BCC 170/2006

This case involved the ongoing use of a company's trademark after an agreement to sell a company's products in Bahrain was terminated. The court of appeal was wrong to refer the case to the court of first instance when that court had already dismissed the case.

Background

A company filed a case against a company before the court claiming that it had agreed with the company to import its products and sell them in Bahrain. The company said that the company then terminated the contract without justification. The first company continued to use the second company's trade mark and they requested they remove this trade mark.

The court dismissed the case.

The company appealed the ruling before the court of appeal. The court dismissed the appealed ruling and referred the case to the first instance court for consideration.

Decision

The first company appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had erred in the application of law and said that the court referred the case to the court of first instance though the court of first instance previously dismissed the case.