ISRAEL Law and Practice Contributed by: Ronit Barzik-Soffer, Luiz Blanc and Rakefet Peled, Reinhold Cohn Group
of a similar trade mark thereto even with respect to goods and services of different descriptions, if the use of the mark is likely to indicate a connec - tion in consumers’ minds (“likelihood of associa - tion”) between the goods and services of the unauthorised user and those of the registered owner of the trade mark, and that the latter might be harmed as a result of such use. The owner of an unregistered well-known trade mark may obtain protection against the unau - thorised use of its trade mark or of a similar trade mark with respect to goods and services of the same description. There is no special registration for well-known trade marks in Israel, and the recognition of well- known trade marks is made during proceedings before the court and the registrar. Therefore, to prove the existence of a well-known registered or unregistered trade mark, the trade mark owner must bring solid evidence to prove exceptional goodwill acquired locally through the continued and extensive use and promotion of its mark, and particularly the recognition of the mark in public circles, and the extent to which it is known as a result of its marketing. Dilution and other infringements Besides the regular claims concerning trade mark infringement, the owner of a well-known trade mark may also claim infringement based on the dilution doctrine. Dilution by blurring is recognised by Israeli courts in cases where the use of a mark adversely affects the distinctive character and scope of protection of a well- known mark, distorting the strength of the rights acquired by the owner of the well-known mark. Other types of trade mark infringement, includ - ing but not limited to dilution by tarnishment and contributory infringement, are likely to be
recognised by Israeli courts, which are open to adopting doctrines accepted by foreign laws and jurisdictions. Copyright Infringement The main legal claims regarding copyright infringement are violation of the exclusive right of the owner to use its work, or a substantial part thereof, without the permission of the owner, for: • reproduction of the work; • publication of the work (with respect to a work not yet published); • public performance of the work; • broadcasting; • making the work available to others; or • making a derivative work. Direct and indirect infringement The copyright infringement may be direct infringement or indirect infringement. Indirect infringement occurs when a person knew, or should have known, that a copy of the work is an infringing copy in cases of: • selling or letting for rental; • possessing an infringing copy for a commer - cial purpose; • distributing an infringing copy on a commer - cial scale; • exhibiting an infringing copy to the public in a commercial manner; and • importing an infringing copy into Israel, not for personal use. Infringement of a moral right In addition, it may be argued that there has been infringement of a moral right if someone does not attribute a work to its author, or if the work is distorted or modified or undergoes any other
227 CHAMBERS.COM
Powered by FlippingBook