Procedural Ruling By New IP Arbitrator

March 15, 2009

In an intermediate ruling concerning presenting evidence in trademark opposition proceedings concerning Israel Trademark Application Number 1722221 Emporio Valentini, new IP Arbitrator, Ms Read the rest of this entry »


New IP Arbitrator at Israel Patent Office

March 15, 2009

There is a new Judicial Review Officer at the Israel Patent Office.  The job has been vacant for a while, and it is the first time, to my knowledge, that a woman has held this august position. Not that women lawyers are rare in the Israel public sector. Indeed, the Current Chief Justice is a woman.

Ms. Shoshani Caspi used to serve on the Israel desk at WIPO, where she was replaced by Li Maor, also a female.

Actually women are well-represented in the Israel IP world, with the head of the trademark department also a woman, and a number of examiners of both patents and trademarks being female. Women are well represented in IP management positions at university technology transfer companies, and the long serving head of the Association of Israel Patent Attorneys, Ms. Michal Hackmey is also female.

Not surprisingly, following university trends, most of the female patent attorneys are from life sciences backgrounds, but there are a couple of chemists and a materials scientist as well. I started my IP career under the mentorship of Ms. Michal Hackmey and then under Ms. Debbie Gador, so personally have learned a lot from women. 

In academia, we have Dr. Shlomit Ravid and Professor Nava Elkin Koren, both of whom have some way out ideas about IP – but hey, that’s what makes life fun.

(The double-barrelled sirname is typical of women lawyers in Israel who usually retain their name, but add their husbands following a court ruling that every women has a name – which is about as rediculous as Ahasuerus’ ruling that every man should rule in his household. 

There is a noticeable dearth of women inventors in Israel, but also worldwide. Of the hundreds of applications I’ve drafted, there are number of group efforts where one or more of the named inventors was female, but it is difficult to tell who actually invended the product. The only patent I recall drafting for a serious invention by a female, was for a method of making seamless underwear for Delta, invented by Rachel Israel, a charming client of mine. We managed to get that patent in the States without any office actions in time for Xmas, where the patented panties were marketed by Victoria’s Secret. Ms Israel is a mechanical engineer, and got into the field from the technical end.

An aunt of mine who was born and brought up in a secular Kibbutz background – i.e. an egalitarian society before it became trendy – maintains that women like the driving force to innovate, and if left to them, we would still be living in caves, but they’d be nicely decorated, with clean swept floors.

Anyway, in the course of reviewing other IPO decisions, I look forward to reviewing Ms Shoshani Caspi’s first few decisions and it will be interesting to see if there is a woman’s touch, or indeed if there is any discernable bias or trend in her approach to IP in contrast to that of other Judicial Review Officers and of the Commissioner, himself.


Spaced Out Trademark Decision For Apollo

March 14, 2009

Sakal Duty Free LTD, an Israel electrical goods importer and distributer registered “Apollo” as a trademark for various electrical goods including Read the rest of this entry »


Israel Commissioner of Patents Issues Circular Regarding Requesting Allowance of ISrael Patent Based on Issuance Abroad that is Under Challenge

March 14, 2009

In MN 72, Israel Commissioner of Patents, Dr. Meir Noam has ruled that when Section 17c of the Israel Patent Law is invoked to request allowance on the basis of a patent that has issued from one of the countries offering substantive examination of appropriate standard, if that patent is undergoing opposition or cancellation proceedings, the allowance will be suspended until the proceedings are concluded.


Another Two Holding a Tallit

March 12, 2009

In one of the more ridiculous patent cancelling actions addressed by the Israel Patent Office, Keter Sacrimental Read the rest of this entry »


Decision Regarding Thank Goodness it’s Friday and Lemon

March 11, 2009

In an interference proceedings regarding registerig identical trademarks for “Thank God it’s Friday” and for Lemon in various combinations and graphic designs, the Israel Arbitrator of Patents and Trademarks, Noach Shalev Shmulovich has ruled in favour of the Yissachar Golan the second applicant, rejecting Oren Rosenberg, the first applicant.

Apparently the two applicants were in business together and split up, and the ruling represents the contractual rights of both sides.

The decision is interested for a number of reasons:

  1. The arbitrator ruled in favor of the second applicant
  2. First applicant was represented by Amir Freidman, an IP expert, whereas second applicant was represented by a lawyer not well known as an IP expert, and
  3. Shmulovich decided to start his ruling quoting the first Mishna of Baba Mezia about two parties holding a prayer shawl, each claiming ownership.  In that case, the classic Jewish Civil Law Ruling is to share the rights. In this case, Shmulovich felt that sharing is inappropriate.

I actually disagree to the extent that were the arbitrator to decide that two parties have equal rights to a mark but nevertheless had to make a decision to prevent confusion by public, say, then at least theoretically the goods could be moniterized and the worth divided between parties.
It was pleasing to see the Israel Patent Office quoting the Jewish sources though.


No Likelihood of Confusion Between Tal Emek and Tal Eden

March 11, 2009

Tnuva, Israel’s Dariy cooperative and Gilat, Bareket and Partners, their lawyers, are no doubt cheesed off by IP Arbitrator’s Noach Shalev Shmulovich’s decision to throw out their Opposition to allowing Tal Eden as a trademark for cheese. Tal Eden means “Paradise Dew”, and was opposed due to its alleged similarity and likelihood of confusion with Tal Emek – meaning Valley Dew or Vale Dew – Tnuva and Israel’s domestic brand leading yellow cheese.

Although the first word and first syllable of the second word is identical, Shmulovich’ ruled that there was no likelihood of confusion since:

  1. the words having recognizeable meanings; 
  2.  in Hebrew the stress is on the last syllable and Tal Emek is known as Emek and would be ordered as such over the cheese counter in supermarkets and delicatessens;
  3. the packaging of the packaged cheese is different, and
  4. Tal Eden is being used for imported and expensive cheese, whereas Emek is the bog standard local brand, the quintessential “yellow cheese” and thus noone  would get them muddled.

We find Shmulovich’s reasoning convincing and remember that Eden Vale was the standard Cottage Cheese in Britain.  Whilst looking up eden Vale was fascinated to discover that there are a number of places called Eden Vales around the world, some of which make cheese.


Patent Application for Human Eyebeam Detection System Publishes

March 9, 2009

The psychiatrist and author Colin A. Ross, M.D.has announced his patent application for a system to detect the electromagnetic energy emitted by the human eye. The patent application,USSN 20090046246 titled “ELECTROMAGNETIC BEAM DETECTION SYSTEM” Read the rest of this entry »


Ahava enforces copyright law in case were parrallel trading of trademarked goods is allowed

March 5, 2009

the Jerusalem District Court has granted an injunction preventing the defendants from using marketing material from Dead Sea Laboratory’s catalogue and website on their own websites on the grounds  Read the rest of this entry »


Final Registration Fees for European Community Trademarks

March 5, 2009

A European Commission proposal for reducing the official fees for Community Trade Marks (CTM) has been accepted. There will be a slight increase in the filing fee but the final registration fee will Read the rest of this entry »


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