In matters of intellectual property, a trademark is a word, phrase, symbol, product feature or any combination of these that distinguishes in commerce the goods or services of its owner from those of others. A trademark, therefore, is an indicator of source. It does not tell what the goods or services are but where they come from. Trademark protection is granted to trade dress-the packaging or overall look and feel of what constitutes a person’s product or services. It is an admitted fact that on 7/10/98 the first plaintiff registered a trademark ‘MEKAKO’ in Uganda. The said trademark was renewed for further period of 14 years from 10/09/2004. It is further admitted that the 2nd plaintiff is the sole registered user in Uganda of the trademark Mekako. He is in other words the only person authorized by the 1st plaintiff to import its products into the country. The uncontroverted evidence of PW2 Mercy Ndyahikayo is that according to the Trademarks Register, the plaintiffs are the only registered proprietor and registered user respectively authorized in law to use the Trademark Mekako. Further that any other person who uses the same without the authorization of the above mentioned persons would be infringing the trademark. I have had the advantage of seeing the packaging of the plaintiffs’ product and the defendants’ product. In my view, the get-ups of the two products are the same, where by get-up I mean the visual features which distinguish a trader’s goods, most notably, the packaging of the goods. In cases where trademark infringement is alleged, as herein, the infringement occurs when a suspected infringer uses a mark for goods or services identical or closely related to those of the plaintiff. The test of infringement is likelihood of confusion. Likelihood of confusion is the probability that a reasonable consumer in the relevant market will be confused or deceived, and will believe the infringer’s goods or services come from, or are sponsored or endorsed by, the complainant or that the two are affiliated. I said in Nanoomal Issardas Motiwalla (U) Ltd –Vs- Sophie Nantongo & Others HCT-00-CC-CS-0430-2006 (unreported) and I reiterate that position herein, that infringement is analogous to the tort of fraud. The duty of the Judge in a case such as this is to decide, upon seeing the goods, whether the plaintiffs goods nearly resemble the ones complained of as to be likely to deceive or cause confusion in the minds of the public. Having found that the products in the instant case are identical in every possible way; and in view of the admitted fact that the defendants have imported into the country a soap product known as Mekako; and in view of the unchallenged evidence that the importation was done without knowledge and/or authority of the plaintiffs, I have found no difficulty in determining the fourth issue in the affirmative. I do so. 7