THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA COMMERCIAL DIVISION HCT - 00 - CC - CS - 024 – 2009 BRITANIA ALLIED INDUSTRIES LTD. ……………………………………. PLAINTIFF Verses AYA BISCUITS (U) Ltd. ………………………………………………………. DEFENDANT BEFORE: THE HON. JUSTICE GEOFFREY KIRYWABWIRE Judgment The plaintiff company brought this suit against the defendant company for trade mark infringement and passing off. In this regard the plaintiff sought a permanent injunction; the award of general damages and the delivery up for destruction of all infringing products on the market. The case for the Plaintiff is that it was the registered proprietor of Trademark No. 26073 being “Marie Classic” for goods in Class 30 but used in respect of biscuits. The trademark “Marie Classic” however expired on/or about the 8th September 2010.The Plaintiff avers that it has been carrying on a well established business of manufacturing and marketing of biscuits known as “Marie Classic” and “Big Maria”. At the trial the plaintiff dropped the claim for trade mark infringement but maintained that the defendants has deliberately been passing of their product under the name “Marie” disguised in the same colour and packing layout as those of the plaintiffs. The defendant denies any passing off and or misrepresentation /deception to the public by its product under the descriptive name “AYA Marie Biscuits”. The defendant further avers that its own get up and packing of its biscuits is distinct and distinguishable from that of the plaintiff‟s. At the pre trial scheduling conference the parties agreed to the following issues for trial; 1. Whether the get-up of the defendant‟s biscuit is so similar to that of the plaintiff? 2. Whether the similarity is likely to cause confusion? 1