She decided to return it to its owner after it was seized
Dubai Courts resolve a legal dispute over a famous trademark
Dubai Courts rejected the request for compensation.
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Muhammad Naguib: “The plaintiff sold his company, but he did not give up the trademark, and he was surprised by the refusal to return it to him.”
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Dubai Courts resolved a legal dispute over a famous trademark of a paper product, as it decided to return it to its original owner, after cross-claims, and demands for large compensation by the disputants.
According to the details of the lawsuit, the plaintiff is an (Asian) businessman working in the field of industry and commerce in Dubai. In it, the mechanism of acquiring the percentage offered for sale, which is represented in initially transferring a 75% stake, until the real value of each partner is determined by an external evaluator.
The legal representative of the plaintiff, Legal Counsel, Muhammad Naguib, stated that his client issued a general power of attorney to the defendant authorizing her to deal with banks and conclude agreements and other administrative procedures. Hurry up to cancel the power of attorney before it acquires the rest of the shares, which represent 24%.
He added that the two parties did not reach an understanding about the price that the external resident set for the shares offered for sale, and they negotiated the same matter again, and signed a memorandum of understanding according to which the defendant company acquired the company of his client in full.
Najeeb explained that his client sold his company, but he did not give up the trademark, and the two parties agreed that the trademark would not be part of the sale, but he was surprised by the defendants' refusal to transfer the trademark back to him again, which means that they violated his rights under intellectual property law, which affected him. Serious damage, affected the value of the brand.
Accordingly, the plaintiff demanded to compel the defendants to transfer and register the trademark and all its derivatives, industrial designs and any rights related thereto, to the plaintiff again, and demanded compensation of 17 million and 702 thousand dirhams, for the current and future damages and material losses, and 10 million dirhams in compensation. On the one who committed against him intentionally and in bad faith.
For its part, the group of the defendant companies, in a counterclaim, demanded that the plaintiff pay a compensation of 10 million dirhams, the value of a penal clause, as a result of breaching the terms of the contract, and moral compensation for damaging its reputation.
In addition, the Court of First Instance referred the case to a tripartite committee of experts, which concluded that the relationship between the plaintiff and the respondent company was contractual, based on the sale of his shares to it without including the trademark among the fixed or intangible assets in the shares that were sold.
After considering the case, the court ruled that the plaintiff was entitled to the trademark, and obligated the defendant company to return the trademark to it.
While it ruled that he was not entitled to material claims for compensation amounting to 17 million 702 thousand dirhams, noting that there were no documents proving the damages that required compensation.
Regarding the demands of the defendant company in the counterclaim, for a compensation of 10 million dirhams, the expert committee concluded that these amounts were handed over to the defendant previously, so the court ruled to reject the lawsuit.
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