TLG Secures Trade Name Cancellation13-12-2018
The Legal Group’s Intellectual Property Litigation Department has secured a judgement resulting in the cancellation of a tradename found to be infringing on our client’s brand/tradename.
It was found that a trader in Ajman was using a tradename that is similar to that of our client, a well know international brand.
As such TLG made representations to the appropriate authorities requesting that this trader seizes to use our clients trade name.
The case at hand was particularly difficult as many defending arguments were brought before the court by the defendant such as the fact that the defendant had been using that name for almost 20 years. This lengthy period of 20 years brought forward arguments that the passage of time had been surpassed and therefore a case could not be made before the courts.
Despite this TLG’s Intellectual Property Litigation team successfully argued the case before the courts obtaining a favorable judgement for the Plaintiff.
Details of the judgement included rejecting of the defendant’s argument on the passage of time. The judge also ordered the trade name of the defendant to be struck off the roll of the Ajman Economic Development Department.
Further to this the judge ordered the defendant to seize and desist from using the plaintiffs name and to remove the name from all signboards, products and trades that the defendant is involved in.
The defendant was also ordered to cover all expenses of the case as well as the an amount of AED1000 to the plaintiff’s attorney fees. Finally, the defendant is to publish the judgment and its implications in two local newspapers.
The Legal Group is dedicated to protecting the intellectual property of brand owners.