testified that the taxes levied on the goods imported upon the above-mentioned documents
including the toothbrushes were paid to URA by Moses Bbule as evidenced by the receipt
issued – Exhibit P12.
The above evidence shows that the importer and owner of the goods imported into the
country on the said documents was Moses Bbuule the Defendant. The evidence shows that
among the goods were 70 cartons of 48 dozens of toothbrush NICE brand.
Yusuf Bagonza testified that following a complaint by Nice House of Plastics Ltd the
Plaintiff, he was on 1st August 2005 involved in an exercise whereby goods involving
toothbrushes were impounded from Jumbo Accede adjacent to Buganda Bus Park while
being off-loaded. The goods were transferred and deposited at URA Nakawa Inland Port.
The goods were found in possession of a lady whom the witness later learnt from the
particulars filled on the Deposit Note as Harriet Nassali. The deposit slip was tendered as
exhibit P13 and describes the goods deposited as 70 cartons of tooth-brushes. The witness
clarified that the person named on the Deposit Note is the person from whom the goods are
impounded from, who could be or not be the owner.
In Ross T. Smyth & Co Limited v/s T.D Bailey, Sons & Co. [1940] 3 All ER 60 it was held
that the person named as the consignee in a bill of lading is deemed to be the owner of the
goods listed therein. In the instant case the Defendant Moses Bbuule is the consignee named
in the Bill of Lading and in all the other importation documents and the one who paid the
taxes for the goods which included the 70 cartons of toothbrushes of the NICE brand. Harriet
Nassali, from whom the toothbrush cartons were impounded, did not provide any evidence of
ownership. Therefore Moses Bbuule, the Defendant is deemed to be the importer and owner
of the toothbrushes and product get – up which infringed the Plaintiff‟s trademarks.
Section 6 of the Trademarks Act provides, subject to sections 9 and 10 thereof, that in cases
of a registered trademark, the registered proprietor is the person with the exclusive right to
use the trademark in relation to the goods in or respect of which it is registered. Such right in
the trademark deemed to be infringed by a person who not being proprietor of the trademark
or a licence or registered user uses a mark which is identical or a mark which so nearly
resembles the registered trademark as to be likely to cause confusion in the course of trade in
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