THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL COURT DIVISION)
HCT-00-CC-CS-0430-2006
NANOOMAL ISSARDAS MOTIWALLA
(U) LTD
:::::::::::::::::::::::::::::::::::
PLAINTIFF
VERSUS
1. SOPHY NANTONGO
2. AFRICAN QUEEN LTD
3. UGANDA REVENUE AUTHORITY
4. UGANDA NATIONAL BUREAU OF STANDANDS
:::::::::::::::::::::::::: DEFENDANTS
BEFORE: THE HONOURABLE MR. JUSTICE YOROKAMU BAMWINE
J U D G M E N T:
The plaintiff is a limited liability company incorporated and carrying on business in Uganda. The
1st defendant is an adult Ugandan business woman running the 2nd defendant. The 3rd and 4th
defendants are nominal defendants in this suit.
The plaintiff’s claim against the 1st and 2nd defendants arises out of actions said to amount to
infringement of the plaintiff’s trade mark and passing off of the said two defendants’ goods as
goods of the plaintiff. The thrust of the plaintiff’s case is that the defendants (1st and 2nd) are
importing, selling and disposing of in Uganda hair dye bearing its registered trade mark ‘KANTA’.
The defendants deny it.
In matters of intellectual property, a trademark is a word, phrase, symbol, product feature or any
combination of these that distinguishes in commerce the goods or services of its owner from those
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