Shemesh shwarma joint cannot trademark the 'sun'

A Ramat Gan shwarma eatery may indeed have developed a reputation under the name Shemesh (sun), but it can't fully block competitors from using the word in their names, the Supreme Court ruled.

Menashe Naama, the owner of three Ramat Gan restaurants named Shemesh and Shwarma Shemesh, petitioned the Tel Aviv District Court, asking for an interim injunction to halt the use of the name by the newly opened Shemesh Restaurant in Tel Aviv. Both the new Tel Aviv place and Naama's Shemesh serve inexpensive grilled meat.

The Tel Aviv restaurant is violating his trademark, Naama claimed; the owners even told customers that their restaurant was connected to his, he claimed. After Naama filed his suit, the owners of the Tel Aviv place changed the sign out front to say "Tasty Grill Shemesh Restaurant." However, Naama argued that "tasty grill" was in smaller type, and the word "shemesh" was all that passersby would see.

Tel Aviv Magistrate's Court Judge Yehooda Zaft accepted Naama's argument that he had built up goodwill under the name Shemesh and therefore the competitors had created a misleading association by giving their restaurant a similar name. He rejected the argument of the latter that "Shemesh" had become a general term for a meat grill, and forbade them from incorporating the word "shemesh" in any form of trademark.

The competitors appealed the ruling to the Supreme Court. Justice Asher Grunis agreed that Naama had indeed built up goodwill under the name Shemesh, but that Judge Zaft had given his use of the name inappropriately broad protection. You can't entirely forbid competitors from using the word, he ruled.

Therefore, the competitors could indeed use the word "Shemesh" on their sign, but would have to make it the same size, typeface and color as the words "Tasty Grill."

The original Shemesh is planning to return to the district court, this time with survey data.