<p>The legal and IP Department in Dubai customs secured a unique judgment for  the Claimants (our clients) handing down a decision imposing probably the  largest fine ever in a Trademark customs complaint in Dubai. The Dubai Customs  demonstrated a strong will to combat illicit trade and intellectual property  infringement.&nbsp; Dubai Customs issued a firm decision to seize and destruct more  than 920 master cases of counterfeit cigarettes and further imposed a fine of  1.7 Million Dirhams, i.e. $ 462,811 against the importer of counterfeit  cigarettes through Jebel Ali port.<br /><br /><strong>LEGAL ACTION  TAKEN</strong><br /><br />The shipment comprised cigarettes branded with various  well-known trademarks. The trademarks were owned by three different brand  owners. Al Tamimi &amp; Company took the lead, representing two brand owners in  this action, where it managed to track the container on arrival in Dubai,  assisted in the container preliminary seizure and investigated the same in  coordination with the customs inspectors at Dubai Customs.<br /><br />Eventually,  the customs complaints were officially lodged in July 2011 but the preparatory  work, such as targeting the shipment and inspecting its content, commenced a few  months before complaints were officially lodged. After filing the complaints,  the cases went through further proceedings within the customs authority and  technical support was provided to the Customs, in order to prove the seizures  were in violation of the Trademarks Law and the Customs Law. Finally, we sought  for the confiscation and destruction order and Customs further imposed a hefty  fine against goods which were treated as smuggled  goods.<br /><br /><strong>IMPORTANT TRADEMARK AND ANTI-COUNTERFEITING  PRECEDENT</strong><br /><br />This case sets an important precedent in favor of  trademark owners and encourages right holders to pursue protection from the  Dubai Customs/ IPR unit. It is important to note that Dubai Customs have  considerably strengthened their efforts fighting counterfeit goods and in this  case, Dubai Customs took the initiative to impose a substantial fine against the  importer, which was calculated based on the actual value of goods and nominal  customs tariff thereof.<br /><br />Another objective achieved in this landmark  decision was that Dubai Customs considered enforcing trademark rights against a  cigarette pack that lacked registration of the word mark in the UAE, but enjoyed  registration only for the device. The customs found the registered device was  sufficient to issue a seizure and destruction decision.<br /><br />We are keen to  leverage on this landmark decision to reduce the volume of illicit trade in  tobacco. Dubai Customs proved once again that the enforcing agencies in the UAE  are determined to undertake the necessary action and impose deterrent sanctions  against traders in counterfeit goods.</p>