The Civil Division of the High Court in Kampala has dismissed an application in which the Patriotic League of Uganda was accused of trademark infringement.
The Revolutionary People’s Party (RPP) dragged Gen Muhoozi Kainerugaba’s PLU to court accusing the pressure group of unlawfully using the lion symbol, which it claimed was its official emblem.
RPP wanted court to declare that PLU’s actions constituted an infringement on the Plaintiffs exclusive trademark/political publicity rights and asked court to issue a permanent injunction restraining PLU from further usagė, publishing and associating with the lion as their symbol for public mobilisation, without their prior authorization.
However, Justice Simon Peter Kinobe dismissed the application for a permanent injunction blocking PLU from using the lion symbol.
“It is hereby ordered that the application for the temporary injunction is hereby dismissed,” Justice Kinobe ordered.
He also ordered that Revolutionary People’s Party pays costs to PLU.
PLU’s defence
Through its lawyers of K&K Advocates, PLU represented by Usaama Sebuufu told court that there is no evidence that RPP owns the said lion symbol.
Sebuufu told court that actions for trademark infringement can only be instituted by owners of registered trademarks in accordance with the laws of Uganda and that proof of such registration is through a Certificate of Registration issued by the Registrar of Trademarks.
He told court that the opposition party doesnt have any exclusive rights over the generic symbol of a lion, adding that the symbol of a lion used by PLU is distinct in shape, colour and size, and bears no confusing similarity to RPP’s symbol.