Our Office is experienced in the investigation, monitoring, prosecution and litigation of intellectual property counterfeiting matters In Israel. Adv. Sivan is highly experience in IP litigation including in obtaining seizure orders in the Israeli Custom Office and Court Injunctions. In the past years, Adv. Sivan handled several enforcement proceedings, representing, among others, some of the largest international companies in the world (Microsoft, Sony Playstation, Electronic Arts and more).

Anti-counterfeiting expertise and experience are essential to effective protection and enforcement of intellectual property rights (i.e. trademarks, copyright, designs and patents rights). Our office has experience in handling all legal proceedings required for the seizure of counterfeit products and merchandise at all locations: manufacturing and distribution locations including retail stores and free street markets, customs and borders. Adv. Sivan is highly experienced in litigation of intellectual property counterfeiting matters.

Passing Off – FAQ’s

What is passing off?

A passing off is a form of legal protection under the Israeli Injustice commercial acts of 1999 which allows you to bring an action against any party who sells or offering to sell counterfeiting goods or goods which are confusingly similar to your products or logo or brand under a specific requirements of the law.

What are the requirements of Passing off?

If you are pursuing a passing off action, in order to succeed you will have to prove the following:
• That your products or name or logo acquired goodwill;
• That there is likelihood of confusion on the part of the consumers between your name, product, logo or business and the other name, product, brand or logo of your competitor;

Can I take legal action even if I didn’t register my mark or design?

Yes. You can take legal action on the basis of passing off even if you do not have a registered trademark or a registered design. Nevertheless, in this case you must prove that your products or name or logo acquired goodwill (reputation).

Do I have to prove actual damages in order to get monetary relief?

No. According to the Israeli law you can claim for up to 100,000 NIS per infringement without proving actual damages