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United Republic of Tanzania

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ZE Comedy Production v East Africa Television Limited and others, Commercial Case No. 46 of 2008, High Court of Tanzania, Commercial Division at Dar es Salaam

ZE Comedy Production v East Africa Television Limited and others, Commercial Case No. 46 of 2008, High Court of Tanzania, Commercial Division at Dar es Salaam

Oriyo, J

Date of Judgment: August 19, 2008

Facts

The applicant, a comedy production company comprising of seven individuals, sued the respondents over the use of the name “ZE COMEDY” in a comedic performance put up by the applicant. The contractual relationship between the applicant and the first respondent ended in May 2008. The applicant claimed that the first respondent, East Africa Television Ltd., with the aid of the second respondent, the Registrar of Trade and Service Marks, was in the process of fraudulently registering the name “ZE COMEDY” as its own trade mark. They sued the third respondent, the Copyright Society of Tanzania, for writing a letter to the Tanzania Broadcasting Corporation indicating that East Africa Television was the rightful owner of the disputed mark. The applicant sought injunctive orders, general damages, and punitive damages. While the suit was pending, the applicants applied for an order of temporary injunction. In establishing their case for temporary injunction, the applicants contended, inter alia, that they had a prima facie case against the respondents. They argued that there were serious allegations of fraud and conspiracy regarding the process of registering the name “ZE COMEDY.” The respondents argued that the applicant had not shown that it owned the mark “ZE COMEDY.”

Holding

The purpose of a temporary injunction is to preserve the status quo prevailing on the date of filing, but the order of temporary injunction cannot be granted where neither party to a trade mark case uses the disputed name nor has any legal right to it.

Decision

At the time of the suit neither party was using the name “ZE COMEDY.” Neither party had an exclusive right to use the name. The applicant had applied to be registered as the owner of the disputed name and the applicant’s Permit from National Arts Council to perform the “ZE COMEDY” production had expired. The permit had not been renewed. Temporary injunction was denied.