20130405 TZHC Dar es Salaam

20130405 TZHC Dar es Salaam

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, effective 31 October 2005. The cause of action for alleged infringement and passing off accrued before assignment, so Bata Limited Canada retained the right to sue for acts before that date. However, Bora Industries Ltd was the registered proprietor of the 'Bora' mark, and its use of its own registered trademark did not constitute infringement or passing off under Tanzanian law. No evidence of fraud in Bora's registration was established. Since Bata Limited Canada was no longer the proprietor after assignment, it could not obtain...

Citation
20130405 TZHC Dar es Salaam
Parties
Plaintiff: Bata Limited Canada; Defendant: Bora Industries Ltd
Court
TZHC
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, Trade and Service Marks Act, Proprietorship of Trademark
Source Language
English
Intellectual Property Commercial Law Trademark Infringement Passing Off Assignment of Trademark Trade and Service Marks Act Proprietorship of Trademark

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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 extinguishes 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, effective 31 October 2005. The cause of action for alleged infringement and passing off accrued before assignment, so Bata Limited Canada retained the right to sue for acts before that date. However, Bora Industries Ltd was the registered proprietor of the 'Bora' mark, and its use of its own registered trademark did not constitute infringement or passing off under Tanzanian law. No evidence of fraud in Bora's registration was established. Since Bata Limited Canada was no longer the proprietor after assignment, it could not obtain...

Court Disposition

Plaintiff's case dismissed with costs.