In his decision regarding the preliminary injunction submitted by Al-Rajeh Manufacture for Soaps and Chemical cleaners to cease and desist Al-Bareeq for cleansers and marketing Co. from using the trademark "AL-BAREEQ", the Judge of summary matters in Jenin ruled that ruling in Al-Rajeh motion touches an issue of material fact of which the judge of summary matters lack the jurisdiction to address within his judgments. Accordingly, he decided to dismiss the motion.
Representing Al-Rajeh Manufacture, we have appealed the Judge of summary matters decision on the basis that the Palestinian legal system has granted the Judge of summary matter the jurisdiction to decide on matters where there are grounds for fear of the occurrence of prospective damages by reason of delay and this shall not prevent the judge on the merits from looking into the motion as a corollary of the original claim.
The Court of appeal decision was in competence with our claim and decided to revoke the appealed decision and ordered the adversary to cease and desist any use of the trademark "AL-BAREEQ" until the issuance of a final decision in the to-be filed case, regardless the adversary's commercial name which is consisted of the term "Al-BAREEQ".
