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15 October 2009

Counterfeiter convicted in Absolut Vodka Case

In The State of Israel v Yitach, the Jerusalem Magistrates Court has charged an individual suspected of counterfeiting several liquor brands with falsely marking Absolut Vodka bottles under Section 60 of the Trademarks Ordinance. However, the court dismissed the charges in respect of the other brands due to insufficient evidence.

19 June 2009

Customs given new powers to fight counterfeiting

The Nigerian Customs Service, the government agency responsible for regulating the importation and exportation of goods into and from Nigeria, may now prevent the importation of counterfeit goods. According to Part 1, Schedule 4 of the new Common External Tariff, the importation of “all counterfeit/pirated materials or articles" is prohibited.

03 June 2009

Landmark decision on criminal charges issued

In an important decision for trademark infringement actions, the Court of First Instance has imposed criminal charges on the consignee of a container filled with cases of counterfeit cigarettes. The Court of Appeal upheld the decision in just over a month, which shows that trademark rights can be properly enforced in all of the UAE territories within a short timeframe.

24 April 2009

Dubai seizures indicate jump in low-cost counterfeits

The number of seizures made by Dubai Customs has risen by 39% in the first quarter of 2009, although the total value of seized goods has dropped dramatically by over 80%.

11 February 2009

No damages awarded for shipment of fake watches made in error

In Rolex SA v Balloons and Entertainment Ltd, the Tel Aviv District Court has dismissed Rolex SA’s claim for damages against an Israeli importer of counterfeit Rolex watches. The court held that the importer had discharged its burden of proving that the shipment had been made in error by providing an affidavit by the manager of its Chinese supplier.

28 January 2009

Saudi customs authorities work with private sector to fight counterfeiting

The Saudi Arabia Customs Authority has signed a memorandum of understanding with a fraud and counterfeiting-detection company.

24 October 2008

Lizard device held to infringe Lacoste’s crocodile mark

In Lacoste SA (formerly La Chemise Lacoste) v Long Chang Trading CC, the High Court has enjoined Long Chang Trading CC from infringing Lacoste SA's registered crocodile device mark. Among other things, the court found that Long Chang's lizard device presented more than one of the essential particulars of Lacoste's mark.

17 June 2008

Bic awarded damages based on inconvenience

In Société Bic Anonyme de Droit Français v Wenbara Trading Company Ltd, the High Court of Uganda has awarded Société Bic Anonyme de Droit Français NUSh10 million in damages for inconvenience caused by the legal suit. This counterfeiting case was relatively straightforward, but it is arguably the first time that a Ugandan court has awarded damages based on inconvenience.

11 June 2008

Black & Decker triumphs in Dubai's highest court

Black & Decker Corporation has triumphed in a counterfeiting case before the Dubai Court of Cassation. Dubai's highest court affirmed decisions by the Dubai Court of First Instance and the Dubai Court of Appeals in which the latter had sentenced three individuals to payment of a fine of Dhr5,000 each and confiscation of the seized goods.

10 June 2008

Pick 'n Pay is crocked by Crocs

In Pick 'n Pay Retailers (Pty) Ltd v Commissioner of South African Revenue Services, the High Court has refused to set aside a warrant for the seizure of Crocs shoes imported by Pick 'n Pay Retailers (Pty) Ltd. Among other things, the court held that the magistrate had correctly found that there were reasonable grounds for believing that an act of counterfeiting had taken, was taking or was likely to take place.

02 June 2008

Application for confirmation of seizure must be served within 10 days

In Minister of Trade and Industry v EL Enterprises, the High Court has set aside an application for confirmation of a seizure conducted on behalf of Unilever PLC on the grounds that the Department of Trade and Industry had failed to serve the application papers on the respondents within the statutory 10-day period after seizing goods without a warrant.

24 April 2008

Crocs bitten back in High Court decision

In Moresport (Pty) Limited v Commissioner for the South African Revenue Service, the High Court of South Africa has set aside a search and seizure warrant issued by a magistrate in respect of 5,015 pairs of alleged counterfeit Crocs beach shoes on the grounds that Crocs Inc had failed to disclose a defence raised by Moresport (Pty) Limited in correspondence with Crocs's attorneys.

27 February 2008

Nokia wins small victory over counterfeiters

The Dubai Criminal Court of Appeal has upheld a decision by the Dubai Court of First Instance in which the latter imposed a fine of Dh10,000 on the defendant for selling counterfeit mobile phone accessories bearing the trademark NOKIA. The Court of Appeal considered that the defendant's denial of charges constituted an attempt to escape punishment.

11 February 2008

Sharjah Customs establishes IP Rights Enforcement Unit

Sharjah Customs is in the process of establishing an IP Rights Enforcement Unit to combat the importation of counterfeit products and assist trademark owners in the protection of their rights. Upon detection of counterfeit goods by inspectors, trademark owners that wish to file a complaint must follow the Procedures to Claim and Control Products.

24 January 2008

Opening shots at 2010 World Cup goal

The Fédération Internationale de Football Association has filed four suits for infringement of various registered trademarks and designs associated with the 2010 Football World Cup. Among other things, FIFA alleged that the transgressors' trading activities amounted to making undue associations with the event and that they were unlawfully deriving promotional benefits from it.