DCC 461/2004
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Civil Courts, Litigation Procedure & Practice, Trademarks
Copyright
LexisNexis
Decision date
14 May 2005
Catchwords
Imitation trade mark – Unique identity – All the elements – Confusion – General impression – Awareness of the public – Differentiate – Similarities – Authority – Trial Court – Technical expert – Common lettering and fonts – Different names – Impression
The description of the imitation trademark. The evaluation of whether the trademark has a unique identity differentiating it from others must be based upon the all the elements in the trademark and whether there would be confusion with the similar trademarks, as the issue is the general impression of the trademark regardless of the individual elements. Taking into consideration the awareness of the public and their ability to differentiate between the two trademarks when judging the similarities between them. The authority of the trial court to decide not to refer the issue to a technical expert to evaluate the degree of similarity between both trademarks. The authority of the trial court to decide that the similarity of the trademarks would not confuse the public despite the common lettering and fonts, due to the different names and the different impression left on any ordinary person viewing both trademarks.
Pursuant to the perusal of the documents and the hearing of the summary report read out at the hearing by H.E Judge: ……… and after deliberations,
Whereas the cassation has been filed within the legal term and fulfilled all formal conditions, the cassation shall be accepted in form,