Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
 
Israel
The remedies available against trademark infringement are as follows:

  • injunction;
  • damages caused to the trademark owner, including lost profits or the profits unjustly made by the defendant; and
  • any other remedy that the court may deem fit, including an order for the destruction of infringing good and an order for the transfer of infringing goods to the trademark owner.

Anton Piller type orders are also applicable in interlocutory proceedings.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
7.2
What remedies are available against trademark dilution?
 
Israel
A court may grant any of the aforementioned remedies against dilution within the framework of protection of well-known trademarks under the Trademark Ordinance. However, the only available remedy for infringement of a non-registered well-known trademark is an injunction. Otherwise, no explicit provisions of law relate to dilution, although the Chattels Law and Unjust Enrichment Law might be applicable for protection from certain forms of trademark dilution and unfair competition. The Chattels Law provides for an injunction, whereas the Unjust Enrichment Law entitles the plaintiff to defendant’s profits.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
 
Israel
Not explicitly.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
7.4
What is the procedure for pursuing claims for trademark infringement?
 
Israel
It is customary, but not obligatory, to send a cease and desist letter prior to filing a lawsuit. If the infringement continues, the trademark owner may bring an infringement action in court. This action will involve:

  • submission of pleadings;
  • preliminary procedures;
  • submission of evidence (in the form of affidavits and possibly expert opinions, especially when surveys are adduced);
  • oral hearings for cross-examination of the affiants; and
  • summations (written or oral).
For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
7.5
What typical defences are available to a defendant in trademark litigation?
 
Israel
A defendant in a trademark litigation will commonly raise the following defences:

  • lack of similarity between the marks;
  • invalidity of the trademark due to descriptiveness and/or non-distinctiveness;
  • common law rights acquired through the defendant’s adoption and use of the mark in good faith; and
  • lack of good faith in obtaining registration.

The defendant may also raise equitable arguments, such as laches, estoppel, acquiescence and/or waiver, especially in interlocutory proceedings.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group
7.6
What is the procedure for appealing a decision in trademark litigation?
 
Israel
Judgment in a trademark infringement case will usually be given in a district court as a court of first instance. In such cases, the judgment may be appealed to the Supreme Court by right.

For more information about this answer please contact: David Gilat from Gilat Bareket & Co., Reinhold Cohn Group