Kabbalah is the Hebrew term for Jewish mysticism. Due to interest by Madonna and others, Kabbalah is enjoying something of a rennaisance within the New Age movement. There is also apparently a hard core of Jewish scholars of a mystical bend, who, after reaching the age of 40 years, and after studying the more mundane areas of Jewish Knowledge, turn to Kabbalah to understand the world about them.
Kabbalah Center International Inc. filed a cancellation motion to have Kabbalah Diet LLC’s trademark for Kabbalah Diet canceled. Amongst other absurd claims were that by offering courses in Food, Diet and Kabbala, Kabbalah Center International Inc.had somehow got rights to the term Kabbalah Diet.
Kabbalah Center International’s arguments of passing off, trading on their reputation, bad faith and their rights by virtue of providing courses with this totally descriptive name were all dismissed.
However, the agent-of-record for Kabbalah Diet could not trace their client and requested to be relieved of their obligation of representation. Kabbalah International also provided some evidence that Kabbalah Diet had ceased trading in other jurisdictions.
Because Kabbalah Diet failed to defned themselves and there was no evidence of usage of the mark in Israel over the past three years, the mark was canceled.