Questions & Answers
We are the distributors of a brand in GCC. Can we prevent other retailers from selling it?
We are the distributors of major cycling & cycle spare parts brands in GCC.
We have noticed that there are a few shops that sell our brands but have not purchased from us. They are importing from other sources.
Is there any way we can stop that legally?
Greetings.
There are legal options you can explore to address the unauthorized distribution of your brands in the GCC, but the exact course of action depends on several factors. Here's a breakdown:
1. Identify the Legal Basis:
Distribution Agreements: Do you have signed distribution agreements with authorized dealers in the GCC?
These agreements typically grant exclusive rights to sell your brands within a specific territory. A breach of these agreements could be grounds for legal action.
Trademark Protection: Are your brands registered as trademarks in the GCC countries where unauthorized sales are happening?
Trademark registration allows you to take legal action against anyone using your brand without authorization.
2. Gather Evidence:
Document Unauthorized Sales: Collect evidence of shops selling your brands without authorization. This could include photos, receipts, or online listings.
Identify Import Source: If possible, try to determine where these shops are sourcing your products. This information can be helpful in pursuing legal action against them or their suppliers.
3. Course of Action:
Cease and Desist Notice: A lawyer specializing in intellectual property law in the GCC can draft a cease and desist notice. This formally warns the unauthorized sellers to stop selling your brands.
Legal Action: If the cease and desist notice is ignored, you can pursue legal action against the unauthorized sellers and potentially their suppliers. This could involve seeking an injunction to stop the sales and/or claiming damages for lost revenue.
4. Considerations:
Cost and Time: Legal action can be expensive and time-consuming. Consider the potential costs and the value of the sales being lost before proceeding.
Alternative Solutions: Sometimes, negotiating with the unauthorized sellers to become authorized distributors can be a more cost-effective solution.
For further inquiries about your topic, you can reach our office or contact us on WhatsApp.
Yes, we can send them a legal notice and ask them to provide compensation for not asking the original company.
Please contact our office by phone for further details.
Dear Sir,
We understand your situation. In the United Arab Emirates (UAE), several legal provisions and mechanisms may help you address the issue of unauthorized importation and sale of your branded products.
1. Legal Notices:
Send a legal notice to the unauthorized retailers, informing them of your exclusive rights and demanding that they stop selling your products without authorization.
2. Civil Lawsuits:
If the unauthorized sales persist, you can initiate civil lawsuits against the infringing parties for trademark infringement and unfair competition.
3. Customs Recordation:
You can record your trademarks with UAE Customs authorities to prevent the importation of counterfeit or unauthorized products bearing your trademarks.
4. Seek Injunctions:
In case of ongoing infringement, you can seek interim or permanent injunctions from UAE courts to stop unauthorized sales and imports.
We look forward to the opportunity to meet with you.
Kindly feel free to contact us by phone or email for further assistance.
Regards.
Yes, you can stop them and if you already have a registered trademark, then we can file a compensation case against them.
We will discuss more about the procedures in a legal consultation session.
Kindly share your WhatsApp number in order to proceed.
