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14 May 2019

Procedures and strategies for anti-counterfeiting: Israel

According to the Customs Ordinance, Customs is entitled to detain imported goods that are suspected of infringing trademarks. It is possible, although not mandatory, for rights holders to file a complaint while recording their registered trademarks with Customs. 

17 January 2019

Four key relationships at the heart of Teva’s pharmaceutical trademark management – exclusive interview

Laurence Rickles, chief trademark counsel at Teva, provides tips for successful pharmaceuticals brand rights management, and the four relationships that success depends on.

12 September 2018

Trademark procedures and strategies: Israel

While the Trademark Ordinance predominantly provides protection for registered trademarks, it also protects unregistered well-known trademarks.

24 May 2018

Procedures and strategies for anti-counterfeiting: Israel

According to the Customs Ordinance, Customs is entitled to detain imported goods that are suspected of infringing trademarks. It is possible, although not mandatory, for rights holders to file a complaint while recording their registered trademarks with Customs.

18 May 2017

Procedures and strategies for anti-counterfeiting: Israel

According to the Customs Ordinance, Customs is entitled to detain imported goods that are suspected of infringing trademarks. It is possible, although not mandatory, for rights holders to file a complaint while recording their registered trademarks with Customs. It is highly recommended that such a complaint be filed if the rights holder is aware of specific shipments of infringing goods bound for Israel or if it wishes to bring certain trademarks to the attention of Customs.

30 November 2011

Record sentences imposed in counterfeit drugs case

In State of Israel v Rozenblatt, 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.

25 July 2011

Good faith can be defence to trademark infringement claim

In Tommy Hilfiger Licensing LLC v Shadi, the Nazareth District Court has ruled, among other things, that a claim of 'good faith' may, in appropriate circumstances, serve as a defence to a claim of trademark infringement. However, in the case at hand, the defendant had failed to demonstrate that it had acted in good faith with respect to its use of the plaintiff's mark.

13 July 2011

Customs not liable for costs that cannot be collected from importer

In The State of Israel - Customs Authority v Christian Dior Couture, the Supreme Court has ruled that storage and destruction costs that cannot be collected from an importer of counterfeit goods must be borne by the rights owner. Such costs may be deducted from the bank guarantee provided by the rights owner pursuant to statutory requirements.

11 July 2011

Maximum statutory damages awarded in counterfeit drugs case

In Lilly Icos LLC v Finkelstein, the Tel Aviv District Court has awarded the maximum statutory damages against the principal wrongdoer in a case involving counterfeit Cialis drugs. The court found that the severity of the defendant's conduct tilted the balance towards awarding the maximum statutory damages.

03 March 2011

Trademark owner not liable for storage and destruction costs

In Levi Strauss & Co v Algamal, the district court has held that Levi Strauss & Co, the owner of well-known marks for jeans, could not be held liable for the storage and destruction costs of counterfeit goods seized by Customs. The court concluded that the obligation to provide a bank guarantee did not create liability on the trademark owner’s part to bear the storage and destruction costs of the goods.

08 July 2010

Counterfeiter sentenced to one year's imprisonment

In State of Israel v Hammuda, the defendant has been sentenced to one year's imprisonment for trademark counterfeiting under the Israeli Trademarks Ordinance and forgery under the Penal Law. This sentence departs from the usual practice in trademark counterfeiting cases, thereby reflecting the gravity of the defendant's conduct.

15 October 2009

Counterfeiter convicted in Absolut Vodka Case

In The State of Israel v Yitach, the Jerusalem Magistrates Court has charged an individual suspected of counterfeiting several liquor brands with falsely marking Absolut Vodka bottles under Section 60 of the Trademarks Ordinance. However, the court dismissed the charges in respect of the other brands due to insufficient evidence.

11 February 2009

No damages awarded for shipment of fake watches made in error

In Rolex SA v Balloons and Entertainment Ltd, the Tel Aviv District Court has dismissed Rolex SA’s claim for damages against an Israeli importer of counterfeit Rolex watches. The court held that the importer had discharged its burden of proving that the shipment had been made in error by providing an affidavit by the manager of its Chinese supplier.

18 January 2008

Longest-ever prison term handed down in drug counterfeiting case

In State of Israel v Benjamin, the Tel Aviv Magistrates Court has issued the longest prison sentence ever imposed in a drug counterfeiting case. In determining the sentence, the court took into account, among other things, the risks to public health, the damage to public interest and the loss suffered by the international companies involved.

11 December 2007

Finding of prima facie infringement is sufficient to seize goods

In Dwaik v Customs Authority, the Jerusalem Magistrates Court has dismissed a claim filed by a Palestinian importer for the release of counterfeit Puma and adidas shoes seized by the Israeli Customs Authority. Among other things, the court held that a finding of prima facie infringement was sufficient for the Customs Authority to seize the goods.