Overall Appearance is the Determining Factor in Passing Off Cases
The Oxford Academic Journal of Intellectual Property Law & Practice published an article by LMA team members Yedidya (Didi) Melchior and Fanny Eshkenazi titled “Israeli Supreme Court holds that overall appearance is the determining factor in passing off cases”.
The article discusses a judgment of the Israeli Supreme Court in Request for Civil Appeal 1521/18 Chain of stores Rami Levi Shivuk HaShikma 2006 Ltd et al. v Barilla G e R Fratlli—SpA, in which the court ruled that, in analysing the likelihood of confusion in the context of passing off of retail products, the main criterion should be the overall look-and-feel of the products at stake, which is more important than a detailed and precise examination of the various visual components of each of the products.
The full text of the article (with accompanying images of the products) is available at:
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