Trademark Infringement Case Within Pharmaceutical Field
The acts of the defendant to use a trademark, which was confusingly similar in pronunciation and identical outer packaging, had the potential...
FTD Partners registered a case on behalf of its Client, a Pharmaceutical company, for the infringement of a trademark by another pharmaceutical company which was using an identical and deceptively similar trademark.
The Client was selling its product with the Trademark in question which was well-reputed for the cure of certain prevalent disease and generating roughly a revenue of over AED 1.2 million a year for the past 5 years. The acts of the defendant to use a trademark, which was confusingly similar in pronunciation and identical outer packaging, had the potential to confuse and deceive the consumers, and negatively affect the revenue generation.
FTD Partners served a Cease and Desist Notice initially to the infringing party, so the matter could be settled amicably, however, the infringing party did not respond to the Notice positively. A civil case was later filed for the infringement of Trademark in Dubai Courts and a temporary injunction was obtained immediately. FTD Partners presented evidence of the infringement of Intellectual Property rights of its Clients and the infringement by the Defendant.
The Court decided the case on merits after weighing in all the evidence and found that Defendant is guilty of infringing the Intellectual Property rights of Plaintiff, awarded the permanent injunction against the Defendant for using the Trademark in question and damages of AED 750,000.