Matzot Aviv Litigates Unkosher Use Of Trademark By Competitors.
NEW YORK, January 5, 2009 -- Israeli corporation Matzot Aviv filed a trademark infringement lawsuit today against competitiors alleging trademark infringment of the mark AVIV in connection with kosher baked goods.
Matzot Aviv's complaint filed with the U.S. District Court for the Southern Distirct of New York names Bagel Bites USA, Inc., Aviv Patisserie, Ltd., Aviv Konditoria Me'Ula, Ltd., and A.A. Hamaafe Hameule 1999 Ltd. as defendants.
In the complaint, Matzot Aviv claims to have used the mark AVIV, which means "Spring" in Hebrew, in connection with matzos and other kosher baked goods since 1947 in Israel and 1960 in the United States. Matzot Aviv obtained a U.S. trademark registration in connection with Passover Matzos in 1997.
Representatives of Matzot Aviv attended kosherFest, the largest kosher food convention in the United States, in October 2008 and discovered an exhibitor offering kosher baked goods for sale under the brand AVIV. Upon making the discovery, Matzot Aviv filed a new U.S. trademark application to register the mark AVIV in connection with pastries, cookies, bread, crackers and biscuits with a date of first use of November 2007 with an intent to use with cakes, breakfast cereals, cereal bars, granola bars and pretzels.
Plaintiff has asked for injunctive relief, profits and damages arising from the trademark infringement, treble damages, and attorneys fees.