THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL COURT DIVISION)
HCT-00-CC-CS-0602 OF 2005
NICE HOUSE OF PLASTIC LTD……………………..PLAINTIFF
VERSUS
MOSES BUULE……………………..………………….. DEFENDANT
BEFORE: HON. MR. JUSTICE LAMECK N. MUKASA
JUDGMENT:
The Plaintiff‟s claim against the Defendant in this suit arose out of alleged actions of
infringement of the Plaintiff‟s trademark and passing – off of the Defendant‟s goods as goods
of the Plaintiff and was seeking for permanent injunction restraining the Defendant from any
further acts of infringement of its trademark and passing – off of the Defendant‟s goods as
goods of the Plaintiff, an order for delivery up to the Plaintiff of all infringing tooth brushes
and other materials relating to the Plaintiff‟s trademarks and get – up, an account of profits,
general, exemplary and aggravated damages for infringement and costs.
Briefly the Plaintiff‟s case is that it is the registered owner of the trademarks namely “NICE”
when used together with the shape and design of a tooth brush, and “NICE TOOTH BRUSH”
for use in relation to the packets of its tooth brushes and toothbrushes respectively and has in
the course of its ordinary business packaged and marketed its products using a particular getup that is now associated with its products.
The Plaintiff, Ms nice house of Plastics Ltd, claimed that the Defendant, Moses Bbuule, had
imported into Uganda for sale and disposition several cartons of toothbrushes bearing the
word or mark “NICE”. The packaging of each individual toothbrush bears the mark „NICE
TOOTHRUSH‟ and the packet for each dozen of toothbrushes also bears the words/mark
„NICE‟ together with the shape and design of a toothbrush and „NICE TOOTHRUSH‟.
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