Homeart (U) Ltd v Modino Furniture Co. Ltd (Miscellaneous Application No. 1212 of 2021) [2023] UGCommC 11 (11 January 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 1212 of 2021
Judge
Abinyo, J
The High Court dismissed an application to review an earlier disclosure order requiring inspection of the respondent’s books of account in a trademark dispute.
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…
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.
The Court of Appeal for Eastern Africa allowed a passing-off appeal over tobacco packaging that closely imitated an established get-up used by illiterate consumers.