Respondent in the manner mentioned herein amounts to an infringement of the Applicant's trademark, irrespective of the agency arrangements between the Respondent and other third parties. On 22nd July, 2016 the Respondent gazetted their fraudulent application for registration of the mark PURPLE MOON. The Applicant opposed the Respondent's application on the ground that the mark does not meet the distinctiveness requisite for registration under Part A of the registry of trademarks and is intended to deceive and confuse the general market of the Applicant. The Applicant applied for registration of the trademark before the Respondent did so as seen in the Uganda Gazette of 22nd July, 2016 attached herein. The Respondent further filed a supplementary affidavit dated 7 th February, 2017 in which he averred that he contacted Linyi Grene Industry & Trading Co. Limited who responded on 16th January, 2017 clarifying that they are neither the manufacturers nor the suppliers of the Applicant‟s blankets. The Respondent deposed to a supplementary affidavit 2 on 1 st March, 2017 in reply to the Applicant‟s affidavit in rejoinder as follows; Despite the Applicant being registered as the owner of the trademark in Uganda, they did not follow the laid procedures of the law as required which include gazetting before grant of the trademark. He averred that he contacted Linyi Grene Industry & Trading Co. Limited and in their response on the 16 th day of January, 2017 it was clarified that they are neither the manufacturers nor the suppliers of the Applicant PURPLE MOON (U) LIMITED's blankets. He averred that he is informed by his lawyers that upon acquiring certificates of translation from Makerere University, the owner of the trade mark in question is LUOYANG CITY GUANLlNLlDE BLANKET FACTORY and neither Linyi Grene Industry & Trading Co. Limited nor PURPLE MOON TRADING· LLC of Shouq AI Kabeer Street, Deira Dubai, UAE as alleged by the Applicant. The Applicant cannot seek protection from infringement of a mark that is neither theirs nor having authority from the owner of the mark to register or use the same. He averred that it is not true that they are still selling the goods even with the existence of the interim order as they have actually stored all the blankets bearing the mark of PURPLE MOON in our stores until the final conclusion of this matter. The registered mark for PURPLE MOON TRADING LLC of Shouq AI Kabeer Street, Deira Dubai, UAE is Z MOON PURPLE MOON contrary to what the Applicants attach as their registered mark which is Z MOON which belongs to LUOYANG CITY GUANLlNLlDE BLANKET FACTORY not LINYI GRENE INDUSTRY AND TRADING COMPANY LIMITED the purported manufacturer. After a careful search at the registry of Trade Marks at Georgian House in Uganda, it was brought to their attention that the Applicants never gazetted their application for trademark registration which points to their fraudulent behaviour in securing the same. The purported authority the Applicants got from PURPLEMOON TRADING LLC of Shouq AI Kabeer Street, Deira Dubai, UAE is for the mark Z MOON PURPLEMOON not Z MOON which is their registered mark in Uganda without the permission of the registered manufacturer. This is the matter of contention they seek to protect before this court which shows that the two marks are different and distinct and therefore not in any way intended to deceive and confuse the general market. Decision of Hon. Mr. Justice Christopher Madrama Izama *^*~ *&*$$$# xtra+ maximum735securityx 2017 style 4