Respondent in the manner mentioned herein amounts to an infringement of the
Applicant's trademark, irrespective of the agency arrangements between the Respondent
and other third parties. On 22nd July, 2016 the Respondent gazetted their fraudulent
application for registration of the mark PURPLE MOON. The Applicant opposed the
Respondent's application on the ground that the mark does not meet the distinctiveness
requisite for registration under Part A of the registry of trademarks and is intended to
deceive and confuse the general market of the Applicant. The Applicant applied for
registration of the trademark before the Respondent did so as seen in the Uganda
Gazette of 22nd July, 2016 attached herein.
The Respondent further filed a supplementary affidavit dated 7 th February, 2017 in which
he averred that he contacted Linyi Grene Industry & Trading Co. Limited who responded
on 16th January, 2017 clarifying that they are neither the manufacturers nor the suppliers of
the Applicant‟s blankets.
The Respondent deposed to a supplementary affidavit 2 on 1 st March, 2017 in reply to the
Applicant‟s affidavit in rejoinder as follows;
Despite the Applicant being registered as the owner of the trademark in Uganda, they did
not follow the laid procedures of the law as required which include gazetting before grant
of the trademark. He averred that he contacted Linyi Grene Industry & Trading Co.
Limited and in their response on the 16 th day of January, 2017 it was clarified that they
are neither the manufacturers nor the suppliers of the Applicant PURPLE MOON (U)
LIMITED's blankets. He averred that he is informed by his lawyers that upon acquiring
certificates of translation from Makerere University, the owner of the trade mark in
question is LUOYANG CITY GUANLlNLlDE BLANKET FACTORY and neither
Linyi Grene Industry & Trading Co. Limited nor PURPLE MOON TRADING· LLC of
Shouq AI Kabeer Street, Deira Dubai, UAE as alleged by the Applicant. The Applicant
cannot seek protection from infringement of a mark that is neither theirs nor having
authority from the owner of the mark to register or use the same. He averred that it is not
true that they are still selling the goods even with the existence of the interim order as
they have actually stored all the blankets bearing the mark of PURPLE MOON in our stores
until the final conclusion of this matter. The registered mark for PURPLE MOON
TRADING LLC of Shouq AI Kabeer Street, Deira Dubai, UAE is Z MOON PURPLE
MOON contrary to what the Applicants attach as their registered mark which is Z MOON
which belongs to LUOYANG CITY GUANLlNLlDE BLANKET FACTORY not LINYI
GRENE INDUSTRY AND TRADING COMPANY LIMITED the purported manufacturer.
After a careful search at the registry of Trade Marks at Georgian House in Uganda, it was
brought to their attention that the Applicants never gazetted their application for trademark
registration which points to their fraudulent behaviour in securing the same. The purported
authority the Applicants got from PURPLEMOON TRADING LLC of Shouq AI Kabeer
Street, Deira Dubai, UAE is for the mark Z MOON PURPLEMOON not Z MOON which is
their registered mark in Uganda without the permission of the registered manufacturer. This
is the matter of contention they seek to protect before this court which shows that the two
marks are different and distinct and therefore not in any way intended to deceive and
confuse the general market.
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~ *&*$$$# xtra+ maximum735securityx 2017 style
4