ITC To Investigate Patent Infringement Claim Against Sandisk

January 22, 2017

sandisk-memory-cardsApart from via the courts, there is a separate route for seeking justice against patent infringers. It is possible to bring a complaint to the US International Trade Commission (ITC).

Memory Technologies, a subsidiary of non-practising entity Pendrell Corporation brought such a complaint against Sandisk on December 6, 2016, which was amended on December 12, 2016 and supplemented on December 27, 2016.

The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain flash memory devices and components thereof that allegedly infringe patents asserted by the complainant.

The ITC has decided to investigate whether Sandisk’s SD cards and microSD cards for use in cameras and other electronic devices infringe Memory Technologies patents.

 


Copyright in Multiple Choice Test Questions

January 20, 2017

multiple-choice-2In Israel, to obtain a driving license, the wannabee driver has to pass both theory and practice exams and then to drive with an experienced driver riding shot-gun.

Periodically, drivers have to do refresher courses, even if they don’t have points on their license for traffic offences.

The system is far from perfect in that annually there are plenty of traffic offences and people killed in traffic accidents. Israel is a Mediterranean country and this affects the attitude of drivers, but I digress.

Borsy is a Publishing House that has a monopolistic license from the government to generate and distribute driving theory multiple choice questions.

Derekh (Way) has a website that teaches driving theory.

multiple-choice-1

Borsy sued Derekh for copyright infringement claiming that it publicized multiple choice questions (known in Israel as American testing) cribbed from Borsy.

A magistrate’s court ruled that Derekh did indeed copy multiple choice questions, sometimes with minor changes in wording, or use of synonyms. It rejected a defense offered by Derekh that they were operating under an agreement with Borsy, and ordered Derekh to pay Borsy 85000 Shekels in compensation.

Comment

  • A few years ago, the Israel Supreme Court overturned a ruling for copyright infringement in grammar text bookscopyright infringement in grammar textbooks.  Frankly, I am not a great fan of either unique government licenses to make up tests of this nature, or to extend copyright to include synonyms and minor changes of wording.  There are a limited number of multiple choice questions that can be based on the highway code. Reproducing road signs may itself be copyright infringement. However, the real question is one of policy. Do we want monopolies in this area?

LES Event on Copyright for Software

January 17, 2017
Inline image
INVITATION TO A LES ISRAEL EVENT
LES Israel is hosting an event on Monday,January 30th, 2017, at IBM Israel Ltd., 94 Derech Em-Hamoshavot Petach-Tikva, at 09:00am.
 
The event will be dedicated to the topic “Rights in Software”
 
The topic will be presented, as follows:
 
Part A: Lectures
  • Ziv Glazberg, Patent Attorney and Advocate (Ziv Glazberg), a Partner atG&A Glazberg, Applebaum & Co., a law and patent firm, will speak on “Patent Protection for Software”;
  • Eran Bareket, Advocate (Eran Bareket), a Senior Partner at Gilat, Bareket & Co. of the Reinhold Cohn Group, a law and patent firm, will speak on “Copyright for Software – Protection and Exceptions”; 
  • Haim Ravia, Advocate (Haim Ravia), a Senior Partner, Chair of the Internet, Cyber & Copyright Group at Pearl Cohen Zedek Latzer Baratz, a law and patent firm, will speak on “Alternative Use of Copyrights in Software and Digital Content”
Part B: Panel
 
Moderator: Suzanne Erez, Patent Attorney and Advocate(Suzanne Erez), IPLaw Counsel, EMEA IPLaw – Israel, Research, IBM;
 
o   Einav Zilber, Patent Attorney and Advocate (Einav Zilber), Director, Global Law Department, Intellectual Property Counsel, Applied Materials Israel and Applied Materials India;
o   Yoav Alkalay, Patent Attorney and Advocate (Yoav Alkalay), Head of IP, Amdocs;
o   Ben Haklai, Advocate (Ben Haklai), Commercial (Legal) Lead, Microsoft Israel;
o   Hananel Kvatinsky, Patent Attorney (Hananel Kvatinsky), Director of Intellectual Property, Orbotech Ltd.;
o   Ori Buberman, Advocate (Ori Buberman), Head of Intellectual Property, Mobileye Ltd.;
 
The event is free to LES Israel members.
Non-members: NIS 50 charge.
 
Registration is by email to les_israel@yahoo.com.
 

K -KOSHER – Looking for contributions to Oppose Indian Trademark Application

January 16, 2017

k-kosher

India has the world’s second largest population, its third largest economy and is the second largest producer of food after China.

India is a ‘global hotspot’ for food manufacturers, food producers, and food ingredient professionals. The country is now becoming an integral part of the global food ingredient network and supply chain. Given this trend, India has become one of the most important destinations for food investment, with the food industry growing at an annual rate of 17%. As food exports continue to increase in India, many Indian food manufacturers are required to certify that their products and ingredients are kosher.

In April 2016, Indian trademark Application Number 3243779 was filed by Mrs. Suchi Agarwal trading as AMRIT EXCLUSIF. The mark covers beverages including wine, spirits, liquors, whisky, brandy, rum, vodka, gin and Scotch all included in class 33. Ms Agarwal already has the word mark for leather goods.

Veteran Israel Trademark Attorney Neil Wilkof brought this application to my attention.

 

Wine is a key element in the rituals that mark the onset and end of the Jewish Sabbath and festivals, and features in life cycle events such as circumcision and wedding ceremonies. Perhaps due to its centrality, over the millenia, very stringent manufacturing and storage requirements have been developed that must be met for wine and brandy to be considered Kosher.

Neil’s problem is that the 3243779 mark is misleading in that if applied to the beverages listed, consumers would assume that the beverages are Kosher. On the other hand, no one organization should be able to prevent other manufacturers from using the work Kosher on wines that are manufactured in accordance with Jewish Law, and under bona fide Rabbinical supervision. There are a number of Indian trademarks for Halal marks including 1131733 (wordmark) and 1131732 and 1493214 which are each slightly stylized. A Moslem purchasing meat labeled as Halal would expect it to be from a clean animal that is slaughtered with a knife in accordance with Moslem practice and beverages labeled as Halal to be free from Alcohol. Similarly Jews should be able to expect wine or meat labeled as Kosher to be manufactured and stored in accordance with Jewish Law.

Neil and I have discussed the case with retired trademark expert Professor Jeremy Phillips as well as with the local Indian trademark counsel who brought the application to Neil’s attention. We all believe that there are grounds to oppose this registration under the Indian Trademark Law. The deadline for filing an Opposition is in mid-February 2017. We are happy to donate are time to this cause and I’ve reached out to the officer who handles fraud in matters of Kosher food for the Israel government.

None of us knows any Jewish licensed trademark Attorneys in India, and whilst we believe that Buddhists and Moslems will be sympathetic to the cause, we cannot expect a non-Jewish practitioner to work Pro Bono on this matter. Neil has consulted with the firm in India and it is estimated that the cost of fighting this opposition  could amount to $2000 – $3000. Neil and I are willing to assist the firm pro bono as needed.  If we can now find 20-30 practitioners who will each put $100 in the pot, we will have a budget for fighting this. Neil and I have agreed to put in the first couple of hundred. Please contact either of us if you’d be prepared to help.


Big Deal – The Long Awaited Decision.

January 12, 2017

ynet big-dealAt last we bring you the ruling concerning the registerability of Israel Trademark Application No. 234855 to Yidiot Internet, the website portal of Yediot Achronot in light of previous registered word mark for BIG DEAL owned by a chain of discount stores.

The main issues discussed are whether the existing mark can be considered as a well-known mark and whether there is a likelihood of confusion or evidence of actual confusion between the chain of discount stores and the Internet portal.

For those who’ve missed the earlier chapters in this exciting case, we first reported on this case back in 2014 see here. We then reported on an interim skirmish, and most recently, on a request to strike evidence in September 2016. This is the decision. However, we note that it may be appealed through the courts, so there could be sequels.

The mark was filed in Class 35 back in 2011 for promoting sales of third-party goods via coupons and the like. Ynet purchased the BigDeal.co.il for this purpose back in 2010.

big-deal-storeThe  mark was opposed by H.A.B.Trading Ltd which has run a chain of discount stores called Big Deal since 1993, that peaked at 14 stores and now includes 8 stores selling bargain goods. Since September 2009, H.A.B.Trading Ltd owns Israel Trademark 131862 for the word mark BIG DEAL, also in Class 35, for “stores selling toys, kitchenware, disposables, domestic goods, children’s clothes, books and drawing books”.

The Opposer’s Claims

The Opposer filed and received a trademark application for the term BIG DEAL in capital letters. This means that they have exclusivity to the words, regardless of stylization. They have used the mark and various stylized logos for years. The opposer’s registered mark is well-known, is identified with them and so the Applicant’s mark is not registerable under Section 11(14) of the Trademark Ordinance 1972. Read the rest of this entry »


Reinstatement of IL 122846 to Tyco Fire and Security rejected

January 11, 2017

The fourth renewal of Israel Patent No. 122846 to Tyco Fire & Security was not paid by the deadline of 4 January 2012. A request for reinstatement together with an affidavit was submitted on 9 November 2016, following an earlier request without an appropriate Affidavit that was filed on 1 August 2016 which was rejected in a ruling of 4 August 2016, that without an affidavit such a request could not be considered and that the date of resubmission with an Affidavit would be considered the date of submission. The submission of 1 August included an update that the renewal fee had been paid and a request for reinstatement without any reasons.

On 9 November 2016, an affidavit by Michael Lahat, an employee of Visonic, was submitted. Mr Lahat claimed that Visonic had transferred the rights of the subject patent to the present owners back in July 2013. He further claimed that he was a member of the IP committee of TYCO and consequently, could testify on behalf of the company.

When the renewal fee was due, an employee of Visonic informed the Israel Representative that the company intended to renew the patent themselves, without assistance. In practice the renewal was not accomplished and no explanation was provided. The employee in question left the company hack in November 2013, but prior to her leaving, the rensponsibility for paying renewals was transferred to CPI. In July 2013, this and other Visionic patents were transferred to Tyco. The transfer of ownership was recorded in the Patent register on 31 December 2014, but by this time, the patent in question had already lapsed over a year earlier.

Close to what would have been the fifth renewal date had the patent not lapsed (years 18-20), on 4 January 2016, CPI [MF- Probably CPA – Computer Patent Annuities] tried to perform the renewal, but, since the patent had lapsed, were unsuccessful in this attempt. In March 2016 the renewal company informed the patentee that the mark had lapsed. The attempt to  revive was submitted eight months later.

Section 60 of the Patent Law 1967 states that there are  three conditions for restoring a patent subject to public opposition:

  1. that the payment was not made due to reasonable causes
  2. That the Patentee had not wanted the patent to lapse
  3. That the  request to reinstate was filed as soon as the patent lapsing was known to the applicant or to his representative

The Deputy Commissioner Ms Jacqueline Bracha was not convinced that these conditions were met since it was not clear why the fee was not originally paid in a timely manner since the instructions given to the former employee were not made of record.

The fact that details of the patent were provided to the renewal company does make it clear that the patentee did not want the patent to lapse, so the second requirement is fulfilled, although the after a delay.

No suitable explanation was provided for months passing from when it was discovered that the patent had lapsed until the affidavit was filed.  In this regard it is noted that the patentee was an Israel company that was not difficult to communicate with. That said, even if the patentee was a foreign entity there is no justification for eight months passing in the modern age with modern communication channels.

Since two out of three of the essential conditions were not met, the request for reinstatement is refused.

 

 


Black Diamond Word Mark Successfully Opposed

January 11, 2017

black-starYunusov Timur Ildarovich, a citizen of the Russian Federation, requested Israel Trademark Number IL 273221 for BLACK STAR in classes 13 and 14 covering agates; diamonds; amulets [jewellery, jewelry (Am.)]; bracelets [jewellery, jewelry (Am.)]; charms [jewellery, jewelry (Am.)]; key rings [trinkets or fobs]; brooches [jewellery, jewelry (Am.)]; alarm clocks; pins [jewellery, jewelry (Am.)]; tie pins; pearls made of ambroid [pressed amber]; pearls [jewellery, jewelry (Am.)]; tie clips; cuff links; gold, unwrought or beaten; cloisonné jewellery [jewelry (Am.)]; works of art of precious metal; jewellery of yellow amber; semiprecious stones; spun silver [silver wire]; necklaces [jewellery, jewelry (Am.)]; rings [jewellery, jewelry (Am.)]; boxes of precious metal; medallions [jewellery, jewelry (Am.)]; precious metals, unwrought or semi-wrought; coins; gold thread [jewellery, jewelry (Am.)]; silver thread [jewellery]; olivine [gems]; osmium; palladium; platinum [metal]; silver, unwrought or beaten; earrings; ingots of precious metals; alloys of precious metal; statues of precious metal; figurines [statuettes] of precious metal; paste jewellery; ornaments [jewellery, jewelry (Am.)]; shoe ornaments of precious metal; hat ornaments of precious metal; ornaments of jet; chronometers; watches; wristwatches; spinel [precious stones].

The Application was the an Israel National entry of International Trademark Number 1239831.

On allowance, the allowance was reported to the International Office of WIPO as per Section 56vi of the Trademark Ordinance, providing detials of the Opposition period.

On 27 September 2016, an opposition in Class 3 was filed on behalf of Sea of Spa Laboratories Ltd under Section 24 of the Trademark Ordinance 1972 and regulations 35-46 of the 1940 Trademark Regulations. The Opposition was reported to WIPO, and the various deadlines passed without Ildarovich responding to the Opposition, so he is considered as having abandoned the application.

The mark is closed and no costs are awarded.