Dubai court dismisses trademark lawsuit after claimant fails to pay Dh60,000 expert fee
A Dubai court dismissed a trademark lawsuit because the claimant failed to pay the required Dh60,000 fee for a court-appointed expert.Summary
The Dubai Court of First Instance dismissed a trademark infringement lawsuit after the claimant failed to deposit Dh60,000 for a court-appointed expert. The court ruled that this failure forfeited the claimant’s right to use technical evidence, leading to the dismissal of the case and an order to pay all legal fees. The claimant, owner of a registered trademark for goods including leather and clothing, had accused the defendants of selling counterfeit products and infringing on his commercial rights. While he provided trademark certificates and product photos, the defendants challenged the evidence and legal standing.
The court appointed an expert committee to assess trademark ownership and potential consumer confusion, requiring a Dh60,000 deposit from the claimant. When the claimant failed to pay and requested a reduced fee, the court rejected the request. The court emphasized that failing to pay the expert fee meant the claimant could not rely on the expert’s findings, and that the burden of proof rested with the claimant.
Ultimately, the court found the submitted documents insufficient to prove infringement without the expert’s assessment, concluding that the claimant had failed to prove his case and dismissing the lawsuit.
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