As I have already demonstrated above that the Plaintiff’s trademarks have Latin characters in
addition to the Chinese characters. It is only the Chinese characters which are common between
the trademark of goods issued in China and those in Uganda. The matter cannot be concluded on
a point of law and the parties will be heard on the specific question of whether the goods in
question imported by the Defendants are similar to or do infringe the Plaintiff’s trademark. My
examination of the trademarks in dispute led to the conclusion that this matter cannot be
concluded on a point of law only.
For the Plaintiff to enjoy protection it has to prove that the goods the subject matter of the suit
infringes on a matter of fact the Plaintiffs trade mark. This is not only a matter of law only and
evidence shall be adduced before this suit is concluded on the issue.
The court will also be further addressed on the other remedies sought before final judgment is
issued.
In the premises an interim injunction issues restraining the Defendant, its agents or workmen
from selling, offering for sale, dealing in the goods bearing the registered trademark of the
Plaintiff, pending disposal of the remainder of the issues in this suit or until such further orders
of the court.
It is now trite law that the Defendant can be compensated in damages if it turns out after the trial
of the matter on the merits that the marks in dispute for do not infringe the Plaintiff’s registered
trademark.
Costs of the preliminary or partial judgment on a point of law are costs in the cause.
The suit shall be fixed for hearing of the remainder of issues arising from the pleadings.
Partial Judgment delivered in chambers on the 31st of July 2015
Christopher Madrama Izama
Judge
Decision of Hon. Mr. Justice Christopher Madrama
Izama *^*~?+:
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