The Uganda Cricket Association has ben dragged to the Commercial Division of the High Court in Kampala for infringing on a trademark belonging to Dafabet Uganda Ltd.
According to the case, Dafabet , an online gaming company , in September, the Uganda Cricket Association held a tournament dubbed Dafabet Pearl of Africa T20 Series which was widely publicized without the consent or authorization of the company which owns the copyright.
The company says during the period, its various businesses received a series of alerts, links and shares making reference to the online betting and the games on its trademark Dafabet.
Dafabet also asserts that the above tradename or event name is substantially identical to its registered trademark and company name and that the advertisement and campaign material are identical to its brand name which has led to market confusion.
“The Plaintiff (Dafabet) avers and confirms that it neither endorsed, sponsored nor consented to the use of its trademark or tradename by the defendants (Cricket Association) or its sponsors and affiliates and the illegal use of its trademark has led to substantial confusion in the market and dilution of its business,” the court documents say.
The company says that efforts through its lawyers to demand the immediate cease and desist of the “unlawful use” of its tradename and “illegal passing off,” by the Uganda Cricket Association have not yielded anything as the cricket body refused to heed and its infringing materials continue to feature on all the company’s social media platforms and sites without its consent thus affecting its business operations.
“Dafabet Uganda Ltd avers that the association has engaged in unfair competition practices and contributory trademark infringement against its (Dafabet’s) businesses and IP rights by promoting and using a trademark and business name in its events and activities well aware of Dafabet’s rights to its detriment,” reads in part the court documents.
In the case before the Commercial Division of the High Court in Kampala, Dafabet wants court to find and rule that the acts of the Uganda Cricket Association amount to trademark infringement, unfair competition and passing off of its services as their own or endorsed or associated to its businesses without any form of right or authorization.
Meanwhile, Uganda Cricket Association has been given 15 days to respond to the suit or else the case will be decided in their absence.
“Whereas the above-named plaintiff (Dafabet Uganda Ltd) has instituted a suit against you, you are required to file a defense within 15(fifteen) days from the date of service of this summons upon you if you wish to be heard. Should you fail to file year defence within the given time, the case shall be heard and decided in your absence,” the court documents say.