THE REPUBLIC OF UGANDA,
IN THE HIGH COURT OF UGANDA AT KAMPALA
(COMMERCIAL DIVISION)
CIVIL SUIT NO 112 OF 2015
KAMPALA STOCKS SUPERMARKET CO LTD}...........................................PLAINTIFF
VS
SEVEN DAYS INTERNATIONAL LTD}..................................................RESPONDENT
BEFORE HON. MR. JUSTICE CHRISTOPHER MADRAMA IZAMA
JUDGMENT
The Plaintiff is a private limited liability company doing business in Uganda. The Plaintiff's suit
against the Defendant which is also a private limited liability Company is for a permanent
injunction to restrain the Defendant, its agents or workmen from selling, offering for sale,
dealing in the goods bearing the registered trademark of the Plaintiff, an enquiry into the
damages and account for profits, delivery and destruction of offending goods and damages.
The Plaintiff is represented by Muwema and Company Advocates while the Defendant is
represented by Mwesigye Mugisha and Company Advocates. In the joint scheduling
memorandum filed by the parties on 16 April 2015 the material facts relating to the trademark
dispute were spelt out but not all relevant facts are agreed.
The issues for trial are:
1. Whether the Defendant has and continues to infringe on the Plaintiffs registered
trademark?
2. Whether the Defendant is a bona fide user of the Chinese manufacturers’ marks on the
imported goods?
3. What are the remedies available to the parties?
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~?+:
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