bata limited canada vs bora industries ltd 2013 tzhccomd 1 5 april 2013

bata limited canada vs bora industries ltd 2013 tzhccomd 1 5 april 2013

Bata Limited Canada was not the registered proprietor of the 'Bata' trademark at all material times, having assigned it to Bata Brands s.a.r.l, Switzerland before the relevant period. Although the marks 'Bata' and 'Bora' are similar and likely to cause confusion, Bora Industries Ltd is the registered proprietor of its own mark and followed proper registration procedures. No infringement or passing off by Bora Industries Ltd was established against Bata Limited Canada, who no longer had standing after assignment of the trademark.

Citation
bata limited canada vs bora industries ltd 2013 tzhccomd 1 5 april 2013
Parties
Plaintiff: Bata Limited Canada; Defendant: Bora Industries Ltd
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
5 April 2013
Procedural Posture
Commercial Case / Judgment
Outcome
Plaintiff's case dismissed with costs.
Legal Topics
Trademark Infringement, Passing Off, Assignment of Trademark, Trademark Registration
Source Language
English
Intellectual Property Commercial Law Trademark Infringement Passing Off Assignment of Trademark Trademark Registration

Case Brief

Summary, issues, holding and outcome

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Parties

Bata Limited Canada

Plaintiff

Bora Industries Ltd

Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff is or has at all material times been the registered proprietor in Tanzania of the trade mark 'Bata'.
  2. 2 Whether the assignment of trademark 'Bata' by the plaintiff to another entity extinguished the plaintiff's right to sue for trademark infringement and/or passing off which occurred before the assignment.
  3. 3 Whether the defendant is a registered proprietor in Tanzania of the trademark 'Bora'.

Ratio Decidendi

Bata Limited Canada was not the registered proprietor of the 'Bata' trademark at all material times, having assigned it to Bata Brands s.a.r.l, Switzerland before the relevant period. Although the marks 'Bata' and 'Bora' are similar and likely to cause confusion, Bora Industries Ltd is the registered proprietor of its own mark and followed proper registration procedures. No infringement or passing off by Bora Industries Ltd was established against Bata Limited Canada, who no longer had standing after assignment of the trademark.

Court Disposition

Plaintiff's case dismissed with costs.

Orders

  • Plaintiff's claims are dismissed.
  • Plaintiff to pay costs to the defendant.