obtained from URA was tendered as Exhibit P8. The witness pointed out to Court the
similarities and differences on the various items exhibited above.
I have carefully studied the two sets of exhibits, that is the samples of the Plaintiff‟s product
and packaging and the sample of the toothbrush and packing obtained from URA I have
found striking similarities in the two sets. The samples from URA had marks which are
identical or very similar to the Plaintiff‟s registered trademarks namely “NICE” and “NICE
TOOTHBRUSH”. The trademarks had been used in relation to goods which are identical or
similar namely “NICE” for packets of toothbrushes and NICE TOOTH BRUSH” for
toothbrushes. Such usage of marks and on goods similar to the Plaintiff‟s registered
trademarks and goods amounted to infringement of the Plaintiff‟s said trademarks.
As to the identity of the infringing party the Plaintiff adduced the evidence of two officials
from URA, namely Patrick Shono Okello, the Acting Manager Enforcement Division of
URA and Yusuf Bagonza also from the Enforcement Division of URA. Okello testified that
he was in possession of the official URA documents, namely Commercial Invoice, Bill of
lading, Road Custom Transit Declaration Form (C-63), Bills of Entry and Payment Receipt.
The said documents were tendered and marked exhibits P8, P9, P10, P11 and P12
respectively. The witness testified that items 10 and 11 of the Commercial Invoice (Exhibit
P8) indicated that 70 cartons of 48 dozens per carton, and 15 cartons of 100 dozen per carton
of toothbrushes were bought from the U.A.E and imported into Uganda by Moses Bbuule.
The witness clarified that the connection between the Commercial Invoice (Exhibit P8) and
the Bills of Lading (Exhibit P9) was the name of the consignee or importer who was Moses
Bbuule.
Okello informed court that information regarding a consignment as obtained from the
Commercial Invoice and the Bill of Lading is filled into the Transit Declaration Form C-63
(Exhibit P10). The witness testified that the above documents show that 85 cartons of
toothbrushes were imported into Uganda through Malaba from the United Arab Emirates by
Moses Bbuule. The documents were showing Mbale, Uganda as the last destination. That
for proposes of payment of taxes a customs bill of entry (exhibit P11) was prepared which
also named Moses Bbuule as consignee. Among the items verified were 70 cartons of 48
dozens of toothbrush Nice Brand, 5 Cartons of 100 dozens of toothbrush small size- Kids
Corona and 10 cartons of 100 dozens of Toothbrush Big size Corona. The witness further
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