20000524 TZHC Dar es Salaam
Judgment is entered for the plaintiff based on the defendant's admission of liability and the infringement of the registered trademark. The defendant is restrained from using the name DELO. No order is made for damages or account of profits as no business was conducted. Each party bears its own costs.
Source-derived case information.
- Citation
- 20000524 TZHC Dar es Salaam
- Parties
- Plaintiff: Caltex Corporation; Defendant: Delo Petroleum Company
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 24 May 2000
- Procedural Posture
- Commercial Case / Judgment After Admission of Liability at Pre Trial Conference
- Outcome
- Judgment for the plaintiff on admission of liability.
- Legal Topics
- Trademark Infringement, Business Name Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caltex Corporation
Plaintiff
Delo Petroleum Company
Defendant
Procedural Posture
Commercial Case / Judgment After Admission of Liability at Pre Trial Conference
Legal Issues
- 1 Whether the defendant infringed the plaintiff's registered trademark by using the name DELO
- 2 Whether the plaintiff is entitled to damages or an account of profits
- 3 Whether costs should be awarded
Ratio Decidendi
Judgment is entered for the plaintiff based on the defendant's admission of liability and the infringement of the registered trademark. The defendant is restrained from using the name DELO. No order is made for damages or account of profits as no business was conducted. Each party bears its own costs.
Court Disposition
Judgment for the plaintiff on admission of liability.
Orders
- The defendant is restrained from using the name DELO in business concerns and from infringing the plaintiff's registered trademark No.3629.
- No order as to inquiry for damages or account of profits.
Full Case Text
Judgment text and source record
1 paragraphs
. . .' . \ " IN THE HIGH COURT bF TANZANIA . COMMERCIAL DIVISION. AT DAR ES SALAAM , COM. CASE NO. 9 OF 1999 , . CALTEX CORPORATION .......... PLAINTIFF 0 • Versus " DELO PETROLEUM COMP ANY .. DEFENDANT • • Counsel: S. H. EL- Maainry Esq. For Plainti_ff Mr. Mselem for the Defendant • JUDGMENT Q BWANA, J. During the final pre-trial conference the Director of the Defendant Company, Joseph 0. Ngiloi, did admit liability to the claims advanced by the plaintiff. He promised to formally inform this court in writing. He has done so, through his letter dated 23 May 2000 and marked "XX1". He did inform this court, then, and he has restated it in XX1, that he was misled by the Registrar of companies that the word "DELO" was not in use by ano_ther company. As it transpired, it was not correct, as DELO is a business name used by the plaintiff. The defendant stated further that since the registration of DELO, he has been carrying out mere research ... he has not done any business and/or raised any money/profit. I-J.e therefore requested the plaintiff and the court to . " - . . . drop the other claims for "inquiry as to damages or in the alternative, an . ' ~ . account of profits" '· " , . ~. I In his_r~p!Y Mr. El Maamry did concede of the facts raised by the .~. defendant but insisted on thi; court awarding him costs. ..;; :~ ' . ,. , .,, ' . ,. Having examined this admission by the defendant pursuant to Order . • .... 1' t XII Rs. 1-4 of the CPC, I enter judgment in favour of the plaintiff in the ' . . I \ ; following terms namely - t ... I. The defendant stop using the name DELO from his business concerns. He is therefore restrained (whether himself or througb. his servants, agent or oth~rwise) from infringing the registered trade mark No.3629, registered in favour of the plaintiff. .' 2. No order is made concerning "inquiry as to damages or, alternatively, for an account of profits". 3. Each party to bear its own costs of this suit.' Sgd: Dv IJ 24/5/2000 2 "