This ruling from the Hearing Committee in Tanzania addresses a dispute between four companies (Chompisa Enterprise Ltd, ASB Investment Ltd, Haniyabibi Investment Ltd & Delhi Darbar Investment Ltd) and the Chief Inspector of the Merchandise Marks Act (the 1st respondent) and Colgate-Palmolive Company (the 2nd respondent). The claimants challenged the seizure of 1,150 cartons of "Doctor Good" and "Fresh Doctor" toothbrushes, which were detained for allegedly infringing on Colgate's "Double Action" trademark.
The committee found that the claimants are not the registered proprietors or owners of the "Doctor Good" and "Fresh Doctor" trademarks in Tanzania. According to Tanzania's Trade and Service Marks Act (TSMA), a trademark is officially registered only when a sealed certificate is issued by the Registrar of Trade and Service Marks. Since no such certificate was presented as evidence, the claimants could not prove ownership or exclusive rights to use those trademarks in Tanzania.
The committee concluded that the seized "Doctor Good" and "Fresh Doctor" toothbrushes are counterfeits. While the claimants argued their products were distinguishable by the dominant pink color and additional colors, and that similar trademarks can coexist under the law of honest concurrent use, the committee found otherwise.
The ruling highlighted that an infringement doesn't require an exact replica; it's enough for the imitation to be "substantially similar" or a "colorable imitation" that is likely to deceive or confuse consumers. The committee relied on the definition of counterfeiting under the Merchandise Marks Regulations, 2008, which includes imitating protected goods to such a degree that they are substantially similar copies.
The committee noted the "glaring" similarities in the trade dress, get-up, artwork, and packaging design between the seized goods and Colgate's "Double Action" toothbrushes, concluding that these similarities were likely to confuse consumers and therefore infringed upon Colgate-Palmolive's protected rights.
Based on these findings, the committee dismissed the claims and ordered that the seized 1,150 cartons of "Doctor Good" and "Fresh Doctor" toothbrushes, which were found to be counterfeits, should be destroyed. The claimants were also ordered to pay the costs of the destruction.
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