DCC 200/2008
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
Trademarks, Registration, Consumer Protection, General Consumer Law
Copyright
LexisNexis
Decision date
23 Dec 2008
Catchwords
Trade Name – Trademark – International Fame – Struck off – Reregistration – Consumer Confusion
This case involved a trademark which was deemed too similar to one which was registered in many countries. A key point that international fame which gave protection did not automatically come just because a trademark was registered in multiple jurisdictions. The case also considered whether special protection was available when a mark had been struck off and was re-requested.
Background
A Plaintiff filed suit No. 743 of 2006 against the Defendant, requesting the Court to strike off the registration of a trademark from the register of trademarks in the Ministry of Commerce and economy. The Plaintiff explained that it was a Company in the Federal Republic of Germany working in the field of industry and commerce, and the owner of the trademark. This trademark was registered in the name of the Plaintiff in the USA, Venezuela, Turkey, China, Korea, Singapore, the Netherlands, Saudi Arabia, Paraguay, Nicaragua, New Zealand, Mexico, Lebanon, Kuwait, Ireland, France, the UK, Brazil, Bahrain, Australia and other countries.