Cigarette Firm Told To Cease

Oct 27, 2002

The commercial court last week, ordered Mastermind Tobacco Uganda Limited to temporarily stop producing Supermatch cigarettes, until a case on trademark infringement is concluded.

By Jude Etyang
The commercial court last week, ordered Mastermind Tobacco Uganda Limited to temporarily stop producing Supermatch cigarettes, until a case on trademark infringement is concluded.
The order was obtained by Burundi Tobacco Company (BTC), the registered proprietors of the Supermatch trademark, who have since withdrawn the trademark from Mastermind in favour of a new company Leaf Tobacco Company (LTC) based in Kireka.
Justice Stella Arach-Amoko said, ‘An interim order is granted to the applicant Burundi Tobacco Company restraining the respondent Mastermind Tobacco Uganda Limited, it’s servants or agents from manufacturing, selling or exposing for sale or dealing in any way in cigarettes under the applicant’s Uganda registered trade mark.’
BTC through their lawyer, Ruth Mubiru discontinued Mastermind’s use of the trademark in July, on grounds that the latter was producing sub-standard cigarettes which did not satisfy BTC’s quality requirements.
BTC also accused Mastermind of involving Supermatch in “tax evasion schemes” which made it (Supermatch) an inferior product.
Mastermind which has been using the trade mark since 1996, has however, continued producing Supermatch cigarettes despite BTC’s notice of discontinuation thus prompting the latter to take court action.
BTC filed a suit asking court for a permanent injuction stopping Mastermind from producing Supermatch.
In their response to the suit Mastermind insist that they are they are still the registered users of the Supermatch trademark in Uganda.
BTC also seeks orders that all the Supermatch cigarettes produced by Supermatch after the trademark was withdrawn be destroyed.
BTC also want court to order Mastermind to make an account of all the profits they made by selling Supermatch after the trademanrk was withdrawn. Last week, the SRPS raided the Mastermind factory in Kampala. Ends

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