Court Awards Migoo Industries Shs16.7 Billion Over Gumboot Design Infringement

Migoo Industrial and Trading Company (U) Limited has secured a significant legal victory, with the High Court Commercial Division ordering Rida International Industry (U) Limited to pay Shs16.7 billion in damages. The court ruled that Rida had infringed upon Migoo’s gumboot design and engaged in “passing off” its products as Migoo’s.

Justice Stephen Mubiru awarded Migoo Shs12.768 billion in special damages and Shs4 billion in general damages. The judge also issued a permanent injunction, preventing Rida from manufacturing, selling, or distributing gumboots in a way that could confuse consumers with Migoo’s brand.

The dispute began when Migoo alleged that Rida’s gumboots were substantially identical to its own in terms of design, shape, colour, and size. Migoo, which started producing gumboots in 2012, claimed Rida, incorporated around 2016 by the same individual who designed Migoo’s mould, had copied its product.

Rida had denied the claims, asserting its design was different and registered earlier. However, Justice Mubiru found the designs to be “substantially identical” and that Rida had copied Migoo’s design without any significant variations.

The court also considered evidence of actual consumer confusion. A Migoo distributor testified that customers mistakenly purchased Rida gumboots, believing them to be Migoo products. The judge noted that Rida had deliberately altered its design and concealed its branding, leading to this confusion.

In addition to the substantial damages, the judgment includes specific interest rates on the awarded sums, with special damages attracting 15 per cent annually from May 3, 2019, and general damages attracting six per cent from the judgment date. Rida’s counterclaim was dismissed, and costs were awarded to Migoo.

https://www.monitor.co.ug/uganda/news/national/court-awards-migoo-industries-shs16-7b-over-copied-gumboot-design-5624364