THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA (COMMERCIAL COURT DIVISION) HCT-00-CC-CS-0695-2006 NICE HOUSE OF PLASTICS LTD ::::::::::::::::::::::: PLAINTIFF VERSUS HAMIDU LUBEGA :::::::::::::::::::::::::::::::::::::::: DEFENDANT BEFORE: THE HONOURABLE MR. JUSTICE YOROKAMU BAMWINE J U D G M E N T: The plaintiff’s claim against the defendant arises out of actions said to amount to infringement of the plaintiff’s trade mark and passing off of the defendant’s goods as goods of the plaintiff. The thrust of the plaintiff’s case is that the defendant has imported and intends to sell and distribute/dispose of in Uganda tooth brushes bearing its registered trade marks namely ‘NICE’ and ‘NICE TOOTH BRUSH’. The plaintiff tried to serve the defendant on the address indicated in the importation documents but failed. Court made an order for substituted service but still the advertisement in the Monitor Newspaper of Wednesday December 27, 2006 elicited no response from him. Judgment was accordingly entered against him on 23/2/2007 and the suit was set down for formal proof under the provisions of 0.9 r. 8 of the Civil Procedure Rules. In view of that judgment, the issue as to whether he has imported and intends to sell and distribute/dispose of the goods, the subject matter herein, was decided by Court upon the defendant’s failure to file a defence. Herein, I have to decide whether the plaintiff is entitled to the reliefs sought. 1