Legal Help Desk
The Agony Uncle column is helmed by our seasoned legal consultants with deep expertise in corporate law and compliance, offering practical solutions to complex business legal issues.
The Agony Uncle column is helmed by our seasoned legal consultants with deep expertise in corporate law and compliance, offering practical solutions to complex business legal issues.
Question: Copycats are using our name/logo on marketplaces/social media—what enforcement route gives the quickest real-world result (takedowns, customs recordal, court action, settlement)? Answer When copycats appear, speed depends on three factors: Where the infringement is happening • What rights and evidence you already have • What outcome you actually want (removal, deterrence, damages, seizure) In practice, the fastest wins […]
Question: “Someone filed a mark similar to ours after we started using the brand—can we stop them, and what proof of earlier use do we need?” Answer Yes—often you can stop them, but the best route depends on where their mark sits in the lifecycle (filed vs published vs registered) and how strong your prior-use evidence is. […]
Question: “When a bank review is delayed after a company change its name, ownership, management or signatories, real business starts to suffer: payments get stuck, payroll timing becomes risky, cheques/cards stop working, collections bounce because the account name doesn’t match, or the bank temporarily restricts activity. What are the practical steps a business can take—legally and cleanly—to keep day-to-day operations running […]
Question: “In UAE corporate housekeeping, we keep hearing ‘your resolution format is not acceptable’—even when the decision itself is straightforward. Why do board/shareholder resolutions that work for one entity (or one authority) get rejected for another, especially across mainland vs free zones vs DIFC/ADGM? What’s the practical way to choose the right type of resolution (board vs shareholder), […]
Question: “We have a clean cap table and a simple plan on Excel—move shares from A to B, adjust capital (if needed), tidy the structure—and yet the process keeps getting delayed or rejected. Authorities ask for extra approvals, notaries raise execution issues, and banks ask fresh control/UBO questions. In UAE practice, what are the most […]
Question: “Our trademark search shows a similar mark—how do we decide if we fight, tweak the brand, or file smartly to reduce rejection/opposition risk?” Answer When a search shows a similar mark, the decision is not “file or don’t file.” It’s risk triage + the cheapest path to a defensible outcome. Here’s the method that works in practice. […]
Question: “I got a legal notice saying my brand name/logo infringes someone else’s trademark—what should I do first, and what should I absolutely not do?” Answer If you’ve received a trademark infringement notice (cease & desist / legal notice), treat it as a formal legal risk-management matter: avoid reactive responses, avoid replying emotionally, and do not “fix” things in a […]
Q: I’ve been with my DIFC-registered employer for over two years, but they just enrolled us in DEWS this month (November). Now that I’ve resigned, how does DEWS work, and is it different from the End of Service Gratuity? A: Great question—let’s break it down for you! Yes, DEWS (Dubai Employee Workplace Savings) is different […]
Question: “We’ve just signed a big supply contract, but now the vendor is delaying deliveries. The agreement doesn’t clearly define penalties for delays. Is there a way to fix this or protect ourselves moving forward?” Answer: Ah, the classic “missing penalty clause” predicament—a favorite among vendors who test your patience and inventory levels simultaneously. First, […]
In supply contracts can we include penalties for delays? End of Service Gratuity or DEWS: What do I get from my DIFC employer? Jurisdiction Clause: Safeguarding Interests in International Contracts Force Majeure Clause in Contracts: Being Prepared for the Unexpected The Hazards of Using Standard Templates for Contracts Partnership Agreements: […]
Question: “We’ve heard about companies getting burned by poorly drafted termination clauses. For instance, in Project X, the builder terminated the contract, leading to significant delays and legal battles. Similarly, some small firms have been pressured into long-term contracts with hefty termination fees, causing financial strain. We’re worried about facing similar issues. How can we […]
Question: “We thought we were being careful, but boy, were we wrong. We signed an NDA with a potential vendor before discussing a new product launch. Everything seemed fine—until six months later, we found out they’d pitched a remarkably similar product to one of our competitors! We pointed to the NDA, but it turned out […]