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Rwanda decisions
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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.
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 Supreme Court held that the first registrant of the business name Yacht Car Express had exclusive rights in Rwanda and barred further use, while setting aside unsupported damages.
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