The High Court has restrained businessman Naris Nuwagaba and three others from using the name and brand “Team Thorough”, after finding that they infringed on a registered trademark owned by Team Thorough Business Mobilizers Cooperative Savings and Credit Society Limited.
In a judgment delivered on December 2, 2025, Justice Susan Odongo ruled that the defendants unlawfully used a name and mark that was confusingly similar to that of the SACCO, and ordered them to pay Shs10m in general damages.
The dispute arose from the growth of Team Thorough SACCO, a cooperative that was first registered on probation in February 2018 and later granted permanent registration in December 2022.
In April 2023, the organisation obtained a licence to operate as a savings and credit cooperative. Three months later, it registered “Team Thorough SACCO” as a trademark in Class 36.
According to court records, the SACCO later discovered that Nuwagaba and his associates were operating an office at Kira House in Kampala under the name “Team Thorough YKM”.
The SACCO accused them of presenting themselves to the public as leaders and members of Team Thorough, including on social media.
The SACCO told court that the defendants were running similar activities, including financial mobilisation, which caused confusion among the public and its members.
“The continued use of the plaintiff’s mark by the defendants has caused confusion and doubt among the members of the public,” the judge noted, quoting evidence presented in court.
The SACCO sued Nuwagaba and the other defendants for trademark infringement and passing off, and asked court to issue a permanent injunction and award damages.
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When the case came up for hearing, the defendants did not appear in court and were not represented by lawyers, despite being properly served with court summons. The case therefore proceeded ex parte.
The SACCO was represented by lawyer Bob Muhanguzi of Matrix Advocates, who argued that the defendants’ conduct violated the Trademarks Act.
He told court that “a trademark grants exclusive rights to its registered owner” and that anyone who uses a similar mark in a way that is “likely to deceive or cause confusion” infringes that right.
He pointed court to photographs of the defendants’ office at Kira House, which bore the “Team Thorough” name, and argued that both sides were operating in the same field.
On the question of infringement, Justice Odongo agreed with the SACCO.
“The law grants exclusive right to the use of a trademark to the registered owner,” she ruled, adding that the defendants were using a mark that was “identical with or so nearly resembling” the SACCO’s trademark.
“I find that the defendants’ actions are an infringement on the plaintiff’s trademark,” the judge ruled.
However, the court did not fully agree with the SACCO on the claim of passing off.
Justice Odongo said the SACCO failed to prove that it had acquired sufficient goodwill or reputation in the market to sustain a passing off claim. She noted that the SACCO did not provide evidence such as market surveys, financial returns or proof of actual loss.
“A one off event of a dignitary attending a function cannot be considered goodwill,” the judge said.
As a result, the passing off claim failed.
On remedies, the court issued a permanent injunction stopping tNuwagaba from using the name and mark “Team Thorough”.
On damages, the SACCO had asked for Shs 100 million, but the court found that the evidence of loss was weak and largely speculative.
“I am convinced that the plaintiff may have experienced some economic hardship due to the actions of the defendants,” Justice Odongo said.
She awarded Shs 10 million in general damages, describing it as fair compensation in the circumstances.
The court declined to award punitive damages, saying there was no concrete evidence to justify such an order.
The SACCO was also awarded 50% of the costs of the suit.
