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Tanzania decisions
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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 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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Plaintiff is not the registered proprietor of the HIT trademark in Tanzania Mainland; without proof of valid registration, plaintiff lacks locus standi to institute an infringement suit. Lack of locus standi ousts the court's jurisdiction to determine other issues.
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The District Court had jurisdiction to award general damages in a commercial tort claim where the subject matter is incapable of being estimated in monetary terms; the trial court properly evaluated the evidence and the respondents proved unauthorized commercial use of their images, constituting passing off and violation of privacy; however, the trial court erred in awarding pre-judgment interest on general damages and in setting post-judgment interest above the statutory limit.
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The High Court held that Lakairo parties infringed Kenafric’s trademark rights in Orange Drops and Pipi Kifua and passed off all three products.
The non-joinder of the Registrar of Trade and Service Marks, a necessary party in proceedings seeking rectification or annulment of trademark registrations, was a fundamental omission that vitiated the trial and rendered the judgment and proceedings null. The Registrar's right to be heard is mandatory under the law and cannot be bypassed by summoning as a mere witness or by party preference.
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Trademark and passing-off claim dismissed: the court found the marks were not similar as a whole, both marks were registered, and special damages were not proved.
The High Court dismissed a trademark infringement claim, finding the plaintiff failed to prove that the defendant imported or sold bicycles using its Phoenix mark.
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