DCC 77/1991
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Trademarks, General Commercial Law
Copyright
LexisNexis
Decision date
29 Dec 1991
Catchwords
Trademark – Counterfeit – Attached –Sharia Law – Destruction
This case was taken against a number of traders who had been selling a counterfeited trademarked product. The traders had not been aware the product was counterfeit which lead to the question of whether there could be an order to destroy the product. Under Sharia Law harm must be rectified. The parties should go back to the position they had been in before. That meant the products which had been attached could be destroyed but not other Red Label tea products as it was not possible to confirm if they were counterfeit or not.
Background