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Tanzania decisions
Decisions matching the current search
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 applicant established a prima facie case by showing prior presence and goodwill in the Tanzanian market, and that the respondent's similar products caused confusion and deception. The applicant demonstrated potential irreparable harm to its goodwill and business, and the balance of convenience favored the applicant, warranting grant of a temporary injunction.
Source excerpt
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.
The High Court dismissed a trademark infringement claim over the “Phoenix” mark, finding the plaintiff’s evidence of the defendant’s infringement was hearsay and insufficient.
The High Court held that Bata Limited Canada was no longer the registered proprietor of the Bata mark after assignment, and dismissed its infringement and passing off claims with costs.
The Court of Appeal struck out a trademark-related civil appeal as incompetent because the underlying judgment had not been delivered by a judge, and awarded costs to the successful respondent.
The High Court held that Qingdao Sino Tanzania Breweries Company Limited was too similar to Tanzania Breweries Limited and created a likelihood of confusion.
The High Court held that registration of the mark POA gave the plaintiff exclusive rights, found the defendant’s similar marks infringed and passed off, and dismissed the counter-claim.
The High Court held that the defendant’s use of “CMC” and “Cooper Motors Corporation” was confusing and ordered it to change its name and pay damages.
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