Journal Article

Trade marks in Tanzania: the prima facie case and interim relief

Alex B. Makulilo

in Journal of Intellectual Property Law & Practice

Volume 5, issue 8, pages 566-576
Published in print August 2010 | ISSN: 1747-1532
Published online June 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq074
Trade marks in Tanzania: the prima facie case and interim relief

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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.

Journal Article.  8746 words. 

Subjects: Arbitration ; Intellectual Property Law

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