IsRAEL
IsRAEL
A PAtEnt WILL BE GRAntED WItHoUt sUBstAntIVE
ExAMInAtIon BY tHE IsRAEL PAtEnt AUtHoRItY If Its CLAIMs
CoRREsPonD to tHosE of A RELAtED PAtEnt GRAntED BY
An ACCEPtABLE foREIGn ExAMInInG AUtHoRItY
La Cremeria ice cream infringed Strauss’s Cremisimo ice cream. Th e judge JWG sold these products over the Internet without authorisation and also
was reluctant to grant exclusivity with respect to an elliptic shape for an ice included pictures from Dead Sea Laboratory’s website and catalogues. Th e
cream carton, and considered that the colour gold implied quality and was Jerusalem District Court granted an injunction preventing JWG from using
not distinctive to Strauss.
any marketing materials taken from Dead Sea Laboratory’s catalogue and
website on its own websites. Th e defendants argued an implied authorisation
Israeli food giant Osem manufactures a snack called Apropos, which has
to use Dead Sea Laboratories’ copyrighted marketing material to sell the
a fairly distinctive cornucopia shape and is a licensed, local version of the
Ahava product line on the parallel market.
snack food sold in the United States as Bugles. Th e Supreme Court upheld
the District Court’s refusal to issue an injunction against Meshubach and
While noting that legislation does not entitle trademark owners to prevent
Emek Snackfoods, which market similar snacks as Le Nosh and Pipeto
parallel importation of trademarked goods or to forbid vendors from using
respectively, ruling that because of the dissimilar name and packaging,
trademarks in cases where the doctrine of exhaustion of trademark rights
consumers were unlikely to be confused. Th e court also rejected unjust
applies, the court ruled that, in this case, the issue was unauthorised use of
enrichment arguments.
copyrighted material and it was thus forbidden.
Copyright
Moral rights
Judge Varda Plaut of the Central District Court ordered Dan Asulin to take
A 21-year-old soldier whose 10-year-old face appears on packages of Elite
down fi le-sharing websites and fi ned him NIS 200,000 (more than $50,000)
Strauss’s Choco drinking chocolate powder sued the manufacturers for
and a further NIS 30,000 (about $8,000) in costs. He was also banned from
NIS 5 million ($1.3 million). In 1998, he received NIS 3,520 ($1,000 at the
performing any action with any of the plaintiff s’ creations and forbidden to
time) from an advertising agency. In an interim decision based on Israeli
set up downloading sites at other addresses.
contract law, the Jerusalem District Court ruled that there is suffi cient cause
Dead Sea Laboratories is an Israeli company that manufactures and to believe that usage of Roi Kroyotoro’s image was not in perpetuity, so
distributes cosmetics made from natural ingredients, including Dead Sea following his objections, Elite Strauss should change the Choco packaging
minerals, under the trademark Ahava (Hebrew for love). within six months.
100 World Intellectual Property Review Digest 2009
www.worldipreview.com
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