A passing off is a form of legal protection under the Israeli Injustice commercial acts of 1999 which allows you to bring an action against any party who sells or offering to sell counterfeiting goods or goods which are confusingly similar to your products or logo or brand under a specific requirements of the law.
If you are pursuing a passing off action, in order to succeed you will have to prove the following:
• That your products or name or logo acquired goodwill;
• That there is likelihood of confusion on the part of the consumers between your name, product, logo or business and the other name, product, brand or logo of your competitor;
Yes. You can take legal action on the basis of passing off even if you do not have a registered trademark or a registered design. Nevertheless, in this case you must prove that your products or name or logo acquired goodwill (reputation).
No. According to the Israeli law you can claim for up to 100,000 NIS per infringement without proving actual damages
