Dubai Commercial Court Dismisses Trademark Infringement Claim Over Unpaid Expert Fees Dubai, UAE – The Dubai Commercial Court recently dismissed a trademark infringement lawsuit, citing the plaintiff’s failure to pay the required deposit for expert committee appointment, which led to the lapse of their right to rely on expert testimony. The court emphasized the critical role of specialized technical expertise in complex intellectual property disputes and the plaintiff’s responsibility to adhere to procedural requirements. Background of the Dispute The case involved the owner of a well-known registered trademark who initiated legal proceedings against multiple defendants. The plaintiff alleged unauthorized exploitation of their trademark, claiming the defendants were importing, selling, displaying, and storing counterfeit products bearing the plaintiff’s mark or similar designs. Furthermore, it was asserted that the defendants utilized the trademark name in advertisements both within and outside their retail establishments, constituting a direct infringement of the plaintiff’s commercial rights. To substantiate the claim, the plaintiff submitted copies of trademark registration certificates, the defendants’ trade licences, and photographic evidence of the disputed products. In response, the defendants challenged the sufficiency of this evidence, arguing for the dismissal of the case due to a lack of standing and the absence of original proof of infringement. Court Mandates Expert Review Recognizing the technical nature inherent in trademark disputes, the court deemed it essential to refer the matter for technical expertise. An expert committee was appointed with a specific mandate: to verify the registration and ownership of the trademark, investigate the history of its use by both parties, meticulously examine the products offered by the defendants, identify any similarities or differences between the trademarks, and ultimately determine whether direct or indirect imitation had occurred. Procedural Lapse Leads to Dismissal A pivotal turn in the proceedings occurred when the plaintiff failed to remit the expert committee’s fees within the stipulated timeframe. The plaintiff subsequently sought an amendment to the court’s decision, requesting a reduction in the expert fee by limiting the appointment to a single expert. This request, however, was rejected by the presiding judge for lacking legal justification. The Dubai Commercial Court ultimately ruled to dismiss the lawsuit. The court’s decision highlighted that the plaintiff’s non-payment of the expert’s fee, without an acceptable excuse, legally resulted in the lapse of their right to rely on the expert appointment decision. This failure consequently impeded the execution of the crucial technical task necessary to ascertain the veracity of the infringement claims. Judicial Reasoning In its rationale, the court reiterated the fundamental principle that proof forms the bedrock of legal rights, obligating the plaintiff to provide conclusive evidence for their assertions. Emphasizing the presumption of innocence for the defendants, the court stated that this presumption could only be overturned by decisive evidence. The submitted documents, while relevant, were deemed insufficient on their own to conclusively prove infringement in technically intricate matters like trademark disputes, which necessitate specialized examination to determine similarities and their potential impact on consumers. The court concluded that the plaintiff’s inaction prevented the court from clarifying the essential elements of the dispute, thereby rendering the plaintiff unable to prove their claim. As a result, the lawsuit was rejected, and the plaintiff was ordered to bear the incurred fees and expenses. This ruling underscores the importance of strict adherence to procedural requirements, particularly regarding expert fees, in commercial litigation within the UAE.

UAE-Based Siblings at Centre of Global Domain Name Dispute Involving Cybersquatting Allegations Dubai, UAE – An escalating dispute surrounding the jiohotstar.com domain name has brought the intricacies of international intellectual property law and domain name regulation into sharp focus, with UAE-based siblings now at the heart of the controversy. The case has ignited significant legal discussion concerning cybersquatting and the enforceability of trademark rights across borders. The domain was initially registered in September 2023 by a developer in Delhi, amidst widespread market speculation regarding a potential merger between Reliance’s Jio and Disney’s Hotstar. The developer’s stated intention to sell the domain for a substantial sum to fund education quickly raised questions about the legitimacy of the registration, drawing scrutiny over potential bad faith acquisition. Cybersquatting Allegations and UDRP Framework Legal professionals broadly view this situation as a classic instance of cybersquatting, which involves registering a domain name with the primary aim of profiting from its sale to the legitimate trademark owner. Domain names are recognised under law as forms of trademarks and are afforded protection through various mechanisms, including alternative dispute resolution (ADR) methods offered by the World Intellectual Property Organization (WIPO) and country-specific registries, alongside conventional trademark litigation. ADR is often highlighted as a more expedited and cost-effective avenue for trademark owners to reclaim infringing domain names. The Uniform Domain-Name Dispute-Resolution Policy (UDRP), administered by the Internet Corporation for Assigned Names and Numbers (ICANN), provides a critical framework for resolving such disputes without resorting to traditional court proceedings. To succeed under the UDRP, a complainant must typically demonstrate three key conditions: that the disputed domain name is identical or confusingly similar to a trademark in which they hold rights; that the registrant has no legitimate rights or interests in the domain name; and that the domain name was registered and is being used in bad faith. The UAE Connection and Ownership Complexities The narrative took a new turn with the unexpected transfer of the domain to UAE-based siblings, Jainam and Jivika. In a video statement, the siblings asserted that their acquisition was made to support the original developer’s educational aspirations, with plans to transform the domain into an inspirational platform. This development introduces a complex layer, potentially challenging how the trademark holder may pursue legal action, particularly given the new owners’ residence in the UAE. However, skepticism has been noted regarding the direct ownership, with WHOIS details reportedly showing a US company acting as a proxy rather than the siblings themselves. This raises questions about the true beneficial ownership and intent behind the transfer, potentially being an attempt to obscure the actual proprietor or confuse the process of enforcement. Implications for Trademark Enforcement The shift in ownership to the UAE-based siblings complicates any potential UDRP claim by the trademark holder. While the new owners may argue their acquisition was in good faith and without intent to exploit a future trademark, the initial registration’s bad-faith intent remains a significant point of contention. Legal experts suggest that the UDRP’s flexibility on intent implies that even secondary acquisitions may not shield a domain if its initial registration was motivated by questionable intentions. Should the trademark holder deem jiohotstar.com crucial to its brand identity, it could argue that the original bad-faith intent persists, irrespective of subsequent ownership changes. For the siblings, demonstrating a non-commercial, educational intent behind their acquisition could serve as a crucial defense. However, they may face considerable challenges if the trademark holder robustly asserts its established trademark rights. Trans-Border Reputation in a Digital Age This case underscores the inherent complexities of the UDRP in distinguishing between legitimate domain acquisitions and strategic attempts to evade cybersquatting claims through ownership transfers. While ICANN policies generally prioritise established trademark rights, a UDRP panel or court will need to meticulously evaluate the original developer’s motivations, the siblings’ stated intentions, and the evolving ownership structure of the domain. The incident further highlights the increasing importance of protecting a trademark’s trans-border reputation and goodwill in the interconnected digital landscape. In today’s globalised market, a brand’s reputation and domain name significance extend beyond national borders, making it crucial for trademark laws to safeguard against infringement in multinational markets.

UAE Reports Substantial Growth in Intellectual Property Registrations for 2024 Dubai, UAE – [Current Date]: The United Arab Emirates has registered a significant surge in intellectual property (IP) filings during the first nine months of 2024, reflecting the nation’s strategic focus on nurturing an innovation-led economy. Data released by the Ministry of Economy indicates a robust expansion across various IP categories, signaling increased confidence and activity in research, development, and entrepreneurship within the Emirates. Key Registration Statistics During the initial three quarters of 2024, IP registrations nationwide experienced a substantial increase of 34.3 percent. Trademark registrations alone saw a rise of 39.12 percent. Concurrently, patents, utility certificates, and industrial designs collectively recorded an 8 percent growth compared to the corresponding period in 2023. The Ministry processed a total of 1,884 new intellectual property works, a notable increase from 1,402 in the preceding year, bringing the cumulative total to 20,389 active registrations. Expanding Demand and Enforcement Efforts The period also witnessed a pronounced uptick in the overall demand for IP protection across diverse economic sectors. The Ministry received 1,946 new IP applications, marking an impressive 53.23 percent increase from the 1,270 applications filed last year. In parallel, enforcement efforts against infringements have been active, with 153 reports of intellectual property violations being filed. Furthermore, 209 applications for the registration of importers and distributors of IP rights were processed, demonstrating a 26.67 percent growth in this crucial area of compliance and oversight. Trademark and Patent Landscape By September 2024, the UAE officially recorded 18,175 new trademarks, reflecting a 39 percent increase year-on-year. The Ministry’s operational statistics show 24,258 trademark registration applications were processed, alongside 8,171 trademark inquiries addressed. These efforts have culminated in a grand total of 356,408 active trademarks across UAE markets. The landscape for technological innovation also saw considerable activity. Registered patents, utility certificates, and industrial designs reached a total of 15,051 by the end of September 2024, representing an 8 percent increase. The number of new registration applications for these categories rose by 3.8 percent, with 3,489 applications submitted during the period. Strategic Vision for Intellectual Property Framework Commenting on these developments, Abdullah Ahmed Al Saleh, Undersecretary of the Ministry of Economy, affirmed that these positive outcomes underscore the UAE’s steadfast commitment to developing a comprehensive and robust IP ecosystem that aligns with international best practices. He highlighted the critical role of intellectual capital and creative output in fostering sustainable economic growth. The Ministry has continuously prioritized the enhancement of legislative frameworks and the rollout of targeted initiatives designed to support both industrial and creative sectors. Al Saleh further emphasized the Ministry’s collaborative approach with both public and private sector stakeholders to ensure the availability of all necessary resources to bolster the competitiveness and growth of the intellectual property sector. This strategic direction is integral to achieving the ambitious goals set out in the ‘We the UAE 2031’ vision, which aims to position the nation among the top ten global destinations for talent and innovation.

UAE Sees Remarkable Surge in Intellectual Property Registrations, Bolstering Innovation Drive Dubai, UAE – The United Arab Emirates has announced a substantial increase in intellectual property (IP) registrations during the first nine months of 2024, signaling the nation’s successful efforts to cultivate a thriving environment for innovation. Figures released by the Ministry of Economy highlight significant growth across trademarks, patents, and utility certificates, underscoring advancements in supporting research and development alongside entrepreneurship across various economic and scientific domains. Significant Growth Across IP Categories Overall IP registrations in the UAE experienced a robust rise of 34.3 percent in the first nine months of 2024. The Ministry registered 1,884 IP works during this period, a notable increase from 1,402 in the corresponding period of 2023, bringing the total number of registered IP works to 20,389. Trademark registrations, a key indicator of commercial activity and brand protection, saw a particularly strong surge of 39.12 percent. By September 2024, the UAE recorded the addition of 18,175 new trademarks. The Ministry processed 24,258 trademark registration applications and handled 8,171 trademark inquiries, contributing to a total of 356,408 active trademarks within the UAE market. Further demonstrating the country’s commitment to safeguarding innovation, registered patents, utility certificates, and industrial designs collectively increased by 8 percent, reaching a total of 15,051 by the end of September 2024. Applications for these categories also grew by 3.8 percent, with 3,489 submissions compared to the same period in the previous year. Enhanced Regulatory Oversight and Enforcement The demand for IP registration has intensified across diverse sectors, with the Ministry receiving 1,946 general IP applications, marking a substantial 53.23 percent increase over the 1,270 applications received last year. Alongside registration efforts, the Ministry also addressed 153 IP violation reports, indicating proactive enforcement of IP rights. Additionally, 209 applications for the registration of importers and distributors of IP rights were processed, reflecting a 26.67 percent growth in this vital area of regulatory compliance. Strategic Vision for a Knowledge-Based Economy A senior official from the Ministry of Economy emphasized that these impressive results reflect the UAE’s steadfast commitment to developing a robust IP ecosystem that aligns with international best practices. This strategic focus is crucial for reinforcing the role of knowledge, creativity, and innovation as fundamental drivers of economic growth. The Ministry has been actively engaged in advancing legislative frameworks and rolling out comprehensive initiatives designed to benefit both industrial and creative sectors. The official further highlighted the Ministry’s dedication, in collaboration with both public and private sector partners, to providing essential resources to foster the growth and competitiveness of the IP sector. These efforts are directly aligned with the ‘We the UAE 2031’ vision, which aims to position the UAE among the top 10 global destinations for talent and innovation.

UAE Faces Trademark Infringement Challenge with Bogus Certification Scheme A significant intellectual property and commercial fraud alert has been issued concerning the fraudulent registration and misuse of a prominent international trademark within the United Arab Emirates. An individual linked to a UAE-based entity is reported to have illicitly registered the trademark belonging to a leading global authority on air duct cleaning standards, the National Air Duct Cleaners Association (NADCA). Operating under the deceptive name “NADCA Systems,” the individual is accused of leveraging the reputable NADCA brand and logo to market an entirely illegitimate certification programme to air duct cleaning professionals in the region. This fraudulent scheme exploits the trusted name of the international association, which is widely recognised for its rigorous standards in the industry. NADCA has vehemently condemned these actions, issuing a strong warning to its global membership and the broader industry. The association confirmed that the certification programme promoted by “nadcasystems.com” is entirely unauthorised, lacks any legitimate credentials, and is deemed “completely worthless.” The official statement emphasised that professionals enrolling in this scheme are being defrauded under the false pretence of receiving an officially recognised NADCA certification. The international body’s CEO underscored that such activities represent a profound breach of trust and a direct assault on the integrity and established standards within the air duct cleaning community. NADCA’s authentic certification ensures adherence to best practices for safety, quality, and customer service. The emergence of this fraudulent operation in the UAE poses a risk of diluting the association’s long-standing reputation and potentially misleading consumers into engaging with uncertified service providers. NADCA has urged its members and the wider professional network to report any encounters with “NADCA Systems” and to actively raise awareness about this deceptive practice. The association also reiterated that it does not endorse specific individuals, products, or services, nor does it certify or sell equipment. Any display of the NADCA logo on products or equipment should be considered fraudulent. Industry professionals are advised to conduct business with NADCA Associate Members who are committed to upholding the association’s Code of Ethics. This incident highlights the ongoing challenges in safeguarding intellectual property rights and maintaining regulatory compliance within rapidly developing markets. It underscores the critical need for vigilance among businesses and consumers in the GCC region to identify and report fraudulent schemes that exploit established trademarks and professional standards.

Dubai Customs Reinforces Intellectual Property Protection with Significant Anti-Counterfeiting Operations Dubai, UAE – Dubai Customs has intensified its efforts against counterfeit goods, reporting a series of significant seizures in the first quarter of 2025 as part of its ongoing commitment to intellectual property (IP) protection within the Emirates. These measures underscore the nation’s robust regulatory framework aimed at safeguarding creators and consumers. In the initial three months of 2025, Dubai Customs recorded 68 intellectual property seizures, with the confiscated items holding an estimated value of approximately AED 42.195 million. This follows a proactive year prior, where the authority documented 285 IP-related seizures, valued at around AED 92.695 million. Alongside enforcement, the same preceding period saw the registration of 159 trademarks, 63 commercial agencies, and one intellectual property asset, further solidifying the legal landscape for businesses. The seized counterfeit merchandise included a wide array of products, such as watches, eyewear, electronics, apparel, fabrics, bags, and footwear. In the first quarter of 2025, proactive measures also led to the registration of 439 new trademarks, 205 commercial agencies, and six intellectual property assets, indicating a thriving environment for legitimate businesses to secure their innovations and brands. To bolster its capabilities in combating the distribution of illicit goods, Dubai Customs has been conducting specialized awareness workshops. These initiatives include collaborating with legal experts to provide training to 31 inspectors, enhancing their skills in intellectual property protection and enforcement. These educational programs are crucial for equipping frontline personnel with the expertise needed to identify and address complex infringement cases. The overarching objective of these stringent IP protection measures is to ensure that individuals and enterprises can fully benefit from their innovative ideas and creations. Beyond economic considerations, these efforts are vital for protecting society, the environment, and the wider economy from the inherent dangers and detrimental impacts associated with counterfeit products. UAE’s Legal Stance and Penalties for Counterfeiting The UAE maintains a strict legal stance against the possession and sale of counterfeit goods. Penalties, determined at the court’s discretion, can encompass substantial fines, confiscation and destruction of goods, imprisonment, and potential deportation for offenders. Specifically, Federal Decree Law No. 36 of 2021 on Trademarks outlines severe sanctions for trademark infringement. Article 49 of this decree stipulates penalties for individuals who forge or counterfeit a trademark in a manner that creates public confusion regarding the authenticity of goods or services, whether identical or similar to those protected by the original trademark. Such violations can lead to imprisonment, a fine ranging from no less than AED 100,000 to no more than AED 1 million, or one of these two penalties. Furthermore, the law extends accountability to those who knowingly use a forged or counterfeit trademark for commercial purposes, as well as individuals who knowingly import or export goods bearing such illicit trademarks. The onus of proof often lies with the accused to demonstrate their lack of awareness regarding the counterfeit nature of the goods or to establish that they duly informed the exporter. Ongoing collaborative efforts between Dubai Customs, various governmental entities, and trademark owners are central to preventing the entry and proliferation of counterfeit goods in local markets, reinforcing the UAE’s commitment to a fair and protected commercial environment.

Qatari Ministry Approves “Sphere Doha” Trademarks, Bolstering Regional IP Strategy Doha, Qatar – The Ministry of Commerce and Industry in Qatar has formally approved the trademarks “Sphere Doha” and “Sphere Qatar,” signaling a significant step in the regional intellectual property strategy of a prominent US entertainment company. The approvals, granted early last week, follow applications submitted by the company approximately one year ago. The securing of these trademarks is a foundational legal development for the company’s plans in the GCC. The approved trademarks encompass a wide array of entertainment services, including but not limited to concerts, theatrical productions, cinema screenings, esports competitions, cultural exhibitions, and various sports events. This broad scope demonstrates a comprehensive approach to protecting the brand’s identity and operational activities within the Qatari market. Parallel to the developments in Qatar, the company’s regional strategy extends to the United Arab Emirates. The tourism authority in Abu Dhabi reportedly holds exclusive rights to develop and operate all future “Sphere” venues across the Middle East and Africa for a period of ten years following the opening of the UAE venue. This exclusive commercial arrangement, detailed in a recent regulatory filing, underscores a structured approach to intellectual property licensing and market entry across the broader region. The partnership between the company and Abu Dhabi’s Department of Culture and Tourism was initially announced in October 2024. This dual focus on trademark protection in Qatar and an exclusive rights framework in the UAE highlights the strategic legal measures adopted by the company to establish its brand and operational presence in the Middle East. The trademark approvals by a governmental body represent a key regulatory milestone, enabling the company to proceed with its commercial objectives under protected brand identities.

Ras Al Khaimah Intensifies Enforcement Against Trademark Infringement, Seizing Millions in Counterfeit Goods Ras Al Khaimah authorities have demonstrated a robust commitment to intellectual property protection and market integrity, revealing significant enforcement actions against counterfeit products during 2025. The Ras Al Khaimah Department of Economic Development (RAK DED) reported a substantial crackdown on illicit goods bearing registered trademarks, underscoring the emirate’s dedication to upholding regulatory compliance and consumer safety. Comprehensive Enforcement and Seizures During the specified period, the Commercial Protection Section within RAK DED addressed 937 consumer complaints, achieving a resolution rate of 95 per cent. Notably, 28 of these reports specifically detailed instances of counterfeit products with registered trademarks being distributed within the emirate’s commercial markets. Prompt action followed these complaints, with inspection teams immediately mobilised to investigate. These targeted inspection campaigns resulted in the seizure and confiscation of 666,255 counterfeit items from 71 different shops and commercial outlets. The total estimated market value of these illicit goods was reported to be Dh31,048,729, highlighting the scale of the infringement activities uncovered. Regulatory Commitment and Market Protection RAK DED affirmed that these initiatives are an integral part of its ongoing strategy to enhance market safety, safeguard consumer rights, and ensure strict adherence to prevailing laws and regulations governing trademarks. The department emphasised the inherent risks associated with counterfeit goods, which not only endanger consumers but also severely damage the reputation and competitiveness of legitimate businesses operating within the legal framework. To maintain a secure, transparent, and well-regulated commercial environment across the emirate, RAK DED has urged consumers to remain vigilant and report any suspected violations or instances of counterfeit products. This call to action reinforces the collaborative effort required to protect intellectual property rights and foster a fair marketplace.

UAE Trademark Office Tightens POA Submission Rules, Eliminating Appeals for Non-Compliance Dubai, UAE – The UAE Trade Mark Office (TMO) is implementing a significant procedural update regarding the submission of Powers of Attorney (POAs) for new trademark applications. This shift aims to streamline the application process and address the growing backlog of appeal cases related to non-submission of POAs. Under Federal Trade Mark Law No. 36 of 2021, a notarised and legalised POA is a mandatory requirement for filing new trademark applications, with no statutory grace period for late submission. Historically, however, the TMO introduced an internal circular that allowed applicants a 90-day window from the application filing date to submit the required POA. Failure to meet this deadline typically led to the application’s rejection, though applicants previously held the right to appeal such rejections before the Grievance Committee (GC). This appeal mechanism often allowed for the reinstatement of applications rejected solely due to POA non-submission. Upcoming Policy Revisions While an official announcement is pending, discussions with the intellectual property office indicate that the revised approach is already being applied in practice. The core changes under the anticipated update are: Continued 90-Day Grace Period: The existing 90-day grace period for submitting POAs after the initial application filing will remain in effect. Final Rejection for Non-Compliance: Crucially, failure to submit the POA within this 90-day period will now result in the final rejection of the trademark application. Elimination of Appeal Rights: A key change is the removal of the right to appeal in cases where an application is rejected due to the non-submission of the POA within the stipulated 90-day timeframe. This strategic move by the TMO is understood to be a direct response to the increasing volume of appeal cases, which have placed considerable strain on the TMO’s administrative resources and internal processes. Implications for Trademark Applicants This procedural tightening necessitates a more rigorous approach from applicants and their representatives. It is now imperative to ensure that all required POAs are prepared, notarised, legalised, and submitted well within the 90-day grace period to prevent irreversible rejection of trademark applications. The removal of appeal rights underscores the TMO’s intent to enforce compliance and enhance the efficiency of its examination procedures. The obligation for a legalised POA continues to be a standing requirement under UAE practice, and the broader discussion surrounding the burden of legalisation persists at various policy levels.