Region: Africa & Middle East

The Israel Supreme Court has dismissed the Tea Board of India's petition for an additional hearing in opposition proceedings involving the trademark DARJEELING. In doing so, it relied on the principle that the importance of a legal issue does not necessarily warrant the re-opening of an appellate decision.

18 June 2008

In <i>Klein v Klalit Medical Fund Ltd</i>, the Tel Aviv District Court has dismissed the defendants' motion to strike the plaintiff's complaint before the start of the trial on the grounds of lack of privity and lack of cause of action. Among other things, the court held that the defendants could not rely on an earlier decision involving two of the parties as <i>res judicata</i>.

14 May 2008

The new Copyright Law, a comprehensive and long overdue reform of the Israeli copyright regime, is due to come into force later this month. Among other things, the law redefines the rights that fall within the scope of copyright, establishes a US-style fair-use defence and provides a different scale of compensation awardable without proof of actual damage.

07 May 2008

The Supreme Court has reversed a district court ruling that a product shape is not eligible for registration as a three-dimensional (3D) trademark. While the court found that a product’s 3D shape is, by definition, not inherently distinctive, it may acquire distinctiveness provided that its features are not essentially functional or aesthetic.

16 April 2008

The registrar of patents has granted the application of a local clothing retailer to cancel the trademark ZIP, registered in Israel by a foreign manufacturer, on the grounds of non-use under Section 41 of the Trademarks Ordinance. The applicant formerly imported the trademarked goods without a registered trademark licence agreement between the parties.

19 March 2008

In <i>State of Israel v Chaim</i> the Tel Aviv Magistrates Court has issued the harshest prison sentence ever imposed in a drug counterfeiting case. The court approved the sentence recommended by the prosecution despite finding that it was too lenient in light of the potential impact of the defendant’s actions on public health.

12 March 2008

Controversy has surrounded the publication of a list of FIFA trademarks and words, which the minister of trade and industry proposes be declared as prohibited marks in preparation for the 2010 World Cup. Critics argue that none of these marks is unique to FIFA and the list could potentially lead to absurdities, such as making any 2010 calendar illegal.

10 October 2007

The Supreme Court has ruled that an advertisement for car polish featuring a BMW car did not infringe BMW’s marks. The decision not only brings South African trademark law further into line with EU legal practice, but has also been welcomed for ensuring that IP rights cannot be used to restrict competition in the market.

11 July 2007