A man charged with infringement of a trademark stands acquitted after the court finds that the company registered the trademark a year after the alleged crime.
Rejecting the case, the Lower Criminal Court said for a trademark to remain valid, its owner should first register it as per legal procedures.
“As such, this incident is not punishable by law, for the charge against the defendant was made a year prior to registering the trademark with the Ministry of Industry and Commerce.
Accordingly, the court acquits the defendant of the charge,” the court ruled.
Court files say the company accused the man of illegally using a trademark owned by them on an app, misleading customers, based on which the Public Prosecution referred him to a trial court in 2020.
The man, however, denied the charges, where his lawyer, Dr Mohammed Al Kooheji, told the court that the alleged crime occurred a year before trade mark registration.
The lawyer told the court that the company registered the complaint in August 2020, which precedes the date of the trademark creation in August 2021.
“The app developed by the defendant, an Asian national, was not an alternative to the company’s app but was for requiring customers to register as a prerequisite for using the application.
The defendant, the lawyer said, had presented this idea to the company’s officials, but the company surprised him by filing a complaint.
“Furthermore, the app was not in use and hence no damage to the plaintiff, as it was taken down after receiving a notice.