In Dadon-Yifrach v AT Snap Ltd, the Supreme Court has upheld a district court decision finding that there was no likelihood of confusion as to origin when the defendants sold copies of several of the plaintiff’s designs alongside her original creations. Nevertheless, the court recognised that the defendants’ conduct could give rise to other causes of action.

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In Tommy Hilfiger Licensing LLC v Schwartz, the district court has found a retailer liable for trademark infringement and passing off for trading in counterfeit goods, even though the latter claimed that he had bought the goods in good faith. However, the court did not rule out the availability of a good-faith defence in limited circumstances.

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In Woolley v Ultimate Products Ltd, the Chancery Division of the High Court of England and Wales has upheld a claim for passing off in relation to watches. Among other things, the court found that Timesource had established that it enjoyed a substantial goodwill in Henley watches; sales of watches under the brand name Henleys thus created the belief that the watches were, or were associated with, Henley watches.

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In Kraft Foods Global Brands LLC v Y Merba Israel Ltd, the Supreme Court has reversed the district court’s dismissal of a passing-off action brought by Kraft Foods Global Brands LLC against the retailers of Go-Go’s sandwich cookies for allegedly copying the trade dress of its Oreo cookies.

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In Dahan v GROB Yazamot Ltd, the Tel Aviv District Court has dismissed an action for injunction and damages brought by the owner of the trademark ATNACHTA (meaning ‘pause’ in Aramaic), who had formerly operated a restaurant in Jerusalem under that name, against a party operating a café under the same name in another city.

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In Specsavers International Healthcare Ltd v Asda Stores Ltd, the Court of Appeal has partially upheld Specsavers’ appeal in its claim for trademark infringement against Asda, but also referred a number of questions to the ECJ. The court sought to ascertain whether Specsavers’ use of its device-and-word mark could also constitute use of its device-only mark, and whether the enhanced reputation enjoyed by Specsavers in the colour green should be taken into account to assess the likelihood of confusion.

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In Yatir Winery Ltd v Asher Bentulila, the Jerusalem District Court has rejected a motion for interim injunction filed by the owner of a lion’s head device for wines against use of a lion’s head device for liqueurs. Among other things, the court held that the balance of convenience tilted in favour of the respondent, as any damage caused to it as a result of an injunction would be unjustified, while the damage to the petitioner was compensable.

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In Yatir Winery Ltd v Asher Bentulila, the Jerusalem District Court has rejected a motion for interim injunction filed by the owner of a lion’s head device for wines against use of a lion’s head device for liqueurs. Among other things, the court held that the balance of convenience tilted in favour of the respondent, as any damage caused to it as a result of an injunction would be unjustified, while the damage to the petitioner was compensable.

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In Carlsberg India Private Limited v Radico Khaitan Limited, the Delhi High Court has allowed Carlsberg India Private Limited’s appeal and vacated the partial injunction granted by the single judge against it. The case involved Carlsberg’s PALONE 8 mark for beer and Radico Khaitan Limited’s 8 PM mark for whisky.

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In a presentation at the European Parliament, Nunzia Varricchio, chair of MARQUES, has lamented the fact that the European Commission’s review of the trademark system has not taken the opportunity to tackle inconsistencies in the treatment of lookalikes, leaving brand owners to navigate a complex maze of legislation.

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