Our client, Jalal Bonduq & Co., a company registered under the laws of Jordan for export and import of foodstuff, has imported candies and chocolate products from the Turkish company, ELVAN GIDA SANAYI VE TICARET ANONIM SIRKETI (Elvan), bearing the design marks “ELVAN Jelaxy” and “ELVAN TODAY”.
The previous distributor of the Turkish company, AWAJ Company for Investment and International Trade (NAJWAN), registered the word mark “ELVAN” without approval or knowledge of the Turkish company on 21 June 1999 under class 30 in Jordan.
As a result of canceling the distribution agreement between Elvan and NAJWAN, the latter filed a criminal case again the Jalal Bonduq & Co. and obtained a seizure order and seized the products value US$300,000.
We filed an appeal against the seizure order within the legal term of 8 days claiming that ELVAN is part of the manufacturer name which was established for more than 130 years and the trademarks appearing on the products are “ELVAN Jelaxy with color design, “ELVAN TODAY with color design” and “ELVAN Toffix with color design”. Plus, the word ELVAN in Turkish means colors and our client has registered its translation (ALWAN) in Jordan. After full litigation the Court issued a decision to cancel the seizure order and release the products. NAJWAN filed an appeal, but it was rejected.
We note that Courts in Jordan rarely issue a decision to cancel a seizure order.
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