Trademark litigation occurs when there is a claim brought against an individual or business entity on trademark infringement or violation of any of the rights of the trademark owner(s). A court case has to been filed to protect the trademark. Seek the help of an expert that can give assistance in prosecuting the case regarding violation of your rights about your logo (s) and make sure that your interests are protected. There are several reasons to go for trademark litigation, and some of them are as follows:
- Identical trademark causing a dispute
If the logo in dispute is identical with or deceptively similar to the registered trademark and relates to the same or similar goods or services;
- Confusing the minds of the public
If the identical or similar mark can confuse the minds of the general public as there is a slight similarity between the business activity rendered
- Making unfair advantage of the registered logo
If the trademark is advertised and as a result, it takes unfair advantage or is contrary to honest practices. It may also be detrimental to the distinctive character and reputation of the registered trademark.
- Unauthorized use of the trademark
Any person that carries out illegal use of a trademark without the permission of the registered user, the trademark holder has to claim damages of such unauthorized use.
- Similarity with a registered trademark
Any trademark that is similar and identical to a registered one which already has a reputation. That also confuses such a brand, primarily if such goods are used to confuse the public.
- The similarity of a trading name with registered trademark
If any trade name is similar to the goods and services that are associated with a registered mark and any person uses this for any illegal use can also be filed for trademark litigation.
Trademark litigation can be attained in several ways, such as:
- Court procedures
The parties may go for prosecution if they think that their trademark has been infringed or used for any unauthorized means. All matters related to brands are brought under civil law.
Remedies that may be ordered by the court:
- The court may order for confiscation of objects related to a mark
- Destroying of the unlawful trademark.
- The defendant may also be ordered to publish the decision, at its own expense, in the Official Gazette or a local newspaper.
- The court may issue compensation for litigation costs incurred concerning a case.
- The court may also order to compensate for the damages suffered.
- Alternative dispute resolution
That is the alternative way of solving the claims of trademark infringement without going for litigation. Alternative dispute resolution provides a confidential procedure to resolve disputes related to trademarks. When the parties have expressly agreed in writing to undergo an Alternative Dispute Resolution, the courts will pass an order for settlement, through any dispute resolution mechanisms mentioned below:
Meditation is a process whereby the parties meet, possibly face to face, to discuss their disputes with a Mediator. The mediator may be agreed between the parties or may be appointed by a process defined by the parties. The process is not binding, and its success depends on the willingness of the parties to participate and to settle disputes amicably.
The parties may opt for mediation to solve the disputes related to trademarks. The arbitrator hears the evidence brought by both sides and makes a decision.
Some of the facts regarding trademark litigation
- Claims regarding trademarks can be tried in court if the plaintiff proves that some other unregistered entity used the valid mark. The registered owner should confirm the infringement.
- The court will consider the various pieces of evidence that prove that the trademark was infringed, and there is a likelihood of confusion among consumers.
- The facts that will be considered by proper courts in UAE will depend on the similarity of marks in question. It is also crucial to determine whether the goods or services of the involved parties are related or similar that the consumers or the general public are likely to assume that there’s only one source for the goods or services.
Trademark litigation in UAE
Lawyers and legal consultants are experts who deal with infringement of the trademark. If you have faced any issue related to trademark infringement, trademark lawyers in UAE can offer cost-effective and efficient solutions on behalf of clients. Contact them for further consultation
Frequently Asked Questions on Trademark Litigation
What is considered to be an infringement of a trademark?
Trademark infringement is any unauthorized use of trademarks or service marks that are in connection with specific goods and services in a way that it’s likely to cause deception, mistake, or confusion regarding the source of the relevant products or services.
Is it possible to sue a person for using a registered mark?
A person using a registered mark without the permission of the trademark owner, which is the registered owner of the target, can sue through trademark litigation. Trademark infringement damages can include monetary compensation that’s based on the effect of the unauthorized use on the profits of the trademark holder (economic harm).
What should you do if someone is using your mark?
If you think that someone else is violating your trademark rights, then you should call an attorney that can send a letter of cease on your behalf. The message should contain a demand to discontinue the use of your registered trademark. If that is unsuccessful, a lawsuit may be filed to stop the unauthorized use. Before taking any action, it is recommended to consult with a trademark lawyer. An expert can suggest the best course of action to make for your specific situation.
Is a trademark infringement case civil or criminal?
The infringement of a trademark is the act of violating rights or the law about trademark ownership or ownership of intellectual property. The punishment for trademark infringement may be criminal or civil. Civil penalties for trademark infringement can include compensation or paying the owner of the trademark damages caused by unauthorized use.