Attorney Sivan Appointed by Court to Handle a High-Profile Trade Secrets Case

March 2010: Adv. Sivan was appointed by the Israeli Court to handle a unique high-profile case concerning millitary trade secrets.

Adv. Sivan was authorized by court to perform a complex search in several computer facilities of commercial companies in order to locate computer files and evidence. The case envolved complex legal issues concerning IP and trade secrets.

Representing successfully a Fashion Company in a Passing Off Case

August 2009: Adv. Sivan has successfully represented an Israeli fashion company in a case of passing off against local importers. The District Court of Tel Aviv issued a temporary injunction against the importers and the case was settled in favor of the plaintiff, with a permanent injunction being granted along with compensation of approximatley 150,000 NIS. The importer was also ordered to collect all the merchandise from all of their stores around the country.

Representing Ceremonie Tea Company against Wissotzky Tea Company in a Trademark Case

December 2007: Adv. Sivan represented the Israeli tea company CEREMONIE in a trademark case against Wissotzky tea company.

Adv. Sivan filed a motion for an Injunction to prevent Wissotzky the use of the mark HARMONY on their tea products, based on the claim that the mark HARMONY is phonetically similar to the registered trademark CEREMONIE, causing likelihood of confusion with the tea consumers.

The District Court has issued an agreed injunction in which the defendant was ordered to change their brand (adv. Sivan was at that time an associate at Furth Wilenski Mizrhachi Knaani Law Office).

The Israeli Registrar of Patents is Complimenting the Special IP Magazine of Attorney Sivan

The Israeli Registrar of Patents and Trademarks is complimenting the professional Intellectual Property Magazine published in Israel called: “Notes in the Paths of the Intellectual Property”, edited by Adv. Sivan and Adv. Friedman:

“…furthermore, also in the subjects concerning the professional area, the editors have succeeded in combining in the magazine a very broad scale of subjects in the Intellectual Property filed, some in the most actual subjects, as the very important article of Dr. Yoval Karniel and Adv, Yossi Sivan in the subject of the protection of patent law on business methods in the internet, a subject that has received a momentum recently in light of the case of AMAZON. An additional example is the subject of the intellectual property of fictional characters, a very important subject, which hasn’t received the proper reference, and it’s good that it was brought over to the “surgery table”…

Article of Attorney Sivan is Cited by the Israeli Supreme Court

January 2011: The Israeli Supreme Court has cited the article of Adv. Yossi Sivan and Adv. Amir Fridman regarding assessments of damages in patent cases.

The supreme Court ruled that it may consider the situation of both the plaintiff and the defendant in assessment of damages of patent infringement.

See Gidon Rottenberg and Developed Researches for Irrigation Products Inc. v. Elgo Irrigation Ltd. Case Appeal no. 2634/09 the Supreme Court.

Article of Attorney Sivan on Business Method Patents is Cited by the Israeli Patent Registrar

September 2009: The Article: “The Protection of Business Methods Patents in the Internet”(2004) by Adv Sivan and Adv. Karniel was quoted by the Israeli Patent Registrar in a precedent decision denying the patentability of a business methods patent in Israel.

The Patent Register has ruled that a business method invention in Israel is not considered to be an invention in a “technology field” as required by law, but only as an economic or commercial field, therefore out of the scope of Article 3 of the Patent Act. Therfore, business methods per se can not be ptented in israel.

Representing Successfully Beverly Hills Polo Club Internatioanl Fashion Brand in a Trademark Case

Adv. Sivan has represented successfully the famous American brand BEVERLY HILLS POLO CLUB in a case of alleged trademark infringement and passing of against two different local importers concerning two different confusingly similar marks.

The District Court of Tel aviv has issued a Temporary injunction against the importers and eventually the case was settled in favor of BEVERLY HILLS POLO CLUB, in which a permanent injunction was granted, with no need of managing separate opposition procedures.

Successfully Represented the Famous Baby Bag Company GITTABAGS against Philips – Avent in a Passing Off case

Adv. Sivan represented the well known Baby bag designer GITTA BAGS in a case of alleged registered design infringement and passing off against local companies together with Philips Electronics – Avent.

The District Court accepted the motion to serve the statment of claims to Philips Electronics – Avent filed by Adv. Sivan and ruled in a precedent decision that a trademark owner may be liable, if he doesn’t prevent the ongoing use of his trademark on a product which allegedly infringes the rights of others, even if the use of his trademark is without his permission (adv. Sivan was at that time an associate at Furth Wilenski Mizrhachi Knaani Law Office).

Eventually the case was settled.