Region: Africa & Middle East

New commissioner of patents and trademarks appointed

Asa Kling has been selected to be the next commissioner of patents and trademarks. He succeeds Meir Noam, who held the position for seven years. The position is equivalent to that of a district court judge.

23 March 2011

3D trademark application for tahini container rejected – but for all the wrong reasons

AGS Green LTD filed a trademark application for a tahini container in Class 29 of the <i>Trademark Register</i>. 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.

02 March 2011

Importer prevails against Adidas: four-stripe trainers do not infringe

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.

23 February 2011

Patent Law amended retroactively to take care of internet publication issue

The <i>Knesset</i> 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 <i>Reshumot</i>.

16 February 2011

Judge refuses to charge Levis for cost of counterfeit jeans seizure

A Tel Aviv judge recently ruled that Israel Customs was wrong to attempt to charge Levi Strauss & Co for the cost of storing and eventually destroying confiscated counterfeit jeans. The decision highlights one issue that can arise when Customs proactively seizes and holds goods that are suspected of infringing copyrights and trademarks.

09 February 2011

No miracle for publisher of religious law code

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 <i>Mishneh Torah</i> (a classic code of Jewish religious law), against a Jewish institute of learning.

26 November 2008

Parallel registration of two GALILEE WINERY marks allowed

In cross-opposition proceedings, the deputy registrar of trademarks has dismissed oppositions to the registration of the marks GALILEE WINERY and GALILEE MOUNTAINS WINERY for goods in the same class, holding that both marks could coexist on the register. Among other things, the registrar held that the market for wine and that for other alcoholic beverages are clearly distinguishable.

01 October 2008

Descriptive use exception does not obviate need for disclaimer

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.

27 August 2008

VERSACE marks cancelled after 20 years

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.

20 August 2008

Misrepresentations of patent ownership contributed to tax evasion conviction

A recent case demonstrates how patent ownership issues can come to bear on tax evasion, thus going far beyond the typical context of patent infringement actions and ownership disputes. The judgment shows that misrepresentations as to inventing and owning an invention may result in criminal tax proceedings.

13 August 2008

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