Diesel have a registered design. They sued Hoodies in the Central District Court for infringement, and Hoodies then filed an Application to cancel Israel design Number 51959 as lacking novelty since the clothing was advertised prior to filing the design application and in Israel, absolute novelty is required.
In an interim ruling from 2 February 2015, the District Court concluded that from the evidence submitted, the advertising was not novelty destroying and the design was registerable.
Consequently, the design owner requested suspension of the design cancellation until the District Court finished its work. On 25 October 2015, Ms Jacqueline Bracha gave Hoodies 20 days to respond to this request. They did not respond so she is issuing a ruling anyway.
Ms Bracha noted that the Israel Patent Office is able to suspend proceedings if there is a corresponding proceeding between the parties in a different court. The suspension is discretionary and the guidelines for so doing are discussed in Appeal 3765/01 Phoenix vs. Alexander Caplan. Essentially the purpose of suspension is to prevent unnecessary work for the courts and for the parties and to avoid contrary rulings.
Ms Bracha concurred that suspension of the proceeding before the Israel Patent Office until the Court finishes its work was appropriate and suspended the cancellation proceeding until 1 March 2016.
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