Quinn Emanuel, Leading US Litigation Firm Hosts Seminar in Tel Aviv

November 4, 2009

Many Israeli companies have been involved in litigation in the US. recently. Apart from Teva and the universities, Backweb, Red Bend, Sandisk and Finjan are names that come to mind.  

Quinn Emmanuel

Quinn Emanuel, which based on their track record for obtaining large payouts and on their success rate is perhaps the most successful US litigation firm, is to host an exclusive seminar on “Intellectual Property Litigation in the U.S. ” – but not in the US, rather in Tel Aviv.

John B. Quinn, Claude M. Sterne and Victoria F. Maroulis will present on various aspects fo IP litigation including developments in the US, winning tactics and strategies and controlling the costs of litigation.

The event will be held at the Crowne Plaza Hotel, Tel Aviv, on 12 November 2009 between 8:30 and 12:30 PM.  This promises a great opportunity to learn about this area of IP Practice.

To register, contact matthew@ruderfinn.co.il or phone 02-589-2006.

Explanation of picture – the firm Quinn Emanuel represents the Washington Redskins in ongoing litigation to have their trademark and name changed as being insulting to Native American Indians.


Hoffmann-La Roche Drops two Law Suits Against Teva but Files A Third

November 4, 2009

In response to Teva cancelling plans to manufacture a generic version of Boniva, a drug for osteoporosis, Roche dropped two law suits with Judge Stanley R. Chesler of the U.S. District Court (New Jersey), putting the final stamp on the without-prejudice dismissals.

Meanwhile,a couple of weeks back, Hoffmann-La Roche Inc. sued Teva Pharmaceuticals USA, Inc. et al. in the same District Court of New Jersey regarding infringement of U.S. Patent No. 5,472,949 following a Paragraph IV certification as part of Teva’s filing of an ANDA to manufacture a generic version of Roche’s Xeloda, used to treat breast, colon and colorectal cancer.


American Colony Hotel Prevents Competitor’s Using Name Colony

November 4, 2009

The word Colony was successfully registered as a trademark (number 79292) by AMERICAN COLONY OF JERUSALEM LTD. in 1993 but has been facing a voiding / canceling / correction process since 2007.

Judge Noam Solberg of the Jerusalem District Court has now ruled that “American Colony” can be considered a well-known mark in the context of hotels since colonies are not synonymous with hotels and thus can’t be considered generic, and the American Colony Hotel was internationally renowned. The determination that the mark was a well-known mark was given with the reservation that it was as far as this decision is concerned. Having successfully registered the trademark “Colony”, the owners of the American Colony have succeeded in getting an injunction to prevent a new hotel calling itself “Jerusalem Colony Hotel”, “Jerusalem Colony” or”Jerusalem Colony Residence”.

Background

The “American Colony” is a well-known hotel that sits on the seam between East and West Jerusalem and is widely used for political and business meetings between Jews and Arabs, and is also a favorite haunt of Journalists. See http://www.americancolony.com

The Jerusalem Colony LTD. is a building company whose name was also filed as a trademark. The new hotel is in the neighborhood of Jerusalem that is commonly referred to as the German Colony; a well-heeled neighborhood with many restaurants and coffee houses, that was originally founded by German monks (Templars). See http://en.wikipedia.org/wiki/German_Colony,_Jerusalem

Even 65 years after the Shoah, the name “German Colony Hotel” is not a great commercial choice for a hotel in Jerusalem, but the judge has ruled that in the name “Jerusalem Colony Hotel” for a hotel in Jerusalem, the dominant word is Colony, little weight can be given to hotel or Jerusalem and there is thus a real likelihood of confusion.

The TM 150279 for American Colony was abandoned in March 2003 and various other marks including the term American Colony and other words, like Jerusalem, Tel Aviv etc., are being reexamined. Presumably this court ruling will largely close the issue, and we anticipate the Israel trademark department of the patent office allowing the marks for building construction but not for hotels.

Case T.A. 9091/07 Jerusalem Colony vs. Colony Hotel