The newly appointed speaker of the House of Federation (HoF), Keriya Ibrahim, decided the handing over of the judgment which the house refuses to deliver for the past ten months. The four years trademark saga between Six Continents and Crown hotel were finally decided by the house in favor of the Six Continents, the subsidiary of Crown Plaza, on its September, 2017 session.
Mihretab Leul, lawyer of the Six Continents, appealed to the house for constitutional interpretation opposing the Supreme Court’s Cassation Bench decision. Even though the house interpreted the constitution in its favor, the judgment remains unexecuted as the legal department of the House refrains from handing over the judgment for the applicant.
The case started with the application for registration of Crown Plaza Brand to the Intellectual Property Office (IPO) by Six Continents. The office initially rejected the application of the company stating that there is another same business registered with similar name in Ethiopia.
The oversees brand appeal to the tribunal of the office and get a favorable decision which causes an appeal for the Federal High Court by the owner of the local brand, Zewditu Mesfin. The Court affirms the decision of the tribunal which led the local Crown to apply for the Federal Supreme Court Cassation Bench.
The bench, which consists of five judges to look into Legal errors of lower court only, reverses the decision of the lower court stating that the co-existence of both Crown Hotel and Crown Plaza would create confusion in the mind of a reasonable customer.
Mihertab Leul, on behalf of Six Continents, applied to the Council Constructional Inquiry (CCI), to interpret the constitution.
Basing on the recommendation of the CCI, which consists of 10 legal experts, the house approved the recommendation of the experts which states the Cassation bench overpasses its power to resolve errors of law and deals with the factual errors itself. Also the house said that the bench should return the file back to the lower court for revision if it thinks there are irregularities rather than entertaining the irregularity itself.
Miheratab was making multiple requests to the house and the Legal department looking for the copy of the judgment. After the appointment of the new Speaker of the House, Keria, the lawyer of International Crown applied the delivery of the judgment.
The house finally handed over the judgment for the applicant following the Decision of the House.