Passing Off

Some companies grow through their innovation and marketing assets. In competitive markets, such companies are competing over the consumer's attention through constant improvement of the product, technology, service experience or system of messages around the brand. On the other hand, some companies (or businesses, or individuals) will try to "get something for free" and also make a profit out of the exact same marketing assets. Such factors identify the consumer's weaknesses: search for certainty and security in making transaction. The consumer desires to reduce its risks by choosing the well known option, supported by media and advertisements.

Passing off misleads or confuses the consumer, making him believe that he knows "who he is dealing with." In this way, companies that invested great resources in building their reputation, and are victims of passing off, lose twice: first they lose the transaction with the customer, which now goes to the counterfeiter or the misleading factor (instead of the original, rights-holding brand), and then they lose because of the damage to their reputation. Whoever buys a defective product in the belief that it is original, will attribute his disappointment as a consumer to the brand name on the product, rather than to the counterfeiter who caused the damage or disappointment in reality. Companies trying to protect themselves against passing off are often met with legal arguments in favor of "freedom of occupation" or the "free market." ES, Eli Shimony Attorneys-at-Law, is dedicated to protecting its client's intellectual property products, and to decisive legal action in Israel against attempts at passing off. We will provide you with the tools, advice and representation services to allow you to work under fair competition conditions in the commercial arena.

 

How can we assist you?

  • Estimate of long-term and short-term damages of passing off.
  • Cessation of the wrong causing damage to the company's goodwill or its products' reputation, through injunctions.
  • Establishing a claim by proving reputation of the harmed party and lack of good faith or intention to mislead by the violating party.
  • Protecting "generic brands" that are turned into a name to describe an entire category of products.
  • Dealing with passing off in the internet, especially in registration of similar domains or branded domains with a different top-level domain.

 

Why do our clients choose us?

  • A combination of a variety of tools, technologies and capabilities to prove damage, including consumer surveys and online research.
  • Solutions for both defense of defendants and establishing statements of claim in case of passing off.
  • Business advantage: we will provide you with legal tools for dealing with frustrating commercial situations.
  • Fast lane: collaboration with business intelligence to establish or refute two components of the claim – reputation and deception.

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About us

Eli Shimony Attorneys-at-Law specializes in the fields of Israeli civil – commercial and intellectual property law. Our firm deals with consultation and legal representations for transactions and contracts. In addition, our firm deals with providing consultation and managing intellectual property cases such as: registration of trademarks, registration of patents in Israel, protection of copyright and commercial design, consulting businesses with intellectual property and representing them in court.

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