THE REPUBLIC OF UGANDA, IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL DIVISION) CIVIL SUIT NO 689 OF 2016 COLGATE PALMOLIVE COMPANY LTD} ................................................PLAINTIFF VERSUS SOMBE SUPERMARKET LTD}........................................................... DEFENDANT BEFORE HON. MR. JUSTICE CHRISTOPHER MADRAMA IZAMA JUDGMENT The Plaintiff is described as an American worldwide consumer Products Company engaged in the production, distribution and provisional counsel, healthcare and personal products with its head office at 300 Park Avenue New York City, New York, United States of America. On the other hand the defendant is a private limited liability company incorporated in Uganda trading under the name and style of Sombe Supermarkets with distribution outlets in Mukono, Mbale and Lugazi towns in Uganda. The plaintiffs claim is for a permanent injunction to restrain the defendant whether acting through its directors, officers or summons, engines or otherwise howsoever from the infringing the plaintiffs registered mark, passing of toothbrushes bearing the mark "Colage Double Action" or any other colourable imitation as toothbrushes of the plaintiff which bear the mark Colgate Double Action. It is for an order to deliver up for destruction of infringing toothbrushes in the possession of the defendant, general damages, punitive damages and costs of the suit and interest from the date of judgement till payment in full and alternatively for an account of profits. According to the affidavit of Kabayiza Brian Richard, an advocate of the High Court of Uganda and a partner with the Kabayiza Kavuma Mugerwa and Ali advocates, 13th September, 2016 received a copy of summons to file a defence, a copy of the plaint and a copy of an application for a temporary injunction for service upon the defendant. On 20th September, 2016 he went to the defendant's premises at Mukono and served a manager of the supermarket Mr Nuhu Namunyali who received court process according to a copy of the acknowledgement attached to the affidavit having the stamp of the defendant. On 19th October, 2016 the registrar of this court entered interlocutory judgment against the defendant in default of having filed a defence under Order 9 rule 8 of the Civil Procedure Rules and fixed this suit for formal proof. Decision of Hon. Mr. Justice Christopher Madrama Izama *^*~ *&*$$$# xtra+ maximum735securityx 2017 style 1