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  McDonalds TM Intl Precedent
Supreme Court Appelate Decision in the matter of McDonalds Isarel vs. Ariel Mcdonald (see below, representation of McDonalds Israel in connection with the usage of the basketball player's name and his appearance in a Burger King TV commercial). The Supreme Court's decision has set new precedents in Israeli law with regard to Trademarks and the Right to Privacy. Violation of a Trademark under the Trademark Ordinance does not require identity of the name of the Trademark to the name used in violation. The use of a Trademark is prohibited even if the use is not misleading and even if the person using it has made it clear that his goods are not related to the Trademark in question, provided that the use of the Trademark was intended to achieve an unjustified gain, such as using another party's goodwill for an insult. The decision goes further and stipulates that the use of any person's name (if such name is identical to a Trademark) is not absolute, and will be scrutinized according to standards of good faith and fair use, even if a person uses his name not to benefit his own business, but the business of another party. Regarding the Israeli Law of Privacy, the decision stipulates that this law is not meant to defend the commercial aspect of using one's name, but only the emotional aspect of such use, i.e. no person may use his name for commercial gains and claim the protection of invasion of privacy.
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