Commodities

Court halts production of Comform mattresses

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By EPHRAIM KASOZI

Posted  Friday, July 11   2014 at  01:00

In Summary

Decision comes after alleged infringement of cover designs

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KAMPALA

Court has temporarily stopped the manufacturing of Comform mattresses until a dispute between two companies over alleged infringement on cover designs is resolved.
“That an interim injunction doth issue against the respondent (Comfoam), its servants, agents and or whosoever from continuing to manufacture, sell and pass off its mattresses as being those of the applicant till the hearing of the main application,” held Justice Anglin Flavia Senoga of the Commercial Division of High Court.

The interim order issued restrains the Comfoam Uganda Limited from manufacture of mattresses carrying similar design like that of Megha Industries until July 25. The order resulted from a case in which Megha Industries Uganda Limited accuses Comfoam Uganda Limited of passing off its mattresses as being those belonging to the former (Megha).

Background
It is alleged that in 2012, the two mattress companies entered a consent that stopped Comfoam Uganda Limited from continuing to pass off its mattresses as being those of Megha Industries and infringing on mattress cover designs of Royal Foam mattresses.

“That the respondent’s continued actions of manufacturing mattresses with the infringing cover design as mattresses, manufacture and sold by the applicant has led to drastic decline in the applicant’s sales, has damaged invaluable good will and reputation as well as the strong market position in respect of its mattresses and this particular mattress cover which is known by its distinguishing features,” reads the complaint.
Through their lawyers, the manufacturers of Royal mattresses are seeking for recovery of Shs2 billion and Shs1 billion as damages and compensation for the alleged infringement on the design.

ekasozi@ug.nationmedia.com