Making a Big Deal out of Contents of Affidavit

ynet big-deal

Israel Trademark No. 234855 is a graphic mark for Y-Net Big Deal that was filed by Yidiot Internet. (Yidiot is Israel’s most widely read daily tabloid. Y-Net is their Internet site).

The mark covers promoting the goods of others, namely, providing coupons, rebates and vouchers for the goods of others; included in class 35. H.U.B. Trading LTD opposed the mark.

On 14 August 2014 the Opposer requested the striking from the record of large swathes of an affidavit by a Mr Hochman that was filed by the Applicant. The Opposer claimed that some of the objected to sections of the affidavit included hearsay beyond the knowledge of the applicant and other sections were legal claims that did not belong in an affidavit. The Applicant did not respond.

On consideration, the Adjudicator, Ms Shoshani-Caspi did not consider that the extreme sanction of striking from the record was warranted. At best, there was grounds to give a low significance to certain parts of the affidavit. Furthermore, she was unhappy with damaging the Applicant’s evidence without a careful analysis of what was known by the witness and why certain things found therir way into the affidavit, presumably following legal advice. In conclusion, Ms Shoshani-Caspi rejected the action to strike the parts of the affidavit. She ruled that after an evidentiary hearing and cross-examination of Mr Hochman by opposing counsel and in summing up, the Opposer could make these claims again, and Costs would be awarded in the framework of the main ruling.

Israel Trademark No. 234855 “Y-Net Big Deal” H.U.B. Trading LTD vs. Y-Net, intermediate ruling of 11 September 2014.

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