Trademark Battle Before the Economic Court: Graft Sport v. Majid Al Futtaim

The Cairo Economic Court has appointed a trademark expert to examine the lawsuit filed by Graft for Sport and Entertainment against Majid Al Futtaim Leisure and Entertainment, in order to determine the rightful owner of the disputed trademark "Graft Code" and to establish which party holds priority of ownership.

According to the case files, before ruling on the merits the court assigned the on-duty trademark expert of the Cairo Economic Court a specific mandate: to visit the Trademark Office at the Internal Trade Development Authority and review the files of the two trademarks — "Graft Code" No. 351177, registered to the claimant, and "Graft Code" No. 331851, registered to the respondent — and to report on the classes of goods covered by each mark, the dates and terms of registration, whether either mark qualifies as an internationally well-known trademark, and whether it enjoys protection within the Arab Republic of Egypt.

The court further instructed the expert to establish whether either company had made genuine use of the mark during the five consecutive years preceding the filing of the report, to state any justification for non-use where applicable and, where use is established, to describe its manner and nature — whether direct or through licensing to third parties. The expert must also assess whether there is a substantial similarity between the two marks sufficient to cause confusion, leading consumers to believe that the respondent's products belong to the claimant, and in general to verify the factual elements of the dispute.

The court authorised the expert, in the course of his mission, to approach any governmental or non-governmental body whose records he deems necessary to review, and to hear the statements of the parties and their witnesses without oath. It required the expert to submit his report two weeks before the final hearing, with the parties duly notified and granted access to it, and reserved its decision on costs.

The ruling was issued under the presidency of Judge Mohamed Gouda Mohamed Abu Zeid, with Judges Soliman Fouad Ghobrial and Mona Ibrahim El-Tawila, and court clerk Joseph Mikhail.