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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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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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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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Plaintiff proved ownership and registration of the copyright and trademark. Defendant's use of a confusingly similar logo and website content constituted willful infringement of Plaintiff's exclusive rights, causing likelihood of confusion among consumers. Plaintiff is entitled to declaratory relief, permanent injunction, removal of infringing content, damages, and costs.
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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 High Court dismissed an application to arrest and detain company directors for alleged contempt, holding the applicant failed to prove disobedience beyond reasonable doubt.
Neither party has exclusive rights to the generic word 'Afya' as it is not inherently distinctive for drinking water. Both trademarks are registered and have distinctive features; thus, no substantial similarity or likelihood of confusion exists. Furthermore, as both marks are validly registered, an infringement action cannot lie between the parties unless one registration is invalidated or removed.
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