In one of the most strategically significant intellectual property enforcement efforts of the year at M&CO Legal, the firm’s Intellectual Property Division within the Dispute Resolution Team successfully represented a regional e-commerce leader in three coordinated IP infringement cases before the competent UAE courts — achieving favorable, final, and binding outcomes in all three.
Background
The client discovered that several unrelated entities had adopted confusingly similar trade names and trademarks derived from its well-established brand identity. These entities had proceeded to register and operate under names that mirrored the client’s brand elements and business model in UAE and GCC — creating a clear likelihood of confusion in the market and threatening the client’s brand equity and consumer trust.
Despite more than two years of cease-and-desist communications and direct settlement efforts, the infringing entities continued using and registering derivative names, prompting the initiation of formal legal action.
Legal Strategy
Recognizing the interconnected nature of the three cases, M&CO Legal developed and executed a unified litigation and enforcement strategy to ensure both consistency and efficiency across the matters.
The firm’s approach involved a combination of pre-litigation investigation, evidence consolidation, and simultaneous court filings to strengthen the client’s position and demonstrate the pattern of infringement. Each case was carefully coordinated in its timing, structure, and legal reasoning to present a cohesive argument before the UAE courts.
Comprehensive Statements of Claim were filed, asserting the following key legal grounds:
• Article 55 & 65 of Federal Law No. 50 of 2022 (Commercial Transactions Law) – prohibiting the use of similar or derivative commercial names within the same field of activity;
• Article 49 of Federal Law No. 36 of 2021 (Trademark Law) – addressing imitation of registered trademarks, likelihood of confusion, and acts of unfair competition; and
• Article 8 of the Paris Convention – protecting commercial names from imitation and unfair competition, even if unregistered, across member states.
The filings were supported by an extensive evidentiary package, including:
• Certified trademark and trade name registration certificates in the UAE and abroad;
• Screenshots and documentary proof of actual use by the infringing parties;
• Expert and administrative decisions confirming the overlap and imitation; and
• Market evidence demonstrating consumer confusion and reputational harm.
The litigation strategy emphasized both substantive and procedural strength — establishing the client’s priority of registration, well-known mark status, and cross-border use, while also filing for precautionary measures to prevent further misuse during the proceedings.
In parallel, the team initiated structured settlement discussions with the adverse parties, leveraging the strong procedural position created through litigation to encourage resolution under enforceable terms.
Outcome
Within four months, all three cases were resolved through amicable yet binding settlements, each incorporating decisive enforcement terms. The adverse parties:
• Ceased all use of the infringing trade names and trademarks immediately;
• Cancelled all registrations — by withdrawing or cancelling trademark applications and registrations, or amending their trade licenses with the relevant authorities to avoid similariy; and
• Committed through binding undertakings not to use, register, or seek registration of any identical, similar, or derivative mark in the UAE or any other jurisdiction.
These settlements marked the successful conclusion of disputes that had remained unresolved for over two years prior to M&CO Legal’s involvement. The outcome ensured complete cessation of infringement and full restoration of the client’s brand exclusivity without the need for prolonged trial proceedings.
Significance
This series of victories demonstrates how a well-coordinated, evidence-driven, and assertive enforcement strategy can transform entrenched disputes into definitive and enforceable outcomes.
By aligning legal arguments, timing, and evidence across multiple cases, M&CO Legal was able to deliver a comprehensive brand protection result covering trade name, trademark, and commercial use — reinforcing the client’s market position and deterring future infringement.
It further exemplifies how litigation strength can be used as a strategic negotiation tool, leading to efficient resolution while maintaining pressure through strong procedural posture.
In intellectual property enforcement, strategy, teamwork, and precision remain the cornerstones of success. When the foundation is right — the outcome follows.
Closing Note
This outcome underscores M&CO Legal’s ongoing commitment to protecting and enforcing intellectual property rights in the UAE and wider region. Through technical expertise, strategic foresight, and practical execution, the firm continues to deliver impactful and sustainable results for clients across diverse industries — setting benchmarks for effective IP enforcement and brand protection in the Middle East.
Disclaimer
This publication does not provide any legal advice, and it is for information purposes only. You should not rely upon the material or information in this publication as a basis for making any business, legal, or other decisions. Any reliance you place on such material is therefore strictly at your own risk.
