Kenafric Industries Limited v Lakairo Investment Group Co Limited and another, Miscellaneous Application No. 279 of 2018, High Court of Tanzania, Commercial Division at Dar es Salaam
Kenafric Industries Ltd v Lakairo Investment Group Co Ltd and Another, Miscellaneous Application 279 of 2018, High Court of Tanzania, Commercial Division at Dar es Salaam
Magoiga, J.
Date of Ruling: June 28, 2019
Facts
The applicant, a registered proprietor of the trade mark known as “Special Veve” in Kenya, was in the process of registering “Special Veve” at the African Regional Intellectual Property Organization (ARIPO). Registration with ARIPO would entitle the applicant to universal protection in all member states of ARIPO, including Tanzania. The applicant was also a registered proprietor of the trade marks “Pipi Kifua” and “Orange Drops” in Tanzania. The applicant discovered that the respondents were manufacturing and selling bubblegum and sweets, one known as “Super Veve,” and two other products with the same name as the applicant’s trade marks. The applicant sued the respondents for infringement of trade marks and sought a temporary injunction to restrain the respondents from continuing the production, supply, and sale of products infringing its trade marks.
Holding
A court cannot determine the question of balance of convenience between the parties before making a determination on disputed trade marks and their ownership.
Decision
There were triable issues between the parties relating to the registered owner of the trade marks and uses of the names “Super” and “Special.” There would be no irreparable injury to the plaintiff because the injury that it would have suffered was quantified and could be recovered from the defendant in the form of damages.