Counsel for the plaintiff: Mr. Frederick Mpanga.
Counsel for the defendant: Mr. Mohammed Mbabazi
J U D G M E N T:
Yorokamu Bamwine J: The 1st plaintiff is a limited liability company registered under and in
accordance with the laws of the United Kingdom whereas the 2nd plaintiff is the sole registered user in
Uganda of the 1st plaintiff’s registered trade marks. As regards the defendants, the 1st defendant is a
company incorporated and carrying on business for gain in Uganda whereas the 2nd defendant is the
brain behind it.
The plaintiffs’ claim against the defendants arises out of actions said to amount to infringement of the
1st plaintiff’s trade marks and passing off of the said two defendants’ goods as goods of the plaintiff.
The thrust of the plaintiffs’ case is that the defendants are importing, selling and disposing of in Uganda
medicated soap bearing its registered trade mark ‘Mekako’. The defendants deny it.
At the scheduling conference, the two parties agreed that:
1.
On 7th October 1998, the 1st plaintiff registered a trademark ‘Mekako’ under Part A of the
Trademarks Act in respect of goods in class 3.
2.
The said trademark was renewed for a further period of 14 years from 10th September, 2004.
3.
The 2nd plaintiff is the sole registered user in Uganda of the trademark Mekako, that is, the only
person authorized by the 1st plaintiff to import its products into the country.
4.
The defendants have imported into the country a soap product known as Mekako.
5.
The first plaintiff is a foreign registered company resident in United Kingdom.
6.
The 1st defendant is a limited liability company incorporated in Uganda and the 2 nd defendant is
its Managing Director.
7.
The plaintiffs’ Mekako soap contains 2% mercury.
8.
The suit product is not manufactured in Uganda.
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