
Muse AF Enterprises Co. Ltd v Billen General Trading Ltd & 2 others
Case Law- Info
- 1Connections
- Case Outcome
- Injunction or Order Granted
- Case Status
- Closed
- Keywords
- Intellectual property
- Trademark
- Case Number
- CIVIL SUIT NO. 102 & 271 OF 2013 (CONSOLIDATED)
- Decision date
- Dec 5, 2019
- Country
- Judicial Body
- Constitutional Court
- Court Name
- THE COMMERCIAL COURT OF UGANDA AT KAMPALA
- Collection
- CIPIT
- Case Summary
The plaintiff company is the registered owner of trademark No. 29015 (PANASUPER) in class 9 sued the 1stdefendantcompany, the agent of the 2nddefendant who claims to be the registered owner of the PANASUPER trademark in China for trademark infringement and passing off. The suit was filed on 4th March 2013 as H.C.C.S.No. 102 of 2013. Subsequently, on 29th May 2013, the 3rddefendant also instituted a suit against the plaintiff for fraudulent registration of the PANASUPER trademark vide H.C.C.S.No. 271 of 2013. When the parties first appeared before this court on 8th November 2013 they prayed for consolidation of the two suits because the issues for determination were the same. Court granted the prayer and the plaintiff in HCCS No. 102 of 2013 was maintained as the plaintiff in the consolidated suits and the 2nddefendant was added asa necessary party for this court to conclusively and effectually resolve the dispute between the parties.The pleadings were amended accordinglyto reflect the parties as agreed
- Date Updated
- Dec 5, 2019