Iraq- infringement of TIR
trademark in class 34
The
trademark TIR is a well-known brand of cigarettes, and in high
demand in Iraq and Iran.
The registered owner of TIR is manufacturing his products in
Bulgaria, which then get sold in Iraq, but make a transit through
Jordan. The mark is duly registered in Jordan and Iraq.
A third party is purchasing from the same source and selling in
Iraq; furthermore he follows the same route of transport. Due to
the fact of the unstable legal and security measures that are
available at the moment in Iraq, our client could not stop this
illegal sale in Iraq or the shipment through Jordan, and has thus
suffered damages.
It is recorded that over 100 containers have been transported from
Jordan to Iraq.
Through different law firms, the client tried to stop this illegal
flood of cigarettes under the trademark TIR, but had been
unsuccessful.
Our client became aware through his own resources of a shipment
arriving at the Aqaba Jordan port and due to depart for transit to
Iraq. We were able, through our trusted avenues and wide
experience, which lead us to use the Goods Mark's Law, to stop
these shipments. We have filed a criminal proceeding and obtained
injunctions from the Judge of Urgent Matters delivered to Customs
Duty. In detail, the shipment traveled through Aqaba customs and
into Iraqi borders. The shipment was stopped at the Jordan/ Iraq
border. The container remained in the custody of Customs on the
truck. It resulted in the defendant being forced to pay the
freight rate for a long length of time. The truck and container
remained under custody of Customs until the end of prosecution.
As a result of the truck having been in the heat in Customs, the
tobacco started to lose its moisture. In order to allow the
release of the container from Aqaba to Iraq, the defendant
deposited a guarantee of $300,000 USD. Furthermore, if the
shipment did not leave Jordan, the money would be forfeited. In
light of the above situation, the infringer was forced to sign an
agreement with the following conditions:
- The defendant agreed to pay upfront compensation of $50,000
- The infringer signed over the TIR cigarettes container to our
client.
- The infringer undertook not to engage in the future with any
conflicting activity that relates to our clients' trademarks.
Thus, we have agreed not to submit additional evidence so they can
be lenient and give minimum sentencing. And therefore the bank
guarantee will be released.
Because of our hard work and experience at hand, we stopped
container # 101. Our client is happy as his trademark is not
illegally used in the Iraqi market any longer.
Cape
Verde updates- New Trademark Law
Cape Verde:
Western Africa, group of islands in the North Atlantic Ocean, west
of Senegal. It gained its independence in 1975.
The authorities have recently issued a new IP law for the
registration of intellectual property rights, which came into
force as of March 2006, and it became possible to register
trademarks as of that date.
In the past, the only means of protection was a cautionary notice.
The filing requirements will be issued in the next newsletter.
For further
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news@qumsieh.com
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Newsletter: May