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Trade marks in Tanzania: the prima facie case and interim relief
Tijdschriftbijdrage - Tijdschriftartikel
Legal context: This article analyses case law developed by the HCT pursuant to temporary injunction in trade mark infringement disputes. However analysis of this case law is limited to the principle of 'prima facie case' as this appears to be the most difficult to apply in the context of trade mark infringement disputes.
Key points :This difficulty has rendered most applications for temporary injunction to be refused unnecessarily making this remedy virtually unavailable. The Court's reluctance to grant a temporary injunction has always been justified on the ground that it is difficult to determine temporary injunctions in trade mark infringement disputes without considering the merits of the main suit.
Practical significance :Although such justification has frequently been stressed by judges, little guidance has been provided by the Court as to how a plaintiff may establish 'prima facie case' in applications for temporary injunction in trade mark infringement disputes. In this article the author argues that since proof of trade mark infringement is established on the basis of the 'likelihood of confusion' of identical or similar trade marks, then 'prima facie case' in temporary injunction in trade mark infringement disputes would have been established when the Court is satisfied that contested trade marks are identical or similar.
Key points :This difficulty has rendered most applications for temporary injunction to be refused unnecessarily making this remedy virtually unavailable. The Court's reluctance to grant a temporary injunction has always been justified on the ground that it is difficult to determine temporary injunctions in trade mark infringement disputes without considering the merits of the main suit.
Practical significance :Although such justification has frequently been stressed by judges, little guidance has been provided by the Court as to how a plaintiff may establish 'prima facie case' in applications for temporary injunction in trade mark infringement disputes. In this article the author argues that since proof of trade mark infringement is established on the basis of the 'likelihood of confusion' of identical or similar trade marks, then 'prima facie case' in temporary injunction in trade mark infringement disputes would have been established when the Court is satisfied that contested trade marks are identical or similar.
Tijdschrift: Journal of Intellectual Property Law and Practice
ISSN: 1747-1532
Issue: 8
Volume: 5
Pagina's: 566-576
Jaar van publicatie:2010
Trefwoorden:trademarks, interim reliefs, prima facie case