a.
a permanent injunction.
b.
damages or an account of profit.
c.
delivery up and destruction of all the Defendant‟s “NGARISHA” steel wool.
d.
rectification of the Registrar of Trade Marks by expunging the Defendant‟s Trade
Mark therefrom.
e.
any other remedies.
f. costs.
g. interest.
The Defendants filed a joint written statement of defence in which they deny that they have
ever passed off any of the Plaintiff‟s goods and the Plaintiff will be put to strict proof.
They also contend that the Plaintiff has never registered a Trade Mark in Uganda and deny
infringing the same. They also denied harassing the Plaintiff‟s customers and or
distributors; as well as any knowledge of any loss suffered by the Plaintiff and prayed that the
suit be dismissed with costs.
The same contentions are repeated in the affidavits of both sides in this application. Mr.
Mugenyi pointed out during his submissions that the Plaintiff‟s case is not based on trade
mark infringement, but in passing off under S. 4 of the Trade Marks Act (Cap 217) which
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