Region: Israel

Amendments 17 and 20 to the Pharmacists Ordinance, which will come into effect on August 1 2012, will require that pharmaceutical labelling indicate the brand name of the product not only in Hebrew and English, but also in Arabic and Russian. In light of the new labelling requirements, it is advisable to apply for trademark registration for the product name in each of the four languages in order to ensure optimal protection for the brand.

19 April 2012

In <i>Dadon-Yifrach v AT Snap Ltd</i>, the Supreme Court has upheld a district court decision finding that there was no likelihood of confusion as to origin when the defendants sold copies of several of the plaintiff's designs alongside her original creations. Nevertheless, the court recognised that the defendants' conduct could give rise to other causes of action.

28 March 2012

In <i>Tommy Hilfiger Licensing LLC v Schwartz</i>, the district court has found a retailer liable for trademark infringement and passing off for trading in counterfeit goods, even though the latter claimed that he had bought the goods in good faith. However, the court did not rule out the availability of a good-faith defence in limited circumstances.

21 March 2012

In <i>Upcoming TM SA v European Sports Merchandising BV</i>, the Tel Aviv District Court has reversed a decision of the trademark registrar to refuse the registration of the mark KILLAH on the grounds that it was confusingly similar to the registered mark KILLY. Among other things, the court held that the opponent's goods (skiing sportswear) were substantively different from the applicant's goods (clothing for young women).

15 March 2012

In <i>Gizeh Raucherberdarf GmbH v Greek Cooperative Cigarette Manufacturing Company SA - SEKAP SA</i>, the registrar of trademarks has refused to register two device marks that included the word 'Cooper' in respect of cigarettes on the grounds that they were confusingly similar to an earlier mark consisting of the stylised word 'Cooper', registered in respect of tobacco, smokers' articles and cigarette papers.

08 March 2012

In <i>Kraft Foods Global Brands LLC v Y Merba Israel Ltd</i>, the Supreme Court has reversed the district court's dismissal of a passing-off action brought by Kraft Foods Global Brands LLC against the retailers of Go-Go's sandwich cookies for allegedly copying the trade dress of its Oreo cookies.

17 February 2012

In <i>Dahan v GROB Yazamot Ltd</i>, the Tel Aviv District Court has dismissed an action for injunction and damages brought by the owner of the trademark ATNACHTA (meaning 'pause' in Aramaic), who had formerly operated a restaurant in Jerusalem under that name, against a party operating a café under the same name in another city.

14 February 2012

In <i>Yatir Winery Ltd v Asher Bentulila</i>, the Jerusalem District Court has rejected a motion for interim injunction filed by the owner of a lion's head device for wines against use of a lion's head device for liqueurs. Among other things, the court held that the balance of convenience tilted in favour of the respondent, as any damage caused to it as a result of an injunction would be unjustified, while the damage to the petitioner was compensable.

06 February 2012

In <i>Eveready Battery Company Inc v Registrar of Trademarks</i>, the Tel Aviv District Court has affirmed the refusal to register the advertising slogan 'free your skin' on the grounds that it was descriptive of shaving products and razors. However, in doing so, it recognised that slogans may be inherently distinctive. Following the decision, the registrar of trademarks revoked a 2004 Circular Letter setting stricter standards for the examination of slogans.

02 February 2012

In <i>The Opposition of Guri Import and Export Ltd v Alias Waxman Ltd</i>, the patents, trademarks and designs adjudicator has ruled that an unregistered mark, which is not a well-known mark, may nevertheless serve as the basis for refusal of a trademark application on the grounds of likelihood of confusion.

26 January 2012