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.