Region: Israel

Supreme Court refuses leave to appeal in parallel importation case

In <i>American Eagle Outfitters Inc v Hamashbir Department Stores Ltd</i>, the applicants have been denied leave to appeal from a Tel Aviv District Court decision in which the latter had refused to issue an injunction against the parallel importation of AMERICAN EAGLE-branded products.

24 January 2012

No automatic approval of settlement agreements

An agreement reached in settlement by the parties to an opposition or cancellation proceeding will not be automatically approved by the Israel Trademarks Office, as the parties found out in <i>Ganor v Musikart Ltd</i>. The adjudicator was not willing to agree to a limitation based on the geographic scope of use of the respective marks.

20 January 2012

Burden of proving acquired distinctiveness heavier where mark is descriptive

The Israeli Trademark Office has refused to register the trademark TOUR DE ISRAEL for cycling competitions, holding that it was not inherently distinctive and that the applicant had failed to show that the mark had acquired distinctive character. Among other things, the adjudicator reiterated that the burden of proving acquired distinctiveness is heavier where the mark is on the descriptive/generic side of the distinctiveness spectrum.

12 January 2012

Trademark Office considers right to replace affiant in opposition proceedings

In <i>Gemology Headquarters International v Gemological Institute of America Inc</i> and <i>Mediline Ltd v Reckitt & Colman Ltd</i>, the commissioner has considered the extent to which an affiant, who has submitted an affidavit in opposition proceedings, may be substituted. The decisions suggest that substitution may be permitted even if the new affiant cannot be said to base his/her testimony on exactly the same personal knowledge.

14 December 2011

Record sentences imposed in counterfeit drugs case

In <i>State of Israel v Rozenblatt</i>, the Tel Aviv District Court has imposed unprecedentedly severe sentences on two individuals convicted of multiple offences relating to the sale of counterfeit drugs for the treatment of sexual dysfunction via specialised clinics and over the internet. The court agreed with the prosecution that the circumstances of this case were particularly grave.

30 November 2011

Wrangler obtains injunction against use of W-shaped stitch

In <i>Wrangler Apparel Corp v Crocker 1991 Fashion Systems Ltd</i>, the Tel Aviv District Court has held that use by a local jeans retailer of a W-shaped stitch, which had been registered as a trademark in its name for over 10 years, constituted trademark infringement and passing off in respect of Wrangler Apparel Corp's registered W-shaped stitch mark.

16 November 2011

‘Sparkling vehicle’ not descriptive of car washing services

In <i>Binyamin v Ramzi</i>, the Jerusalem District Court has ruled that the combination of the Hebrew words for 'sparkling vehicle' was not descriptive of car wash services. The plaintiff was held to have acquired the rights in the name Sparkling Vehicle from the defendant and, therefore, the defendant's continued use of the name constituted passing off.

10 November 2011

Supreme Court refuses stay of judgment execution, but stays destruction of packaging

In <i>Anderson Medical Ltd v Unipharm Ltd</i>, the Supreme Court has refused to stay the execution of a district court judgment in which the latter had found that Anderson Medical Ltd, which makes the Memorix nutritional supplement, was liable for the infringement of Unipharm Ltd's mark MEMORIT. The Supreme Court agreed, however, to stay the destruction of the packaging and ordered that the products be stored under Unipharm's supervision.

24 October 2011

Cigarette marks containing variants of same name held to be confusingly similar

In <i>Philip Morris Products SA v Akzionerno Drujestvo (Bulgartabac Holding)</i>, the Supreme Court has reversed the decision of the deputy registrar to allow the registration of the device mark SLIMS EVA for cigarettes and tobacco, holding that it was confusingly similar to Philip Morris Products SA’s EVE device marks.

18 October 2011

Word with "universal" meaning cannot be protected as trademark

In <i>Northern Delis Ltd v Gueta</i>, the Tel Aviv District Court has ruled that the word ‘Baba’ has a "universal" meaning and, therefore, no one can claim exclusive rights in it. One of the troubling aspects of this decision is that the notion of a word having "universal" meaning was not further explained.

05 October 2011

Unlock unlimited access to all WTR content