Firm fails to overturn sh20m fine order over trademark infringement

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The Court of Appeal has upheld an award of shillings 20 million in damages to Ugandan company Hewlett-Packard Development for trademark infringement.

On August 7, 2025, Justices Stella Alibateese, Eva Luswata and Jesse Byaruhanga ordered China New Future Uganda Ltd to pay the damages.

The decision affirms a 2014 ruling by the High Court in Jinja, which found that China New Future Uganda Ltd had infringed on Hewlett-Packard Development’s trademark. However, New Future Uganda Ltd appealed against the decision on grounds that there was no infringement.

“The respondent (Hewlett-Packard Development) proved that the appellant had infringed on its trademark and as a result would suffer loss. I am unable to fault the learned trial judge for exercising his discretion to award general damages and cost,” Alibateese said.

"The justices unanimously stated that China New Future Uganda Ltd had not provided any evidence in its appeal to prove that trademark infringement had not occurred. I, therefore, find no reason for setting aside the award of general damages of shillings 20 million by the learned trial judge, as the award was appropriate. I find no merit in this ground of appeal and it accordingly fails. I dismiss the appeal with costs to the respondent in this court, “Alibateese said.

Through its lawyer, Augustine Idoot of Kampala Associated Advocates, Hewlett-Packard Development argued that China New Future Uganda Limited had infringed on the trademark of HP toner cartridges and other products, noting that the company is not the registered proprietor.

Idoot stated that Hewlett-Packard Development is the registered proprietor of two trademarks, numbers 40468 and 40471 — for the HP logo, covering goods in classes 02 and 16.

In its defence, China New Future Uganda Limited, through its lawyer Gabriel Byamugisha, contended that there was no infringement, arguing that the trademark originated from Guogiang Computers Trading.