Motor firm loses copyright case

Arusha. A case filed by a motor vehicle assembling firm RSA Limited against the Arusha-based Hanspaul Automechs for alleged infringement of its copyright by the latter has been dismissed by the High Court.

The Commercial Division of the High Court ruled that the plaintiff has failed to establish the necessary facts on the claimed infringement of copyright of RSA vehicle drawings and designs by the defendant.

In a suit filed on August 29, 2014, the plaintiff sought to restrain the defendant from further “copyright infringement” for its vehicle models by prohibiting Hanspaul Automechs Limited from assembling a range of vehicles.

The Arusha firm assembles Hanspaul Land Cruiser 7SX, Hanspaul Land Cruiser 5 SRX, Hanspaul Land Cruiser 5SX, Hanspaul 7SX and Hanspaul 5SRX Nissan Y61.

The Moshi-based RSA Limited also claimed for the payment of $1,689,352.31 being specific damages occasioned by the defendant’s infringement of the plaintiff’s copyright for RSA vehicle models.

The plaintiff further claimed the payment of $1,000,000 being loss of goodwill and for payment of general damages to the tune of $1,000,000.

But Judge Robert V. Makaramba in his ruling on November 21 said the plaint does not reveal “any pleaded facts on infringement of copyright in the drawings of the RAS models neither does it show when it arose”.

“The plaintiff has therefore failed to plead the essential facts necessary to prove before the court he can succeed in the suit against the defendant and which this Court would grant the reliefs sought,” the Judge said.

Judge Makaramba further ruled that failure by the Court to find key facts constituting a claim for copyright infringement in the drawings in the RSA vehicle models renders the claim invalid.

RSA Limited, which was represented in the case by three advocates, namely, Beatus Malima, Joseph Nuamanya and Mr Mgimba, alleged that the infringement contravened the Copyright and Neighbouring Rights Act (Cap. 218.R.E 2002).

In its defence, Hanspaul Automechs argued that the plaintiff has failed to prove the essential facts for the alleged copyright infringement it described as defectively defective and which it argued violated some sections of the Civil Procedure Code.

Upon being served with the plaint, the defendant, Hanspaul Automechs Limited filed a plaint before the Commercial Division of the High Court on September 19th.

The two firms, Hanspaul and RAS Limited assemble 4-W drive vehicles mainly used to ferry tourists to the national parks and other tourist attractions, mainly in the northern zone regions.