Opposing a client’s trademark by an advertising company

mother-in-law-underwear

Delta Galil Industries is a leading Israel underwear manufacturer. The company has filed trademark applications 244662 and 244663 for Bravo and for Machotonim Q.

 

Note: The word Machotonim should be read Macho with a ch sound, as in chair or chu-chu train. this sound is not actually a Hebrew sound at all. It is also not in Arabic. Funnily enough, nor is the P sound.  Arabs can’t say pants or Palestinian. they say B instead of P. The ‘tonim part is the suffix of the word tachtonim meaning underpants, where the ch sound is the guttural het as in Chanuka – a sound not found in the English language. I am going into these pronunciation details, since the word machotonim with the guttural het means in-laws, and is probably not the association that the underwear is intended to convey. Associations are funny things. The company name delta is, of course, the general shape of underpants or briefs, i.e. an inverted triangle. this is clever. I suspect the Q relates to the shape of the fly, as in Y-fronts, but it may be like G as in g-string, since apparently the product has less rear end coverage than conventional male underwear. 

Zarmon DDV LTD and Zarmon Goldman LTD filed an opposition to the marks claiming to have worked on the advertising campaign and never having been recompensed. Further, they requested that the opposition proceedings be stayed whilst their claims for compensation be heard by the District Court.

Selgisohn & Gabrieli representing Delta Galil argued that the District Court proceedings were against an advertising agency and Delta Galilee wasn’t a side in the proceedings. Furthermore, it was proper to stay a patent office hearing only if the court hearing was likely to bear on the result, but in this case, the issues were separate.

Ms Jaqueline Bracha accepted Delta Galil’s arguments and awarded costs of 350 Shekels and a further 3500 Shekels legal expenses to Delta Galil.

COMMENT

I think this decision is correct. I suspect that since the Zarmon companies were not working for Delta Galilee directly, they can’t even record a lien on the registrations.

 

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