Companies invest immense resources in their designs and brand names
and in the building of customer trust and goodwill in the marketplace.
This could go to waste if they do not maintain and protect their designs,
brand image, and rights in their marks (see
We represent our clients in:
- the infringement of trademarks, copyright, domain names, patents,
- breaches of the Commercial Wrongs Law for misleading or deceptive
conduct, where others have adopted similar trademarks, products, or
- breaches of confidence, or disclosure of trade secrets
A trademark owner who encounters a third party making
unauthorized use of his/her trademark or design - must act.
Should the trademark owner fail to take action, the mark might loose
its main function: identifying the source of the goods or services.
The consequence might be that the mark will become generic. A generic
term belongs to everyone and cannot be monopolized. If the past owner
of the once marks
"Escalator" and "Frigidaire" would have enforced
them properly when third parties started using them, they would still
today be trademarks belonging to their owners and not generic terms
that can be used freely by any company. Similarly, if the owner of a
design or trademark finds his/her rights infringed, action must be taken
or else the exclusive right will be harmed and the design/mark may fall
into the public domain.
Litigation. As a preliminary step, and before bringing
action to court, an investigator may be engaged to find out details
about the infringer, the infringing activities and purchase example items
of the copycats. A subsequent "cease
& desist" letter sent to the infringer by the owner's
lawyer might stop the infringement at an early stage. In other cases,
especially in cases of willful copying, full scale litigation may be
necessary, inclusive of filing for a temporary injunction and an Anton
Pillar order (seizing the counterfeit merchandize from the infringer's
premises). Israel Courts are willing to grant such orders under certain
An alternative or additional route would be to utilize the police.
Israel's Intellectual Property unit will commence investigation once
a complaint is filed. It is recommended to accumulate as much information
as possible (through investigation agencies) about the location of the
counterfeit goods, the importer/manufacturer and purchase example items.
In appropriate cases the police will conduct seizures. If there is sufficient
evidence to prosecute, a lawsuit might be filed. The main advantage of
criminal procedures administrated by the police is the low cost and threatening
quality that serves to scare off small time infringers. Police raids
may also be publicized, deterring other infringers from taking the risk
of selling counterfeit goods.
Israel Customs Authorities stop
shipments containing goods with registered trademarks, designs or copyright
from entering Israel if the imported goods are suspect of being counterfeit.
The property owner obtains information and can prevent the entry of counterfeit
goods into Israel. Over the past years Israeli Customs has stopped large
amounts of shipments and confiscated masses of counterfeit
goods, among them clothing, footwear, gadgets and electronic appliances. The owner
of the right may also act proactively by filing a request with
Customs to seize future shipments containing goods suspect
of infringing trademark, design or copyright. Customs Authorities
are usually very responsive to such requests and will take
all the necessary steps to identify and stop the import of the infringing
We will be happy to advise and propose courses of action for enforcing
your intellectual property rights.
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