Tnuva, Israel’s Dariy cooperative and Gilat, Bareket and Partners, their lawyers, are no doubt cheesed off by IP Arbitrator’s Noach Shalev Shmulovich’s decision to throw out their Opposition to allowing Tal Eden as a trademark for cheese. Tal Eden means “Paradise Dew”, and was opposed due to its alleged similarity and likelihood of confusion with Tal Emek – meaning Valley Dew or Vale Dew – Tnuva and Israel’s domestic brand leading yellow cheese.
Although the first word and first syllable of the second word is identical, Shmulovich’ ruled that there was no likelihood of confusion since:
- the words having recognizeable meanings;
- in Hebrew the stress is on the last syllable and Tal Emek is known as Emek and would be ordered as such over the cheese counter in supermarkets and delicatessens;
- the packaging of the packaged cheese is different, and
- Tal Eden is being used for imported and expensive cheese, whereas Emek is the bog standard local brand, the quintessential “yellow cheese” and thus noone would get them muddled.
We find Shmulovich’s reasoning convincing and remember that Eden Vale was the standard Cottage Cheese in Britain. Whilst looking up eden Vale was fascinated to discover that there are a number of places called Eden Vales around the world, some of which make cheese.