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The High Court held that directions on third-party liability under Order 1 Rule 18(1) CPC may still be given after hearing has begun, to avoid prejudice.
The High Court (Commercial Division) had jurisdiction as the dispute involved commercial significance under section 2 of the Magistrates' Courts Act. The trial court erred by failing to consider Exhibit DI, which established that the appellant had an unrestricted right to use the respondent's image. The respondent failed to prove her case on the balance of probabilities, and the award of general damages was unjustified in the absence of proof.
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Plaintiff's registered trademark was infringed by Defendant's distribution of confusingly similar counterfeit goods, causing market confusion and reputational harm. Defendant's failure to contest the claim resulted in admission of facts, justifying default judgment and reliefs sought.
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The applicant established a strong and reasonable apprehension of imminent infringement of its trademark by the respondent, based on past conduct and evidence of compounding by the Fair Competition Commission. The trinity of tests for interim injunctions was satisfied: a prima facie case was shown, irreparable loss was likely, and the balance of convenience favored the applicant. However, the prayer for disclosure of suppliers was premature and not granted at this stage.
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The plaintiffs failed to prove on a balance of probabilities that the defendant was engaged in counterfeiting, trademark infringement, or passing off, as neither the assignment nor the licenses were registered with the Registrar of Trademarks (BRELA) as required by law. The defendant was not a registered user, and the plaintiffs did not establish prior use or compliance with statutory requirements. Consequently, the suit lacked merit and was dismissed with costs.
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The plaintiff proved on a balance of probabilities that he invented and registered the literary work 'Jipimie Plus', submitted it to the defendant, and the defendant used it without consent, thereby infringing the plaintiff’s copyright. The plaintiff failed to strictly prove specific damages but was entitled to general damages for the infringement.
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The application is untenable because the applicant's lack of locus standi was substantively determined in Civil Appeal No. 147 of 2019, and the applicant failed to appeal that decision. Entertaining the present application would be futile and amounts to forum shopping. Extension of time cannot be granted for an incompetent or untenable action.
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The applicant established a prima facie case of trademark infringement, demonstrated likelihood of irreparable harm to its goodwill and reputation, and showed that the balance of convenience favored granting the injunction. The court found the application meritorious and granted the temporary injunction.
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The applicants established a prima facie case as owners of the registered SANLG trademark, demonstrated risk of irreparable harm to their goodwill if the respondent's use continues, and the balance of convenience favors them since their loss cannot be compensated by damages, whereas the respondent's can. Therefore, temporary injunction is warranted.
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The High Court quashed a Resident Magistrate Court judgment for lack of jurisdiction after finding the remitted civil case had to be dealt with by the District Court.
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