Court Declares Afroludo as Rightful Owner of ‘Nyege Nyege’ Festival Name; Blasts URSB

Kampala – The High Court of Uganda has declared Afroludo Limited as the rightful owner of the name “Nyege Nyege International Music Festival” and ordered the Uganda Registration Services Bureau (URSB) to deregister a competing business name that was fraudulently acquired.

The ruling, delivered by Hon. Justice Ssekaana Musa, found that the URSB acted “illegally, irrationally, and unfairly” when it rejected Afroludo’s application to trademark the festival’s name in 2019 while simultaneously allowing another entity, Eric Nyakueizabo, to register a nearly identical business name—“Nyege Nyege Music Festival.”

The case stemmed from URSB’s 2019 decision to deny Afroludo Limited’s attempt to register “Nyege Nyege International Music Festival” as a trademark, citing that the term “Nyege” had “immoral connotations” in Kiswahili, meaning sexual arousal. 

However, in a move that the court deemed contradictory, URSB allowed Nyakueizabo to register “Nyege Nyege Music Festival” as a business name just one month later.

Justice Ssekaana strongly criticized URSB’s inconsistency, stating: “A simple application of the reasonable man test would show that the 1st defendant (URSB) ought to have determined the morality of the Nyege mark based on the language widely spoken in the area where the festival is held rather than the imported Google search English-Kiswahili slang meaning. The 1st defendant’s officers were indeed perverted to think that ‘Nyege Nyege’ was an immoral word within the context of the Busoga region.”

The judge further noted that Lusoga and Luganda, the predominant languages in the festival’s region, define “Nyege Nyege” as an “itch to dance”, a far cry from the justification given by URSB.

Fraudulent Registration 

The court also found that Eric Nyakueizabo had fraudulently registered the name “Nyege Nyege Music Festival” despite having never organized any event under that name. 

The ruling determined that his actions were an intentional effort to mislead the public and exploit the success of Afroludo’s internationally acclaimed festival.

“By registering the business name ‘Nyege Nyege Music Festival,’ the 2nd defendant was misleading the public as the organizer of the popular Nyege Nyege International Music Festival organized by the Plaintiff, which was illegal,” said Ssekaana.

Justice Ssekaana ruled that the registration was “illegal and fraudulent”, leading to an order that URSB deregister Nyakueizabo’s business name and grant Afroludo the exclusive right to use “Nyege Nyege International Music Festival” as its trademark.

The High Court made the following orders:

• URSB must deregister “Nyege Nyege Music Festival” from Nyakueizabo’s name.
• Afroludo Limited’s trademark application should be approved, recognizing it as the legal owner of “Nyege Nyege International Music Festival.”
• A permanent injunction was issued against Nyakueizabo, barring him from claiming any rights over the “Nyege Nyege” brand.
• Each party was ordered to bear their own legal costs due to the unique circumstances of the case.

This ruling sets a significant precedent for Uganda’s intellectual property rights, particularly in the creative industry, where disputes over brand ownership have become more common. 

 

By reaffirming the principles of fairness and legal consistency, the decision sends a strong message against fraudulent business name registrations aimed at exploiting established brands.

The ruling ensures that the globally recognized Nyege Nyege Festival remains under the control of its legitimate founders, paving the way for further growth and international recognition.

CHIMP REPORTS