Public Prosecution vs Jumeirah Hotel

Facts of the Case:

• The Public Prosecution filed a case before the Commercial Court alleging that a local hotel had infringed a well-known international trademark by using its name in Arabic and English signage, marketing materials, and electronic platforms without obtaining a license or authorization from the trademark owner. The prosecution relied on the Saudi Authority for Intellectual Property’s investigation, which confirmed that the hotel used the protected mark for commercial promotion and hospitality services identical to those offered by the trademark owner. The defendant argued that the name used by the hotel was derived from a historical coastal region and was not intended to imitate or exploit the international brand. It claimed that the mark’s use was descriptive and reflected local heritage, not a commercial attempt to confuse or mislead consumers. 

Final Verdict:

• The Commercial Court found the defendant guilty of trademark infringement. The court held that:

1. The hotel used a mark identical to the well-known registered international mark for identical services, creating a likelihood of confusion among consumers.

Accordingly, the court ordered the defendant to cease using the mark, remove the infringing signage, and pay a fine of 50,000 riyals under Article 42(2/a) of the Saudi Trademark Law.

Analysis: 

• The ruling aligns with the GCC Trademark Law, confirming strong protection for registered marks and well-known marks. The court rightly emphasized consumer confusion as the core test for infringement.