Public Prosecution vs Gulf Media Company

Subject Matter:

• Trademark infringement and unfair competition claim concerning the alleged unauthorized use of registered trademarks and related symbols of sports clubs and a national football league in a media application and website.

Facts of the Case:

• The public prosecutor filed a case before the Commercial Court alleging that a local media company had infringed the intellectual property rights associated with several Saudi football clubs and the Saudi national league. The prosecution claimed that the company used names, logos, and league symbols in its “sports news and statistics” application and website without authorization, thereby violating the Saudi Trademark Law and misleading the public. The defendant argued that the use was descriptive and informational, not commercial, emphasizing that the content merely referred to sports statistics and match results. The defendant also stated that it had obtained a data-use agreement with an international sports statistics provider, allowing it to display performance data lawfully.

Final Verdict:

• The Commercial Court ruled to dismiss the charges and found no infringement. It held that the defendant’s use of the league and club names did not constitute a misleading or deceptive commercial act under Article 42 of the GCC Trademark Law. The court reasoned that:

1. The marks were not used to promote the defendant’s own goods or services but only for reference in news and statistics.
2. There was no evidence of bad intent to mislead consumers or to unfairly benefit from the reputation of the registered trademarks.

Accordingly, the court decided not to convict the defendant.

Analysis and Observations:

• The judgment reflects a balanced interpretation between protecting intellectual property rights and preserving legitimate informational use. The court correctly differentiated between commercial exploitation and descriptive reference intended for sports news.