A Palestinian company imported from China to the Palestinian Authority Territories Marshmallow candies bearing Angry Birds drawings. The goods were seized at the Ashdod Harbor due to breach the copyright of the ROVIO of Finland, owner of the trade mark. The Court ordered the destruction of the goods.
Despite the company's claim that the import is to the Palestinian territories and the products are not to be marketed in Israel, the Court held that there was a violation of copyright and a commercial tort. An owner of a well-known mark has the right to prevent the exploitation of its reputation without consent for the purpose of promoting sales of another. The law provides for compensation without proof of damage, the height of which will vary depending on the intensity of the violation of the right. The Court ordered a permanent injunction prohibiting the manufacture, order, import, sale or trade in the goods bearing the trademark and a compensation of ILS 45,000 without proof of damages, in addition to obligating the Palestinian company to bear the storage and destruction costs of the goods and legal costs of Rovio.