On the 24/9/2002 the 2 Defendant registered trade mark No. 25196 consisting of the word
“NGARISHA”. That registration was unlawful and the Plaintiff objects to it, and gives the
particulars of objection. The Plaintiff also contends that as a result of the Defendant‟s actions,
the 2 Defendants intend to pass off its products as those of the Plaintiff. Particulars of passing
off are:
i.
The 1st Defendant has tried to sell off to customers at their premises and
warehouse in Kampala and else where in Uganda, products under the name of
„NGARISHA‟.
ii.
The 1st Defendant has tried to pack, advertise its steel wool “NGARISHA”
disguised as bearing the same blue and white colour and packing layout and get up
as that of “NGARISHA” of the Plaintiff.
iii.
The Defendant has resorted to harassing, and intimidating the Plaintiff‟s
distribution.
The Plaintiff contends that the passing off by the Defendant has infringed its trade mark. That
the Defendant‟s acts were at all material times calculated to deceive and mislead and have
infact misled the general public into believing that the said „NGARISHA‟ steel wool is that
of the Plaintiffs and to pass off that steel wool as that of the Plaintiff which it is not, and into
buying the Defendant‟s steel wool as that of the Plaintiff. That the Defendant threatens to and
intends, unless constrained by this Court, to repeat the acts and conducts aforesaid and to pass
off the said „NGARISHA‟ steel wool as manufactured by the Plaintiff which is not the case.
By reason of the aforesaid, the Plaintiff has been greatly injured in its reputation and has
suffered and will continue to suffer loss and damages arising out of the erroneous belief
endangered by the Defendants misrepresentation that the Plaintiffs goods are those of the
Plaintiff. The Plaintiff pays for:
8