Counterfeit goods may be confiscated or destroy

Following a trademark infringement complaint filed with the Israel Police by Michael Kors and Hugo Boss, the police conducted a search and confiscated counterfeit watches.

The Supreme Court held that the counterfeit watches must be destroyed. The Court has the power to order the confiscation or destruction of property, insofar as it is prohibited for use or possession, even when it has been decided not to file an indictment against the suspect and this can be done even if the copyright holder has not instituted civil proceedings against the counterfeit property holder. Here, although no indictment has been filed against the holder of the fake watches, once it has been determined that the watches are fake, there is room to destroy them.