Region: Israel

Supreme Court denies additional hearing of appeal in charities dispute

In <i>ORT Israel v World ORT</i>, the Supreme Court has refused to grant an additional hearing of the appeal won by World ORT against ORT Israel in a dispute involving the use of the name ORT in Israel. Contrary to the petitioner’s arguments, the Supreme Court found that no novel law had been laid down in the appellate decision under review.

03 June 2011

Supreme Court affirms refusal of interim injunction against former distributor

In <i>Anton Hubner GmbH & Co KG v Super Medic (Medic Light) Ltd</i>, the Supreme Court has refused an application for leave to appeal the district court’s refusal to grant the owner of the trademark ORIGINAL SILICEA an interim injunction against use of the mark SILICA+D by a former distributor.

27 May 2011

Superior rights can be established based on abandoned trademark application

In <i>Antipod Investments Ltd v Jerusalem Winery Agricultural Cooperative Society Ltd</i>, the patents and trademarks adjudicator has ruled that superior rights in a trademark can be established in an <i>inter partes</i> proceeding on the basis of a long-abandoned trademark application.

24 May 2011

Dairy manufacturer wins appeal over use of ‘refined’ for cheese

In <i>Tnuva Agricultural Cooperative for the Marketing of Agricultural Products v Arava Foods Ltd</i>, the Supreme Court has reversed the district court’s refusal to enjoin Arava Foods Ltd from using the image of a country house and the word mark MEUDENET (Hebrew for 'refined') for cream cheese.

13 May 2011

Distributor prevented from using mark - even though it owns it

The Jerusalem District Court has issued an interim injunction preventing Israel Auto Equipment Investments Ltd, the former distributor of Mobileye Technologies Limited’s car accident prevention systems, from using the mark AWACS in connection with a new accident prevention system. The court found that the AWACS mark was associated only with Mobileye's products, despite the fact that the distributor had registered the mark in Israel.

03 May 2011

‘Shadow man’ mark not infringed by ‘fedora hat’ logo

In <i>Red Hat Inc v Start Commercial Ltd</i>, the Tel Aviv District Court has rejected Red Hat Inc’s claim that the respondent’s logo, which includes a tilted fedora hat, infringed Red Hat’s 'shadow man' trademark or constituted passing off. Among other things, the court held that Red Hat’s fedora hat, by itself, was not well known in Israel.

26 April 2011

Jeweller prevents competitor from copying bestseller ring

In <i>H Stern Comercio e Industria SA v AN Arneel</i>, the Tel Aviv District Court has issued a permanent injunction preventing the defendant from copying H Stern’s Giuliana diamond ring. However, while the court found that the defendant had infringed H Stern's copyright, it concluded that there was no likelihood of confusion between H Stern's five-pointed star and the defendant’s six-pointed star for trademark infringement purposes.

20 April 2011

Puma successfully opposes registration of leaping tiger for clothing

In <i>Puma AG Rudolf Dassler Sport Germany v City Wash Ltd</i>, the Israeli Trademark Office has upheld an opposition by Puma AG Rudolf Dassler Sport Germany against the registration of a device mark including the silhouette of a leaping tiger for clothing, footwear and headgear, on the grounds that it was confusingly similar to Puma's well-known 'leaping cat' mark.

18 April 2011

Four-striped shoes infringe three-stripe mark despite different trade name

In <i>adidas Salomon AG v Ghantos Shoes Company Ltd</i>, the Tel Aviv District Court has held that the defendant's four-striped shoes infringed adidas Salomon AG's three-stripe mark. The court found that the word 'Orbit' on the defendant's shoes did not eliminate the risk of confusion, as it could also designate the name of a shoe model by adidas.

05 April 2011

Use of mark as part of trade name does not constitute use as a trademark

In <i>Off Oz Industries (1991) Ltd v Off Tenne Meat Enterprises Ltd</i>, the IP adjudicator has cancelled the device mark OFF TENNE on the grounds of non-use at the request of an unregistered user of the mark. The adjudicator rejected the trademark owner’s argument that use of the mark within its corporate name should be deemed “use as a trademark”.

22 March 2011

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