Unjust Enrichment

The Unjust Enrichment Law, 5739 – 1979, stipulates that anyone who receives property, a service, or other benefit from another person other than by right is obligated to return the asset, service, or benefit, or its value.

In the field of intellectual property law, unjust enrichment is used in extreme cases in which other causes of action are not clearly and unequivocally available to a plaintiff (in most cases, where the plaintiff did not file an application to register a trademark/design/patent). The basis for this is the fact that when a particular business benefits from another business's reputation, this is a benefit gained without a legal right. Application of the tort of unjust enrichment is limited, but there are cases in which it would be smart to include this cause of action in a statement of claim or complaint for violation or infringement.

COMMERCIAL TORTS

UNFAIR INTERFERENCE

PASSING OFF

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