It also wants the accused to account for the proceeds and profits arising from the sale of the contested paint products
Four companies trading in paint products have been sued for alleged infringement on trademark rights and passing off goods with identical features.
The suit is before the Commercial Division of the High Court. Kansai Plascon accuses Regal Paints Uganda Limited, Veksons Uganda Limited, Salthouse Haldling Limited and Mukalwe Enterprises Uganda Limited of dealing in goods with confusing and misleading identical features.
Kansai Plascon Uganda argues that the trademark infringement will reduce its market share leading to loss of sales. The company contends that the infringement will reduce its goodwill and commercial reputation due to the paint imported, stocked, distributed and sold under the auspices of the accused companies being inferior in quality to the paint sold by the complainant.
“The end result, which is inevitable is that consumers will purchase the goods imported, distributed and sold by the defendants believing them to be goods of the plaintiff or associated with or connected to the plaintiff’s paint,” reads the suit by Kansai Plascon.
Plascon argues that if the accused companies continue dealing in paint the way they are doing today, their actions will confuse and mislead the public to think the same products belong or are connected it. The company also wants the four companies to remove the paint bearing the impugned trademark and surrender it to court or have it destroyed together with the packaging materials bearing the same identical trademark
It also wants the accused to account for the proceeds and profits arising from the sale of the contested paint products.
“The packaging of the goods imported, stocked, distributed and sold and also intended in the very near future to be further imported, stocked and distributed by first defendant (Regal Paints Uganda Limited) bears the word identical or very similar to the trademark and plaintiff’s Get-Up,” reads Plascon’s petition.
Court has asked the accused to file their defence.