order occasioned loss without justification. I noted that it was a risk that an applicant for an
interim order made ex parte would take and therefore such an applicant undertakes to indemnify
the respondent in case they lose the case. The second order sought was to suspend the release by
customs authorities of the infringing materials which could be under customs control pursuant to
section 86 of the Trademarks Act, 2010. Lastly to ensure that the applicant/plaintiff did not get
rid of the potential rival‘s property, the inspection and seizure of the infringing materials were
done with the participation of and in the presence of Inspectors of Trademarks appointed by the
Board under section 82 of the Trademarks Act 2010. Evidence by way of photos and video were
supposed to be taken during the exercise.
The plaintiff called two witnesses namely; PW1 the Inspector of Trademarks Mr. Jackson
Ronald Lutunda who participated in the exercise of inspecting the defendants premises for the
infringing goods and PW2 Mr. Edward Lubega the Customer Development Executive of the
Plaintiff for Uganda. The two issues considered are:
1. Whether the defendant has infringed the plaintiffs "Colgate double action" trademark by
offering for sale toothbrushes bearing the Mark‖ Colage double action"?
2. Whether the defendants act of offering for sale toothbrushes bearing the Mark "Colage
double action" constitutes passing off of the plaintiffs toothbrushes which bear the Mark
"Colgate double action"?
Whether the defendant has infringed the plaintiffs "Colgate double action" trademark by offering
for sale toothbrushes bearing the Mark‖ Colage double action"?
I have carefully considered the plaintiffs action together with evidence. The first issue deals with
the offering for sale of toothbrushes bearing the Mark "Colage Double Action".
The plaintiff is the registered owner of the trademark "DOUBLE ACTION" in part "A" of the
register in the name COLGATE-PALMOLIVE COMPANY in class 21 number 49593 as of
March 28, 2014 in respect of toothbrushes. The registration is for seven years from the date of
registration. The plaintiff is also registered in part "A" of the register in the names ColgatePalmolive company in class 21 and number 49594 as of March 28, 2014 in respect of
toothbrushes for the Mark "COLGATE DOUBLE ACTION" as of March 28, 2014. The
registration is for seven years and may be renewed.
On the other hand the defendant is a business dealing in the retail sale of commodities to
consumers.
PW1 Mr Jackson Ronald Lutunda is an employee of the Uganda registration services bureau as a
compliance and enforcement officer. On 2nd August, 2016 he was appointed as the Trademarks
Inspector under section 82 of the Trademarks Act 2010. Following the order of this court on 15th
Decision of Hon. Mr. Justice Christopher Madrama
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