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Rwanda decisions
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The Supreme Court homologated a mediation settlement ending a copyright dispute over the characters Kanyombya and Sekaganda, with no further issues left to decide.
The Supreme Court approved a mediated settlement on compensation in a copyright dispute over the fictional characters Kanyombya and Sekaganda.
The Commercial Court found that Super Moviate Ltd’s “SUPER” mark imitated Mukwano Industries Ltd’s earlier “SUPA” mark and ordered it to stop sales, but denied damages for lack of proof.
The Commercial Court found Super Moviate Ltd’s ‘SUPER’ mark imitated Mukwano Industries Ltd’s earlier ‘SUPA’ mark, ordered removal from market, and denied damages for lack of proof.
The Supreme Court held that Habyalimana Charles owns the characters Kanyombya and Sekaganda, and that MTN used them commercially without authorization.
The Supreme Court held that Habyalimana Charles owned the fictional characters Kanyombya and Sekaganda, and that MTN commercialized them without authorization.
The Commercial Court held that CANAL PLUS INTERNATIONAL had standing to sue for infringement of exclusive broadcast rights and ordered Victory TV Ltd to stop unauthorized broadcasts.
Res judicata did not apply because the parties and subject matter were not identical to the previous case. The 'Wild Olive' trademark was found to be confusingly similar to the 'KANTA Brand' trademark based on dominant features, appearance, and expert testimony, constituting unfair competition. DRESOCECO LTD's importation and sale of such products in Rwanda was unlawful. The request for destruction of seized products was denied as the law only allows cessation of unfair competition, not destruction, unless damages are claimed and awarded.
Source excerpt
The appeal lacks merit because the 'Wild Olive' mark used by DRESOCECO Ltd creates a likelihood of confusion with 'KANTA Brand', constituting unfair competition under Rwandan law. Previous judgments do not bar the claim as parties and subject matter differ. DRESOCECO Ltd must cease importation and sale of 'Wild Olive' products in Rwanda.
Source excerpt
The appellant, as the registered trademark owner, had standing to sue for infringement. However, the law does not require mandatory destruction of counterfeit goods; the trial court acted within its discretion by ordering removal from the Rwandan market rather than destruction. The appellant failed to prove actual damages suffered, so no damages were awarded. The request for publication of the judgment was denied as unnecessary. The appeal was dismissed as baseless, and the appellant was ordered to pay costs and attorney fees to the respondent.
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