The defendant will immediately cease, and will refrain in the future, from any use of the Toyota-rr.co.il name within the domain name, its email address and its business pages on social networks.
- An injunction is hereby issued as follows:
The defendant will remove any existing advertising and signage that infringes the plaintiff's trademarks in accordance with the above rulings.
- The plaintiff petitioned for the relief of providing accounts for the purpose of further calculating her alleged damages and in order to determine the scope of her financial claim with respect to the defendants' profits, which were allegedly illegally generated and at her expense. Since the cause of action relating to enrichment was dismissed, for the above reasons, there is no reason to grant this remedy.
- Financial relief - The plaintiff's alternative petition on the financial level was for a ruling of statutory relief without proof of damage, by virtue of section 13(a) of the Commercial Torts Law, which authorizes the court to award damages without proof of damage for torts proven before it, in an amount not exceeding ILS 100,000. As determined above, the plaintiff's claims were proven and accepted with regard to the use of the trade name and logo as well as the use of the domain name, these are two separate infringements. As reviewed above, these violations continued for a number of years and as determined above, they had the potential to mislead the customer public, in terms of confusion or mistake regarding the existence of a relationship between the defendant and her transaction and the plaintiff. In these circumstances, I find that the plaintiff is entitled to an award of compensation at the upper level for these two separate categories of infringement.
Therefore, compensation was awarded in the amount of ILS 100,000 for each of these violations, i.e., a total of ILS 200,000. This amount will bear linkage and interest differentials from the date of the claim until the actual payment.
V. Conclusion
- As determined and ruled above, the result of the proceeding is the acceptance of the claim in part, in accordance with the above series of determinations.
In view of this result, the defendant will bear the costs of the proceeding and attorney's fees, in the total amount of ILS 50,000. This amount will bear linkage differentials and interest in accordance with the law from the date of the judgment until the actual payment.