda Batteries Limited v Nile Batteries Limited (Civil Suit 917 of 2018) [2023] UGCommC 224 (13 March 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 917 of 2018

Judge

Anna B. Mugenyi, J

The High Court held that Uganda Batteries proved copyright in its warranty card wording but failed to prove infringement or trademark-based claims against Nile Batteries.

• Trademark Infringement
• Copyright Infringement
• Passing Off
• Goodwill
• Originality Of Literary Works
• Copyright-infringement