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02 July 2019

How AI will revolutionise trademark searches

Researchers from Ben-Gurion University of the Negev, Israel have looked at how advanced AI tools will transform the way in which trademark searches are conducted in the future – and, in an exclusive guest post, expand on what this means for trademark practitioners.

18 November 2016

A change for '.il' domain names

The Israel Internet Association – the registry responsible for running the '.il' namespace – recently announced that the registration and management of '.il' domain names would move to a registrar model. The move took effect this month, when ISOC-IL transferred the registration and management role for all '.il' domain names to accredited registrars.

30 November 2015

District Court dismisses trademark infringement claim against Google based on forum non conveniens doctrine

In Dead Sea Premier v Google Inc, the Tel Aviv District Court has dismissed a claim brought by Dead Sea Premier against Google Inc, Google Ireland and several Israeli defendants for trademark infringement committed via Google AdWords and Google Shopping. The court held that Israel was a forum non conveniens and that the action should be brought in the United States because, among other things, the relevant trademarks had expired in Israel but remained registered in the United States.

01 December 2014

Supreme Court issues landmark decision on parallel imports

In Swissa v Tommy Hilfiger Licensing LLC, the Supreme Court has defined the scope of permissible use of registered trademarks by parallel importers. The court adopted a relatively liberal approach to parallel imports, but nonetheless imposed restrictions on the activities of the parallel importer. The court also addressed other important concepts, such as dilution and use of another’s trademark in domain names and as keywords.

06 September 2013

District Court overturns lower court's decision on use of personal name as keyword

Overturning the Tel Aviv Magistrate Court's decision, the District Court has ruled that Proportzia was entitled to use the name of the plaintiff, Dr Klein, as a keyword in Google's AdWords service, provided that the search results were not misleading. As Dr Klein's name had become known as part of his business, there was no difference between using his name and using a trademark.

02 November 2012

Court considers use of descriptive mark as Google AdWord

In Lametayel Travel Center Ltd v KKSH Ltd, the Tel Aviv District Court has held that use of the mark ODAFIM LAMETAYEL ('outlet for the traveller') for an online store infringed the well-known registered mark LAMETAYEL ('for the traveller'). Among other things, the court held that use of the plaintiff's mark as a Google AdWord was infringing as internet users would not be able to distinguish between the parties.

16 September 2010

Supreme Court refuses to order Google Israel to disclose user's details

In Google Israel Ltd v Brokertov Ltd, the Supreme Court has overturned a district court decision ordering Google Israel to disclose the details of a Gmail user who had allegedly infringed the plaintiff’s trademarks. The Supreme Court held that Google Israel, which did not operate the Gmail service, was not the appropriate party.

01 March 2010

Different types of websites distinguished in passing-off action

In Effective Advertising Ltd v Interactive Advertising Ltd, the District Court of Nazareth has ruled that a distinction should be made when examining the evidence needed to establish reputation in a passing-off action on the basis of online use of a trademark. The court distinguished between websites that provide opinions and those that provide only factual/technical information.

01 July 2008

Trademark rights prevail against domain name rights

In Expedia Inc v Yekotiali, the Jerusalem District Court has held that where a party to proceedings owns a registered trademark and the counterparty owns a registered domain name consisting of a word identical to the registered trademark, the trademark owner will always prevail.

24 January 2006

PLAY65 claims do not play well in court

In Interlogic Ltd v Empire Online Limited, the Tel-Aviv District Court has denied a motion for interim relief for protection of the mark PLAY65 under the claims of passing off, unjust enrichment or unfair interference. The court found that the mark was descriptive and had not acquired any distinctive character through use.

28 November 2005

Differences of opinion to domain name jurisprudence highlighted

In THK Co Ltd v Europeanet GmbH, the Advisory Committee Panel of the Israel Internet Society has ruled in favour of the complainant in a case involving the domain name 'thk.co.il'. The decision is notable in that although all the members of the panel agreed on the result, their reasoning differed significantly as to the appropriate jurisprudence for resolving a domain name dispute.

22 February 2005

Reseller may not use AHAVA mark in domain name

The Tel-Aviv District Court has prohibited a company and its owners from using the domain name 'ahavashop.co.il' to host a website that resells products bearing the AHAVA trademark. The court held that it was not necessary to include the mark in the domain name.

24 November 2004

US decision against Israeli infringer enforceable in Israel, court rules

The District Court of Jerusalem has declared enforceable in Israel a trademark infringement ruling issued by a US district court against the operator of a website run from Israel. The Jerusalem court held that (i) the US ruling did not contradict public order in Israel and was thus enforceable, and (ii) the links between the website and the United States were sufficient to give the US court jurisdiction in the first place.

20 January 2004

Magazine told off for claiming rights to 'parents' domain name

The District Court for Tel-Aviv-Jaffa has rejected Horim V'yiladim Publishers Ltd's contention that Tsa'ad Rishon Company Ltd's registration of the domain name 'horim.co.il' ('horim' meaning 'parents') infringed its trademark rights in its magazine title Horim V'yiladim (meaning 'parents and children').

01 December 2003

Israeli Bar Association's rights in HAPRAKLIT upheld by court

In Israeli Bar Association v Ben-David, the Tel Aviv District Court has issued an order preventing two separate defendants from using the word 'Hapraklit' (meaning 'lawyer') in their domain names. The court held that although the domain names were registered prior to the plaintiff's application to register the mark HAPRAKLIT, it had rights in the mark as a result of extensive use.