Two funeral companies fight over name

By Kenneth Kazibwe | Thursday, October 22, 2020
Two funeral companies fight over name

A-Plus Funeral Management Limited has dragged A-Class Funeral Services Uganda Limited to court as the two funeral companies are embroiled in a fight over a name.

According to documents before the Commercial Division of the High Court, having used their name for several years and known by the same, A-Plus Funeral Management Limited in September 2020 got information that another company had been incorporated with Uganda Registration Services Bureau with a name that is confusingly similar to theirs.

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“The plaintiff subsequently carried out research with the second defendants (URSB) whereupon, the plaintiff was able to establish that the first defendant had been incorporated and added to the company register on August 31, 2020 under the name A-Class Funeral Services. The plaintiff also established that the first defendant intends to carry out the same business and trade as the plaintiff in the funeral management services,” A-Plus says according to court documents.

A-Plus says that despite raising objections to the registration of A-Class Funeral Services Uganda Limited which is confusingly similar to their widely known name, URSB refused to heed to the call.

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According to court documents, by using the name A-Class Funeral Services, the new company is in a wrongful attempt to pass off A-Plus Funeral Management Limited and mislead the public into wrong belief.

Orders

In a case where Uganda Registration Bureau is also jointly sued, A-Plus Funeral Management wants the Commercial Division of the High Court to declare that the new funeral company’s name is a pass off of their business and name.

A-Plus Funeral Management also wants court to declare that URSB negligently facilitated A-Class Funeral Services’ passing off of its name and business.

The company according to court documents wants court to order for the deregistering or in the alternative a change of name by A-Class Funeral Services.

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