ICC 1130/2013/1
Type
Case
Court
Iraq Court of Cassation
Jurisdiction
Iraq
Taxonomy
Trademarks, Compensation, Civil Evidence, General Consumer Law
Copyright
LexisNexis
Decision date
16 Jun 2013
Catchwords
Trademark – Registration – Compensation – Evidence – Expert – Consumer Law
This case involved the deregistration and compensation of a trademark which was similar to one owned by two trademark owners. The owner of a similar trademark was asked not to use it on his products. This was confirmed as experts had concluded the trademarks had similarities which were likely to confuse consumers.
Background
Two owners of a trade mark filed a case before the Commercial Court of First Instance (Case No. 370/Arabic Letter Baa/2013) against a person who owned a similar trade mark, the manager of a company, and the commercial trade mark registrar. The owners requested the registrar to unregister the trade mark and asked for compensation for the damages they had suffered as a result of the launch of the product, which bore a trademark which was very similar to that of the two owners.
The Court of First instance issued a ruling requesting the suspension of the registration of a similar trademark and requested the owner of the similar trademark not to use it on his product.
Decision