SOMEONE IS STEALING MY CUSTOMERS WITH FAKE LOTION.

By BarefootLawyers.

Nsubuga’s business is in trouble. One of his rivals keeps taking his lotions and changing the labels so that they are sold as his own. He even caught them pretending to explain the difference between ‘their lotion’ and his own. He wants to do know what the law says about this, because he does not want to just burn their stolen products and get into trouble.

WHAT DOES THE LAW SAY?

In business, customers sometimes buy things because of the brand or label on those things. For example, you are likely to buy a shoe from a well known brand.

This is why the law protects a business’s name or label on their products to avoid confusion among the customers who may pick up the wrong product unknowingly. This protection is known as a trademark. It is given to any symbol, word, colour, phrase that allows people to easily identify that product.

When someone gets a product and puts labels belonging to another business like Nsubuga’s without Nsubuga’s permission, it is known as the offence of passing off.

Passing off happens when a person copies the whole external appearance or look-and-feel of a product, including any marks used which are used to identify that particular trademarked product and claiming that the ‘fake’ product is the same as the ‘original’ trademarked one.

Nsubuga can ask that the rival doing this to stop and compensate him for using his name. He can also report this matter to the authorities such as UBOS and ask for assistance. He can also sue his rival for damages and compensation for this.

📷:Unsplash