A manufacturer and an importer moved the Court for a temporary order of cease and desist to prevent a parallel importer to use the trademarks of the manufacturer, arguing that the moving importer has exclusivity from the manufacturer.
The Court rejected the motion for the temporary order and held that although a registered trademark in Israel exists, this does not prevent a parallel importer from using it when selling original goods of the manufacturer or to use it for the sale, advertising and marketing. A parallel importer may use trademarks if the product cannot be easily identified without the trademark, the use is reasonable and no more than required for the identification and use of the trademark does not indicate sponsorship of the importer by the trademark owner.