“Schweppes”

• 1. Ownership of a trademark arises only from the validity of its registration, irrespective of whether the owner manufactures the products in Israel or imports them.

• 2. The trademark owner’s right to import products into Israel does not grant in and of itself a parallel importation right to other parties.

• 3. In the absence of an Israeli trademark related to the imported products, the parallel importation of the products into Israel, which is performed other than through the official importer, is possible when the importing party – the parallel importer – purchases the products from the overseas trademark holder or one of its agents.

• 4. When the imported products are covered by an Israeli trademark, their import is only possible when the trademark holder in the country of origin also holds the Israeli trademark, or if they were originally purchased from the Israeli trademark holder and are brought to Israel for resale.

• 5. Use of a trademark belonging to another party cannot be considered as “genuine use” when it is not descriptive but brand-oriented, or trademark-oriented, and when it involves more misrepresentation than truth.