Well-Known and Famous Trademarks in Israel: TRIPS from Manhattan to the Dawn of a New Millennium!

Abstract

In an increasingly globalized world, our exposure, as consumers, to foreign based marks has been growing exponentially. Indeed, many foreign marks have become known to consumers around the world. The legal phenomenon of marks which recognition has transcended local boarders is no longer unusual but rather the norm. Thus, it is no wonder that even during the pre-TRIPS era; some legal systems have taken it upon themselves, through judicial activism, to devise de-facto recognition for such this phenomenon. The Israeli courts are no strangers to this trend of judicial activism. This article chronicles the path of judicial recognition for the well-known mark phenomenon in Israel. The article shows how Israeli courts had formulated rationales for the recognition and protection of this legal phenomenon even before the advent of TRIPS.

Keywords: Intellectual Property Law, Comparative Law, International Law, International Trade, Trade Regulation