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THE REPUBLIC OF UGANDA
IN THE COMMERCIAL COURT OF UGANDA AT KAMPALA
(COMMERCIAL COURT DIVISION)
CIVIL SUIT NO. 102 & 271 OF 2013 (CONSOLIDATED)
MUSE AF ENTERPRISES CO. LTD ……………………………..PLAINTIFF
VERSUS
1. BILLEN GENERAL TRADING LIMITED
2. LINYI HUATAI BATTERY CO., LTD
3. LINYI HUATAI BATTERY
MANUFUCTURE CO.LTD …………………………....DEFENDANTS
BEFORE HON. LADY JUSTICE HELLEN OBURA
JUDGMENT
The plaintiff company being the registered owner of trademark No. 29015 (PANASUPER) in
class 9 sued the 1st defendant company, the agent of the 2nd defendant who claims to be the
registered owner of the PANASUPER trademark in China for trademark infringement and
passing off. The suit was filed on 4th March 2013 as H.C.C.S. No. 102 of 2013. Subsequently, on
29th May 2013 the 3rd defendant also instituted a suit against the plaintiff for fraudulent
registration of the PANASUPER trademark vide H.C.C.S. No. 271 of 2013. When the parties
first appeared before this court on 8th November 2013 they prayed for consolidation of the two
suits because the issues for determination were the same. Court granted the prayer and the
plaintiff in HCCS No. 102 of 2013 was maintained as the plaintiff in the consolidated suits and
the 2nd defendant was added as a necessary party for this court to conclusively and effectually
resolve the dispute between the parties. The pleadings were amended accordingly to reflect the
parties as agreed.
At the scheduling conference the following issues were framed and agreed upon by the parties;
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