Region: Israel

In opposition proceedings against the registration of the mark COVERI, the adjudicator has provided useful guidance about the application of Sections 11(5) and 11(6) of the Trademark Ordinance when the opponent does not rely on rights in a prior registration in Israel. Among other things, the adjudicator agreed with the opponent’s argument that the applicant had selected the mark in bad faith.

23 July 2015

In <I>Comité Interprofessionnel du Vin de Champagne v Eden Springs Ltd</I>, the Tel Aviv District Court has held that Eden Springs’ long-term use of the marketing slogan “Water of Eden - The Champagne of Nature” (in Hebrew) for mineral water infringed the Comité Interprofessionnel du Vin de Champagne’s appellation of origin ‘Champagne’ and amounted to passing off and dilution of goodwill.

02 July 2015

In <I>Ophir Tours Ltd v Cruise Travels Haflagot Nofesh Ltd</I>, the adjudicator has allowed Ophir Tours’ motion to file additional evidence in opposition proceedings. Among other things, the adjudicator found that the evidence appeared to be essential for cross-examination, because it addressed the scope of use of the trademark, as well as the investments made in advertising.

24 June 2015

The deputy registrar has refused to register a trademark consisting of a representation of the front view of the iPhone 4, including the home screen and a colourful icon display. The deputy registrar found that the mark represented a product configuration and, as such, was subject to more stringent registration criteria.

23 June 2015

The registrar of trademarks has issued a new Circular Letter setting forth the current policy on the registration of 3D marks consisting of the configuration of products or their packaging. The new Circular Letter departs from its 2008 predecessor in two major aspects, and it remains to be seen whether the new wording heralds a more liberal approach to the registration of product shapes.

26 May 2015

In <I>Diesel SpA v Hoodies Ltd</I>, the Central District Court has issued interim relief enjoining a local retailer from selling a jeans style that allegedly infringed Diesel’s registered design for its 'Fayza' boyfriend jeans. The court held that Diesel had demonstrated <I>prima facie</I> infringement of its registered design and that the balance of convenience lay in favour of granting relief to Diesel, for which denim is a core business.

28 April 2015

In <I>Millenium Marketing Intertrade (1999) Ltd v Farm Chalk Investment Ltd</I>, the Tel Aviv District Court has dismissed an appeal against a decision of the trademark registrar allowing the registration of the device mark CLIP FRESH. The court entertained the appeal despite the fact that the time-limit to appeal prescribed by law had lapsed, holding that the period started running on the date of the decision on costs.

07 April 2015

In <I>Tommy Hilfiger Licensing LLC v Swissa</I>, the Supreme Court has refused to grant an additional hearing in a case concerning the issue of parallel importation. In a unanimous appellate judgment issued at the end of last year, the Supreme Court had significantly relaxed the restrictions imposed by the district court in this case, defining for the first time the scope of permissible use of registered trademarks by parallel importers.

19 March 2015

The registrar of trademarks has held that the word mark HAVE YOU FALLEN ILL? HAVE YOU BEEN INJURED? (in Hebrew) was eligible for registration by a medical rights company, as it had acquired distinctive character through extensive use. The registrar had regard to third-party observations made during the course of the examination, notwithstanding that there is no mechanism under the trademark statute for submitting third-party observations.

24 February 2015

Prior to filing a trademark application, it is recommended that a clearance search be conducted to confirm the availability of the proposed mark for registration in Israel and assess the possible risks of trademark infringement by using the proposed mark.

13 February 2015