Alsuwaidi & Company

UAE Commercial Agencies Law

A Judgment by Dubai Court of Cassation to stop infringement of international trademark

A Judgment issued by the Dubai Court of Cassation to stop the infringement of a well-known trademark in a case that presents a unique precedent because of the difficulty in these types of cases to ascertain the conditions and reasons for stopping the infringement of trademarks and prevent it.

The case is that the claimant (Owner of the trademark), filed a case before Dubai Court of First Instance against a well-known real estate company in Dubai, requesting relief from the court that the infringement of its mark by the respondent must be stopped because of the similarities which match their mark, leading to misleading consumers. A judgment was issued by the Dubai Court of First Instance on 14/08/2017, including the deletion of a trademark of a hotel belonging to the respondent’s real estate company and the announcement of its deletion in two daily newspapers published in the country in Arabic.

Advocate/Mohammed R. Alsuwaidi filed a memorandum stating that the company’s trademark is a worldwide well-known trademark with legal protection under the provisions of article 4 of the Commercial Trademarks Law. It is also the first that registered its mark and been using it locally and internationally.

Mr. Alsuwaidi stated that winning the case is great importance to the trademark and its reputation and that the court considered in its judgment that the trademark of the claimant is worthy of the protection prescribed by the trademark law. However, the respondent appealed the Judgment at Dubai Court of Appeal, which rejected the appeal and issued a judgment on 28/05/2018, which the respondent appealed before Dubai Court of Cassation, which rejected it and issued its final judgment on 11/11/2018.