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Uganda Case Law

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Intellectual Property [2017] UGCommC 6

Colgate Palmolive Company Ltd v Sombe Supermarket Ltd

Colgate Palmolive Company Ltd v Sombe Supermarket Ltd (Civil Suit No. 689 of 2016) [2017] UGCommC 6 (10 February 2017)

The High Court found trademark infringement and passing off over toothbrushes sold as “Colage Double Action,” awarded damages, injunction, and destruction of goods.

  • Trademark Infringement
  • Passing Off
  • Damages Assessment
  • Exemplary Damages
  • Trade Mark Registration
  • Counterfeit Goods
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Intellectual Property [1933] EACJ 1

Arcadian Tobacco Co. Ltd v John Sinclair Ltd (C.A. 5/1932.)

Arcadian Tobacco Co. Ltd v John Sinclair Ltd (C.A. 5/1932.) [1933] EACJ 1 (1 January 1933)

The Court of Appeal for Eastern Africa allowed an appeal over registration of the “Tatler” trade mark, holding the Kenya market was the relevant test for deception.

  • Trade Mark Registration
  • Likelihood Of Deception
  • Distinctiveness Of Mark
  • Concurrent User
  • Burden Of Proof
  • Remedies For Wrongful Registration
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Intellectual Property [1929] EACA 60

In Re: of an Appliaction for Registration of a Trade Mark, No 24 of 1929 by the Firestone Tire and Rubber Co. of Ohio, U.S.A.; In Re: of the Registration of Trade Marks Ordinance Chapter 89 Revised Edition of he Laws of Kenya, Section 7, Subsection 5. (C.C. 184/1929 (Msa))

In Re: of an Appliaction for Registration of a Trade Mark, No 24 of 1929 by the Firestone Tire and Rubber Co. of Ohio, U.S.A.; In Re: of the Registration of Trade Marks Ordinance Chapter 89 Revised Edition of he Laws of Kenya, Section 7, Subsection 5. (C.C. 184/1929 (Msa)) [1929] EACA 60 (1 January 1929)

The court held that limited but growing use of “Gum-Dipped” in Kenya could support distinctiveness for trade mark registration in a young colony.

  • Trade Mark Registration
  • Distinctiveness Of Marks
  • User Requirement
  • Trade Mark Law Kenya
  • Trade-mark-registration
  • Trade-mark-distinctiveness
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.