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)
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…
Source excerpt
- Trade Mark Ownership
- Passing Off
- Partnership Dissolution
- Business Name Registration
- Damages For Infringement