Wakilii

Anglo Fabrics (Bolton) & Anor v Mohamed Ssali (HCT-00-CC-MA 57 of 2007)

High Court · [2007] UGCOMMC 29 · 2007 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for temporary injunction arising from main suit for trademark infringement
Decision
Temporary injunction granted for a maximum period of six months pending trial of the head suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted a temporary injunction restraining the respondent from removing or dealing in goods bearing the MEKAKO trademark. The applicants satisfied the requirements for a temporary injunction by establishing a serious question to be tried and demonstrating that they would suffer irreparable harm if the order was not granted. The balance of convenience favoured preserving the status quo pending trial notwithstanding the respondent's stated intention to re-export the goods.

Outcome

Temporary injunction granted for a maximum period of six months pending trial of the head suit

Facts

The applicants are registered proprietors of the trademark MEKAKO. The respondent imported 964 cartons of soap bearing the MEKAKO trademark into Uganda. The applicants' trademark registration had expired on 10 September 2004 but was subsequently renewed on 9 May 2006 with effect from 10 September 2004. At the time of importation the trademark was not registered. The respondent admitted that the goods bear the MEKAKO trademark. The goods are classified as prohibited goods in Uganda under the East African Customs Management Act. The respondent applied to re-export the goods out of Uganda claiming no intention to sell them in Uganda. Uganda Revenue Authority held the goods. The applicants sought a temporary injunction to restrain the respondent from removing or dealing with the goods pending determination of the main suit for permanent injunction.

Issues

  1. Whether the applicants established a prima facie case for the grant of a temporary injunction.
  2. Whether the applicants would suffer irreparable harm if the temporary injunction was not granted.
  3. Whether the balance of convenience favoured granting the temporary injunction.
  4. Whether the respondent could be restrained from dealing with goods bearing the MEKAKO trademark where the trademark registration had lapsed at the time of importation but was subsequently renewed.

Orders

  • Temporary injunction granted restraining the respondent from removing the consignment of 964 cartons of soap bearing the MEKAKO trademark from the possession and/or control of the Uganda Revenue Authority until the determination of the head suit.
  • Respondent restrained from dealing in products bearing the trademark MEKAKO until the determination of the main suit.
  • The temporary injunction shall not last more than six months from the date of the ruling.
  • Parties directed to proceed with appropriate dispatch to trial of the head suit.
  • Applicants to pay the costs of storage/retention of the goods by Uganda Revenue Authority for the currency of this order should the head suit fail.
  • Respondent liable to pay to the Uganda Revenue Authority taxes, penalties and other dues including demurrage arising from the retention of the goods in question.
  • Costs of these proceedings to abide the outcome of the head suit.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Temporary Injunction — Test for Grant
To obtain a temporary injunction, an applicant must establish a prima facie case showing a serious question to be investigated, demonstrate that irreparable harm would be suffered if the injunction is not granted, and in case of doubt the court may consider the balance of convenience.
Intellectual Property — Trademarks — Infringement — Serious Question to be Tried
Where goods bear a registered trademark and are within the jurisdiction, there is a serious question to be tried as to trademark infringement notwithstanding a temporary lapse in registration during the period of importation, provided the trademark was subsequently renewed.
Civil Procedure — Interlocutory Applications — Temporary Injunction — Irreparable Harm
Where an applicant seeks a permanent injunction to restrain dealing in trademarked goods within the jurisdiction and the goods are currently within that jurisdiction, failure to grant a temporary injunction would likely render the final order nugatory and cause irreparable loss not adequately compensable by damages.
Intellectual Property — Trademarks — Preservation of Status Quo — Re-export of Infringing Goods
Where goods bearing a registered trademark are within the jurisdiction and the respondent claims intention to re-export rather than sell them locally, whether such re-export constitutes dealing that infringes trademark rights is a matter for trial and not for determination at the interlocutory stage; the status quo must be preserved pending trial.

Legislation cited (1)

  • East African Customs Management Act

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Anglo Fabrics (Bolton) & Anor v Mohamed Ssali (HCT-00-CC-MA 57 of 2007) [2007] UGCommC 29 (4 April 2007)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.