Israel Supreme Court Delivers Parallel Importing Ruling in Tommy Hilfiger Case

摘要

The Israel Supreme Court has issued on November 16 an important ruling concerning parallel importing and the related marketing and advertising issues in a case involving fashion brand Tommy Hilfiger (Elad Suissa and Importer Warehouse 42 Ltd v. Sea & Shells Ltd, Tommy Hilfiger Licensing LLC. Tommy Hilfiger USA Inc. and Tommy Hilfiger Europe BV, November 16, 2014). The Supreme Court held that: 1. Parallel importing is legitimate, as is the marking of the goods with the trademarks; 2. The licensed importer or franchisee cannot prevent parallel importing, but it is important that the name of the company doing the parallel importing does not imply that the parallel importer has a relationship with the mark holder and has to actively take steps to make clear that they are not the licensed importer; 3. The licensed importer does not have to guarantee or provide a service for the parallel imported goods and the parallel importer must ensure that the public are made aware that the parallel imported goods are not covered by the importer's warranty and servicing obligations.