Uganda Case Law

Modino Furniture Company Limited v Homeart Uganda Limited and Another (Consolidated Civil Suit 427 of 2020; Consolidated Civil Suit 724 of 2019)

Modino Furniture Company Limited v Homeart Uganda Limited and Another (Consolidated Civil Suit 427 of 2020; Consolidated Civil Suit 724 of 2019) [2024] UGCommC 325 (11 October 2024)

Court

Commercial Court of Uganda

Case number

Consolidated Civil Suit 427 of 2020 ; Consolidated Civil Suit 724 of 2019

Judge

Abinyo, J

The court held that Modino Furniture Company Limited is the lawful and registered proprietor of the DOGTAS trademark in Uganda, having complied with all statutory requirements for registration. The Defendants failed to object to the Plaintiff's registration or apply for local protection, and international registration does not confer automatic rights in Uganda. The Defendants' use of the DOGTAS mark without authorization from the registered owner constitutes trademark infringement under Ugandan law. The franchise agreement between the Defendants is inconsequential in the absence of local regi…

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• Trademark Registration
• Trademark Infringement
• International Trademark Protection
• Franchise Agreements
• Territorial Principle
• Remedies For 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

Intel Corporation v Intel Computers Ltd

Intel Corporation v Intel Computers Ltd (Civil Suit No. 821 of 2019) [2022] UGCommC 90 (9 August 2022)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 821 of 2019

Judge

Abinyo, J

The High Court dismissed Intel Corporation’s trademark infringement suit against Intel Computers Limited, finding no proven likelihood of confusion or infringement under the Trademarks Act.

• Trademark Infringement
• Company Name Disputes
• Likelihood Of Confusion
• Registration Requirements
• Remedies For Infringement
• Trademark-infringement

Kakoma and Another v Attorney General

Kakoma and Another v Attorney General (Civil Appeal 50 of 2011) [2019] UGCA 2099 (15 July 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 50 of 2011

Judge

Egonda-Ntende, JA, Musoke, JA, Obura, JA

The Court of Appeal held that the National Anthem composition was created under government direction, copyright vested in government, and later expired into the public domain.

• Copyright Ownership
• Government Commissioned Works
• Duration Of Copyright
• Public Domain
• Assignment Of Rights
• Remedies For Infringement

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)

Court

Commercial Court of Uganda

Case number

HCCS 3 of 2011

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…

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• Trademark Infringement
• Likelihood Of Confusion
• Registration Procedure
• Assignment Of Trademarks
• Remedies For Infringement

Atal v Kiruta t/a 97 Africa Arts & Crafts

Atal v Kiruta t/a 97 Africa Arts & Crafts (Civil Suit No. 967 of 2004) [2009] UGCommC 59 (11 December 2009)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 967 of 2004

The High Court held that Stella Atal owned copyright in original artistic works and that the defendant infringed two pieces. The counterclaim failed.

• Copyright Infringement
• Artistic Works
• Originality Requirement
• Remedies For Infringement
• Damages Assessment
• Copyright-infringement