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Israel - Supreme Court Upholds Famous Trademark for Unrelated Goods

In Bacardi &qmp; Company Ltd. ("Bacardi") v. Kardi, Bacardi, owner of the well known trademark BACARDI in respect of alcoholic beverages, opposed an application for the trademark BAKARDI filed by Kardi in respect of jeans. Bacardi contended that the attempted registration of the BAKARDI mark by Kardi was made in bad faith and constituted unfair competition. The Registrar accepted these arguments and rejected the application.

In an appeal filed by Kardi from the Registrar's decision, the Supreme Court upheld the Registrar and recognized the rights of the owner of a famous mark to prevent the unauthorized exploitation of the goodwill associated therewith.

This is an important decision in which the Supreme Court of Israel recognized that a famous trademark enjoys protection with respect to unrelated goods and did not make it a condition that such mark be previously registered in Israel.


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