רע"א 537/19 ניסקו חשמל ואלקטרוניקה בע"מ נ' אלקטרולייט שיווק (1994) בע"מ, בית המשפט העליון, 14.02.2019, כב' השופט עופר גרוסקופף
A company engaged in the design, production and marketing of emergency lighting products demanded an injunction relief preventing the marketing of a ceiling-mounted emergency lighting fixture that was misleading to a unique and innovative product of it, and thus infringed on its copyrights. The competitor demanded deposit of a guarantee for its expenses.
The Supreme Court held that the claimant is to deposit ILS 60,000 at the Court or a guarantee of two substantial shareholders in the amount of ILS 50,000 each. The Israeli Companies Law stipulates that a claimant that it is a limited liability company will be required, at the request of the defendant, to provide a guarantee for its expenses, unless it proves that it will be able to pay these expenses, or that the Court held that “the circumstances of the case do not justify” a deposit. The burden of proving that the claimant will be able to pay the expenses is to the claimant and not to the defendant.