
Afik News is the bi-weekly professional magazine of Afik & Co. Attorneys and Notary
SubscribeA descriptive mark can be registered provided that it acquired a distinguishable character through long term use
Copyright, Trademarks Media and Artists
A company sought to list the words “Chef Line” as a trademark. The Court held that while the mark has no distinguishing character of its own, it has an acquired distinguishability through use and therefore should be registered as a trademark. In order for a trademark to be eligible for registration it must be shown […]
A right to use the name of a company may be restricted if it creates consumer deception
Copyright, Trademarks Media and Artists
Business, Corporate and Joint Ventures
Dispute Resolution
A company under liquidation assigned the rights in its trade mark, which included the company name, to another company, both in the field of distribution and marketing of food products. The Court held that the assignee company may not use the trademark in conjunction with the “Ltd.” suffix. Israeli law stipulates that even when there […]
In a contract between two sophisticated parties the wording of the contract governs side by side with its economic logic
Commercial, Banking and Financial
Dispute Resolution
As part of a financing for a purchase transaction, the financing party received an option to purchase one of the assets, in lieu of the recipient of the financing, within 30 days of a written notice of termination of the transaction by the seller of that certain asset. When the financing party exercised the option […]
An officer who undertook on behalf of the company to carry out a transaction without obtaining the required corporate approval may be personally liable
Business, Corporate and Joint Ventures
Dispute Resolution
In a shareholders’ dispute, some of the shareholders, on behalf of the company, undertook to purchase the other’s shares, but later tried to withdraw from the offer, contending that the company is no longer solvent. The Court found that the shareholders, who are also directors, who undertook on behalf of the company are personally responsible […]
On LuftGesheft and NFT
Cryptocurrency, NFT and Web-3
High-Tech and Technology
Dispute Resolution
An article dealing with the intellectual property issues related to the NFT technology. The article was written by Adi Marcus, Adv. of Afik & Co., Attorneys and Notary.
Installing an electric car charging station in a condominium parking lot does not require the consent of the other apartment owners
Real Estate
High-Tech and Technology
Dispute Resolution
An owner of an apartment in a condominium sought to install an electric car charging station in his private parking space and the condominium committee agreed only subject to issuing a third-party insurance cover and a personal undertaking to bear any damage caused by the electric charging station. The Supervisor of Condominiums held that the […]
Liquidated damages in an agreement that represents the risk in the transaction will not be reduced even if are an exceptional amount
Commercial, Banking and Financial
Dispute Resolution
A company entered into a financing and credit agreement in millions of shekels for a project to build a stadium in the city of Bat Yam. A few months later, the company ran into difficulties and was required to repay the original debt in addition to other charges in millions of shekels, which constitute about […]