A fact deemed to be admitted by any rule of pleading need not be proved unless the court otherwise deems at its discretion that it should. In the premises and taking into account the evidence summarised above, the plaintiff‘s assertion that the defendant passed off its goods as that of the plaintiff is undisputed and proved and therefore issue number 2 is answered in the affirmative. Remedies: The plaintiff's counsel relied on the evidence of PW2 on the effect of the passing off to the sale of the plaintiffs "Colgate double action" toothbrushes declining as a consequence of the counterfeit ―Colage double action" toothbrushes of the defendant. Furthermore PW2 testified that the plaintiff used to supply each of the defendants supermarkets with 70 dozens of the Colgate double action toothbrushes and in paragraph 13 he testified that the defendant sold the counterfeit toothbrushes at Uganda shillings 24,000/= each or per dozen. The defendant made sales worth Uganda shillings 26,880,000/= between February to September 2016. He proposed a sum of Uganda shillings 26,880,000/= as general damages for passing off. Counsel further prayed for general damages for infringement of trademark. He submitted that the defendant was motivated by the need to make profit at the expense of the plaintiff and the damage that the plaintiff‘s trade Mark may have suffered as a result of the use of the mark by the defendant and other related factors. He proposed Uganda shillings 20,000,000/= as general damages for infringement of the plaintiffs trade Mark. With regard to passing off, the plaintiff's counsel further prayed for punitive damages. He relied on the case of Haria Industries versus PJ Products Ltd (1970) 1 EA 367. He submitted that where an award of general damages considers restitutio in integrum or compensation for the loss suffered; in the above case it was held that the rule for restitutio in integrum has two exceptions. The plaintiff may become entitled to pecuniary damages in excess of the actual amount that is suffered where the action complained of was committed deliberately with a view to making a profit out of the action. In that case it was held that the nature of the "get up" chosen by the defendant was chosen deliberately with a view to commit a wrong in order to benefit. In that case in addition to the compensatory damages, the court may add an element to show its displeasure of the act of the defendant. Under this heading counsel proposed that damages of Uganda Shillings 50,000,000/=. Counsel further prayed for an order for delivery for destruction of all the infringing toothbrushes found in possession of the defendant. Lastly the plaintiff seeks for costs of the suit and interest from the date of judgment on the other awards till payment in full. Decision of Hon. Mr. Justice Christopher Madrama Izama *^*~ *&*$$$# xtra+ maximum735securityx 2017 style 11