THE REPUBLIC OF UGANDA,
IN THE HIGH COURT OF UGANDA AT KAMPALA,
(COMMERCIAL DIVISION)
MISCELLANEOUS APPLICATION NO 256 OF 2004
(ARISING FROM CIVIL SUIT NO. 176 OF 2011)
INTERCONSUMMER PRODUCTS LTD} .............................................. PLAINTIFF
VERSUS
NICE AND SOFT INVESTMENTS (2003) LTD} ................................ DEFENDANT
BEFORE HON. MR. JUSTICE CHRISTOPHER MADRAMA
RULING
The applicant‟s application is for a temporary injunction to restrain the respondent, its servants
and/or agents and/or distributors from manufacturing, selling or exposing for sale or in any way
dealing in cosmetics using the names "Nice & Soft" and for costs of the application.
The grounds of the application are that:
1. The applicant has been trading in cosmetics known as “Nice & Lovely” since 2003 and
has acquired a substantial reputation.
2. The respondents without any form of authority are selling cosmetics goods in Uganda
under the mark “Nice & Soft” and have attempted to register a trademark under the said
names to the detriment of the applicant.
3. The respondent‟s conduct if not restrained will cause irreparable loss to the applicant‟s
trademark for damage alone cannot atone if an interim order is not issued.
4. The applicant‟s trademark is in danger of being wasted and irreparably damaged by
virtue of such use by the respondent who is selling inferior goods similar to those of the
applicant.
5. That is in the interest of justice that this application be granted.
The application is supported by the affidavit of Esther Kilonzi sworn on April 27, 2011. The
application was lodged in court on the 18th of May 2011 and is further supported by a
supplementary affidavit of Charles Njenga, the Company Secretary of the Applicant and sworn