t breweries ltd vs qingdao sino t 2009 tzhccomd 11 28 april 2009

t breweries ltd vs qingdao sino t 2009 tzhccomd 11 28 april 2009

The name Qingdao Sino Tanzania Breweries Company Limited is too similar to Tanzania Breweries Limited, creating a likelihood of confusion and passing off due to the Plaintiff's long-standing reputation. The Registrar acted properly in directing the 1st Defendant to change its name.

Citation
t breweries ltd vs qingdao sino t 2009 tzhccomd 11 28 april 2009
Parties
Plaintiff: Tanzania Breweries Ltd; 1st Defendant: Qingdao Sino Tanzania Breweries Co. Ltd; 2nd Defendant: Registrar of Companies
Court
TZHCCOMD
Jurisdiction
Tanzania
Judgment Date
28 April 2009
Procedural Posture
Commercial Case / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
Company Name Similarity, Passing Off, Trademark Confusion, Registrar's Powers
Source Language
English
Company Law Intellectual Property Company Name Similarity Passing Off Trademark Confusion Registrar's Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Tanzania Breweries Ltd

Plaintiff

Qingdao Sino Tanzania Breweries Co. Ltd

1st Defendant

Registrar of Companies

2nd Defendant

Procedural Posture

Commercial Case / Judgment

Legal Issues

  1. 1 Whether the name Qingdao Sino Tanzania Breweries Company Limited is similar or too like the name Tanzania Breweries Limited to create confusion to the general public
  2. 2 Whether it was proper for the Registrar of Companies to direct the 1st Defendant to change its name
  3. 3 To what reliefs are the parties entitled

Ratio Decidendi

The name Qingdao Sino Tanzania Breweries Company Limited is too similar to Tanzania Breweries Limited, creating a likelihood of confusion and passing off due to the Plaintiff's long-standing reputation. The Registrar acted properly in directing the 1st Defendant to change its name.

Court Disposition

Judgment for the Plaintiff

Orders

  • Declaration that the name Qingdao Sino Tanzania Breweries Company Limited is too much like Tanzania Breweries Limited
  • 1st Defendant permanently restrained from using the name Qingdao Sino Tanzania Brewery Company Limited or Qingdao Sino Tanzania Breweries Company Limited