Black & Decker triumphs in Dubai's highest court
United Arab Emirates
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Black & Decker Corporation, the global manufacturer and marketer of quality power tools and accessories, hardware and home improvement products and technology-based fastening systems, has triumphed in a counterfeiting case before the Dubai Court of Cassation. The Dubai Court of Cassation, the highest court in the Emirate of Dubai, affirmed decisions by the Dubai Court of First Instance and the Dubai Court of Appeals in which the latter had sentenced Sultan Ali Salim Obeid Allah, Fakir Mohamed Sadiq and Othman Bajal Bafoor to payment of a fine of Dhr5,000 each and confiscation of the seized goods.
Black & Decker, the owner of the BLACK & DECKER trademark, filed a complaint against the owners and employees of Al Maknoon General Trading (based in Deira, Dubai) for selling and distributing counterfeit goods bearing the trademark BLACK & DECKER in the United Arab Emirates. On April 24 2007 the Dubai police executed a search warrant at the shop and warehouse, and arrested those responsible for selling and distributing the goods. A total of 4,816 cutting discs were seized. Black & Decker thus sued the accused on the basis of civil and criminal claims.
The Dubai Court of First Instance found that the seized products were counterfeit and infringed the BLACK & DECKER trademark. Further, the court concluded that the accused were aware of the counterfeit nature of the seized goods and acted with criminal intent. Therefore, the court held that the accused were to be punished pursuant to the provisions of the Trademark Law (37/1992).
Before the Dubai Court of Appeals, the accused submitted no new facts to try and reverse the criminal judgment. The court thus rejected the appeal and affirmed the lower court's judgment. The accused further appealed to the Dubai Court of Cassation. On April 7 2008 the court rejected the appeal and the criminal judgment became final.
Eman Abdelrahman, Al Tamimi & Company - Advocates and Legal Consultants, Dubai
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