24 and submissions that the plaintiff stopped dealing in PANASUPER batteries in 2012 when its distributorship contract expired and a new agent was appointed. In the result, issue 1 (b) is answered in the negative. Issue 2 Whether the 1st and 2nd Defendants infringed the said trademark or passed off the batteries as those of the Plaintiff. Both counsels argued this issue in two parts. The first part is on infringement and the second one on passing off. I will follow the same approach in dealing with the issue. (i) Infringement It is the plaintiff’s case that the 1st and 2nd defendants by entering into a distributorship agreement in respect of PANASUPER batteries well aware that the plaintiff is the registered proprietor of the mark in Uganda are infringing its trademark. The defendants on the other hand contend that the 2nd and 3rd defendants supplied PANASUPER batteries to the plaintiff up until 2012 when the distributorship agreement between the plaintiff and the 2nd defendant was terminated. It cannot be said that there was infringement as the PANASUPER batteries sold were those of the manufacturer i.e. the 2nd and 3rd defendant. Section 36 (1) of the Trademarks Act 2010 provides that, “Subject to sections 41 and 24, the registration before or after the commencement of this Act, of a person in Part A of the register as owner of a trademark other than a certification mark in respect of any goods shall, if valid, give or be taken to have given that person the exclusive right to the use of the trademark in relation to those goods.” [Emphasis added]. Under section 36 (2) the exclusive right to the use of a trademark is taken to be infringed by a person who, not being the owner of the trademark or a registered user of the trademark uses by way of permitted use, a mark identical with or so nearly resembling it, as to be likely to deceive or cause confusion in the course of trade in relation to any goods of the same description where the use would result in a likelihood of confusion and in such a manner as to render the use of the 24