Ansell v. Super Pharm—Trademark Infringement

I. Summary

In a decision of the Israeli District Court dated November 28, 2005, in the matter of C.A. 643/05 Ansell Limited v. Super Pharm (Israel) Ltd. et al. (not yet published), it was held, inter alia, that the claimant, the owner of the mark "Life Styles", is prevented from raising arguments against the defendant's marks "Life" and "LifeStyle", due to the lengthy period that elapsed since the claimant first became aware of defendant’s use of the marks and, throughout that period, the claimant refrained from raising any arguments against such use.

II. The Factual Background

The claimant is an Australian company, which manufactures and distributes condoms under the "Life Styles" trademark, which trademark is also registered in Israel in class 10, and which, according to the claimant, is a well-known trademark.