There is no importance for this purpose whether the non-compete was paid exactly in the end of the employment relationship or at a later point of time. However, the employee has the right to try refuting this presumption.

In a decision of the Israel Supreme Court dated January 13, 2005, in the matter of Civil Appeal 11/23/04 Canali S.P.A. et al. v. Canal Jean Co. (not yet published), it was held that the mark "CANAL JEAN CO. NEW YORK" (stylized) is not confusingly similar to the "CANALI" mark.

In terms of denouncing such statement and transferring the onus to the company to prove that its decision was not based on prohibited considerations, the judgement was predictable.

As to the Holdback Payments, the Circular reflects an approach that is similar to the approach applied in the Tax Decision.

Whistleblowers often claim that they were dismissed due to their whistleblowing activities and are therefore entitled to the special statutory compensation intended to protect whistleblowers.

Interested in Patent Term Extensions for medical device in Israel? Be ready for prompt action

In a decision of the Intellectual Property Adjudicator (Hearing Officer) dated December 7, 2004, given in connection with Israel trademark application No. 152627 for "CHUNKY" (stylized), in class 30 (" ‘CHUNKY’ trademark application"), it was held that the consent given by the proprietor of an earlier trademark is not sufficient to enable registration of a similar mark where there exists a likelihood of confusion between the two marks.

The Appellant claimed that in practice, central and municipal government authorities enable the engagement of contractors that employ foreign employees.

The Labour Court recently ruled that employers have a duty to inform prospective employees that the job that is offered to them is temporary and could be terminated at the end of a brief period, irrespective of their performance.

In a decision of the Israeli Supreme Court dated January 16, 2006, in the matter of CA 8117/03 Eitan Inbar v. Asaf Jacob (not yet published), it was held, inter alia, that a textbook published by a student constitutes an infringement of the lecturer's copyright in his university lectures.

A recent precedential decision, issued by the Compensation and Royalties Committee ("the Committee"), in a case in which our firm represented a leading Israeli company...

In a decision of the Israeli Supreme Court dated March 30, 2004, in the matter of C.A. 8483/02 Aloniel Ltd. et al. v. Ariel McDonald (not yet published), it was held, inter alia, that Mr. Ariel McDonald’s use of his surname in the framework of televised advertisements in Israel for the fast food chain "Burger King", infringe the trademark rights of the fast food chain, McDonald’s Corporation.

In a decision of the Israeli Supreme Court dated May 16, 2004, in the matter of L.C.A. 502/04 <I>Buffalo Boots GMBH et al. v. Gali—Chain of Shoe Stores</I> (TK-Supreme 2004(2), 1627), it was held, <I>inter alia</I>, that in order to establish that the enrichment of the defendant is unjust, it should be proven that an "additional element" exists (as previously held by the Court in L.C.A. 5768/94, 5614/95, 993/96 <I>A.SH.I.R Import Manufacture & Distribution et al. v. Forum Cons

In this brochure, we will review some of the recent changes in the Israeli tax field that may impact on the taxation of both Israeli and non-Israeli individuals and corporations.

As a result, employers whose employees start competing businesses or go to work for a competitor are generally reluctant to file claims, unless they can substantiate a breach of a concrete additional employee obligation.

On February 12, 2017, the Israeli government approved a new bill, proposing amendments to Chapter E2 of the Income Tax Ordinance (New Version), 1961, which deal with tax reliefs for restructuring and merger transactions.

What rights are available to employees and what is their legal status, in the event of an enterprise "changing hands"

On December 22, 2016, the Israeli Parliament enacted new legislation as part of approving selected chapters of the economy policy program and the government budget for the years 2017 and 2018...

Over the years, rulings in Israel have dealt with this question in various ways

Section 11(9) of the Israeli Trademark Ordinance establishes the well-known principle according to which a trademark, which is identical or confusingly similar to another prior mark which is already registered ...