Super Baba

babar2

Yehuda Gouta and Super Zol Ben Gurion LTD. filed a “most urgent request to issue a temporary ruling granting the applicants rights to use the mark pending a final decision, and a request to rule on the matter without consulting the other side”. The mark in question is Israel trademark number 203468 “Super Baba” which is a trademark covering Retail chain store services; all included in class 35. The mark was registered on 12 March 2009 by Maadanei HaZafon LTD. (Northern Delicatessen LTD).

On 10 July 2013, a request to cancel the mark or to give a license to Super Zol Ben Gurion LTD. was filed by Yehuda Gouta and Super Zol Ben Gurion LTD. The request to cancel the mark follows a series of litigation culminating with a ruling of the Israel Supreme Court of 16 June 2013, establishing that Yehuda Gouta and Super Zol Ben Gurion LTD. are infringing the mark. Following filing of a request to cancel the mark, and in accordance with trademark regulations 37 and 71, the mark owner has two months to respond to such a request.

The Supreme Court Decision, granted Maadanei HaZafon LTD.  a permanent injunction against Super Zol Ben Gurion LTD., but granted Super Zol Ben Gurion LTD. 30 days grace to reorganize themselves and to comply with the ruling. Furthermore, a request to extend this period was refused by the Supreme Court, but following a second request, a week’s grace was granted, pending response by Maadanei HaZafon LTD.

In the circumstances, the Commissioner of Patents and Trademarks, Assa Kling saw no reason to grant a permanent injunction. Instead, in a ruling of 23 July 2013 at 6:40 PM he gave the mark holder  (Maadanei HaZafon LTD.) until 12 PM on 25 July 2013 to respond, and ordered applicant for the injunction, Super Zol Ben Gurion LTD, to forward and further Supreme Court rulings if and when the issue.

COMMENTS

Super Baba seems to be a store in Tel Aviv’s Dizengoff Street, but is also a TV series in Turkey.

Rabbis and Holy men of Morrocan extraction from the Netivot region in Israel seem to be called Babas.

 

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