In one cancellation suit before the Iraqi courts, the claim rested on a well-known cartoon character. Three moments in the file show why the framing matters.
First, the foreign agent asked for the draft statement of claim to be revised so that it referred to copyright.
Second, the three experts reported in our client's favour, confirming that the character is well known and internationally protected in the client's name.
Third, the defendant's lawyer produced a group of other marks containing the same word, and confusion arose at the hearing. The experts were asked for a supplement, which stated that those marks have no relation to the case, because the basis of the claim is the character and not the word.
If your brand is a character:
- Tell your Iraqi lawyer at the outset that the claim rests on the character and copyright.
- Send your character registrations and proof of fame with the instructions.
- Be ready for the other side to rely on unrelated word marks, and for an expert supplement to answer them.
Facing a copy of your character in Iraq? Our team can assess the claim with you.