Search results - found 37
Importer prevails against Adidas: four-stripe trainers do not infringe (International reports)
Judge Michal Agmon-Gonen has dismissed claims by Adidas against Galel Yassin, who imported cheap training shoes from China. The shoes have four parallel diagonal stripes on each side and Adidas claimed that this infringed its famous three-stripe logo. The ruling indicates that the judge was not enamoured with recent trends that see brands and trademarks as property in themselves.
Motions to strike claim dismissed in keyword advertising case (International reports)
In Klein v Klalit Medical Fund Ltd, the Tel Aviv District Court has dismissed the defendants' motion to strike the plaintiff's complaint before the start of the trial on the grounds of lack of privity and lack of cause of action. Among other things, the court held that the defendants could not rely on an earlier decision involving two of the parties as res judicata.
3D trademark application for tahini container rejected but for all the wrong reasons (International reports)
AGS Green LTD filed a trademark application for a tahini container in Class 29 of the Trademark Register. The mark consisted of the three-dimensional container that the firm uses for selling its raw tahini paste. The deputy commissioner of patents and trademarks has used the case in question to rule on the trademark registrability of containers for liquids.
Landmark decision casts doubt on patentability of business methods (International reports)
Eighteen months after a landmark decision on the patentability of business methods and software-related inventions, a new practice relating to such developments is shaping up. The Patent Office appears to be taking a more lenient approach towards software-related inventions, although it seems that business methods are still not patentable.
Can rubber window seals be registered designs? (International reports)
Deputy Commissioner Noah Shalev Shmulovich recently considered the validity of a design registration for a window seal for the regulation window of a sealed room. After considering all the issues, he ruled that the customer was the building contractor and not the home purchaser, and considered the design to be sufficiently novel and original to be registrable.
Patent Law amended retroactively to take care of internet publication issue (International reports)
The Knesset has passed an amendment to the Patent Law 1967, which takes effect from 1st January 2007 and provides that the first publication of biographical details, name of applicant, title of application, priority and filing date for new patent filings can be carried out online and not just in the (printed) official Patent Office gazette, the Reshumot.
Harshest-ever sentence imposed in drug counterfeiting case (International reports)
In State of Israel v Chaim the Tel Aviv Magistrates Court has issued the harshest prison sentence ever imposed in a drug counterfeiting case. The court approved the sentence recommended by the prosecution despite finding that it was too lenient in light of the potential impact of the defendant’s actions on public health.
VERSACE marks cancelled after 20 years (International reports)
The registrar of trademarks has cancelled five Israeli trademarks containing the word ‘Versace’ on the grounds of bad-faith registration. The registrar held that an action for cancellation on such grounds may be filed at any time under the Trademarks Ordinance, even where the relevant provision came into force after the mark was registered.
Descriptive use exception does not obviate need for disclaimer (International reports)
The registrar of trademarks has upheld a decision to make the registration of three device marks containing the words "lady speed stick" conditional on the applicant including a notice of disclaimer for "lady" and "stick". Among other things, the registrar held that the applicant could not rely on the descriptive use exception under Section 47 of the Trademarks Ordinance.
Supreme Court refuses to reconsider decision in DARJEELING Case (International reports)
The Israel Supreme Court has dismissed the Tea Board of India's petition for an additional hearing in opposition proceedings involving the trademark DARJEELING. In doing so, it relied on the principle that the importance of a legal issue does not necessarily warrant the re-opening of an appellate decision.
No miracle for publisher of religious law code (International reports)
The Jerusalem District Court has dismissed claims of copyright infringement, misappropriation, passing off, unjust enrichment and defamation brought by Ketuvim Almog Ltd, the publisher of an indexed edition of Maimonides's Mishneh Torah (a classic code of Jewish religious law), against a Jewish institute of learning.
New examination guidelines: overlapping subject matter (International reports)
Recently published guidelines for examiners with regard to overlapping subject matter have clarified the definition of "overlapping subject matter" and provide an insight into the strategy for drafting and prosecuting divisional and continuation applications before the Israeli Patent and Trademark Office.
New examiner guidelines for software-related inventions (International reports)
The Israeli patent registrar has issued new guidelines to determine patentable inventions by clarifying the definition of "technological invention", as defined by Section 3 of the Patent Law. The long-awaited guidelines clarify the Israeli approach regarding software inventions in an attempt to make all Israeli examinations consistent.
Supreme Court upholds rosiglitazone maleate (Avendia) patent despite earlier claim (International reports)
In a case involving a patented drug and its generic versions, the Supreme Court has held that where there is adequate support for a dependent claim and it is fairly based on the specification, the dependent claim can survive even if the independent claim on which it was based was invalidated. It is hoped that this judgment will lay this controversial issue to rest.
Judge finds copyright in ring infringed (International reports)
Jewellery manufacturer H Stern recently sued Aryeh Poziloff for marketing and selling a similar but substantially cheaper version of H Stern's Juliana ring, which is decorated with a seal of Solomon and has five pointed stars engraved inside the band. The case was brought on a variety of grounds, including trademark and copyright infringement, and unjust enrichment.
Patent reform is on the way (International reports)
Further to a 2010 agreement with the US Trade Commission, the Israeli government is finalising an amendment to the Patent Law. The agreement has resulted in the removal of Israel from the blacklist of countries that fail to protect copyright adequately and enabled Israel to join the Organisation for Economic Cooperation and Development. Under the amendment, Israeli applications will publish 18 months after the filing or priority date, as in most Western countries.
Can unjust enrichment justify an injunction during patent opposition period? (International reports)
The Supreme Court has upheld a refusal of the Tel Aviv District Court to grant an injunction to Merck, the applicant for a pharmaceutical patent for Focalin, in order to prevent generic competitors from exploiting a patent during the post-examination opposition period. Merck had cited unjust enrichment as grounds for the injunction.
Supreme Court rules on contributory copyright infringement (International reports)
In an important recent decision the Supreme Court recognised contributory infringement in copyright. Although the case in question related to book publishing, the decision is expected to have repercussions concerning the downloading and reproduction of digital data.
Supreme Court reverses Eve-Eva trademark decision (International reports)
In May 2010 then Deputy Commissioner of Patents and Trademarks Noah Shalev Shlomovits ruled that Eva cigarettes, produced by Aktsionerno Droujestvo Bulgartabac Holdings in Bulgaria, were not confusingly similar to Eve cigarettes, produced by Philip Morris. The Supreme Court recently ruled on Philip Morris's appeal of this decision.
Registration is ZIPed shut as foreign trademark owner loses out (International reports)
The registrar of patents has granted the application of a local clothing retailer to cancel the trademark ZIP, registered in Israel by a foreign manufacturer, on the grounds of non-use under Section 41 of the Trademarks Ordinance. The applicant formerly imported the trademarked goods without a registered trademark licence agreement between the parties.
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