Kadim Guidance LTD filed suit against Eli Mula – Liyat Flowers and against Shlomi Mulaim, alleging that their rights to supply candy bouquets under the name “zer matok” had been infringed.
The term Zer Matok means sweet bouquet.
Judge Eli Yifrach ruled that the term was generic. Attempts to obtain trademark protection had failed as the product, comprising arrangements of pralines and chocolates was descriptive, and the complainants had failed to prove that they had obtained a reputation for the product that was being infringed by the competition. Allegations of passing off, unjust enrichment, etc. were all rejected. The case was dismissed and costs of NIS 35,000 were awarded to each defendant.
[...] Zer Matok (sweet bouquet) considered generic – case dismissed (IP Factor) [...]