Searching Content indexed under Intellectual Property by S Horowitz & Co ordered by Published Date Descending.
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Not By Bread Alone - Angel vs Engel
Section 11(9) of the Israeli Trademark Ordinance establishes the well-known principle according to which a trademark, which is identical or confusingly similar to another prior mark which is already registered ...
5 Jun 2019
I See Your (True) Colours - The Registerability Of Colours And The Names Of Colours As Trademarks
Over the years, rulings in Israel have dealt with this question in various ways
22 May 2019
A Racemic Compound? A Racemic Mixture? The Fight Over PTE/SPC For Enantiomers Goes On!
The Israeli Patents Law 1967 empowers the Registrar of Patents to extend the term of 'basic patents' protecting pharmaceutical products, for an additional term beyond the statutory 20-year period of patent protection.
20 May 2019
Employee Remuneration For Service Inventions: Collective Regulation May Help Reduce The Exposure Of R&D Companies
A recent precedential decision, issued by the Compensation and Royalties Committee ("the Committee"), in a case in which our firm represented a leading Israeli company...
12 Feb 2018
You Snooze You Lose!
Interested in Patent Term Extensions for medical device in Israel? Be ready for prompt action
9 Feb 2018
The Israeli Supreme Court: Patent Rights Do Not Override Patients' Rights!
The Supreme Court allowed an appeal filed by The Manufacturers Association of Israel, but denied that filed by Merck Sharp & Dohme Corp., thereby determining that MSD's patent term extension for ezetimibe has expired.
12 Apr 2017
VIRGIN – A Well-Known Trademark In Israel And Part Of Family Of Marks
The Israeli Patents, Designs and Trademarks Registrar (hereinafter: "the Registrar") held that the mark "VIRGIN CANDLES" (hereinafter: "the Requested Mark") is confusingly similar to the registered trademark "VIRGIN", which the Registrar recognized as a well-known trademark in Israel.
4 Dec 2007
"Do What Feels Good" — Registration of a Slogan as a Trademark
In a decision of the Israeli Trademarks Registrar dated March 6, 2006, it was held that Coca Cola's trademarks for "DO WHAT FEELS GOOD" consist of a slogan which has no distinctive character and are therefore not acceptable for registration.
17 May 2007
Rival Applications—Co-Existence of Identical Trademarks Limited to Different Geographical Areas
In a precedential decision of the Israeli Registrar of Trade Marks dated Jul 9, 2006, it was held that, under certain conditions, identical marks may co-exist in the registry, subject to each registration being limited to a different or specific geographical area.
17 May 2007
Ansell v. Super Pharm—Trademark Infringement
In a decision of the Israeli District Court dated November 28, 2005, in the matter of C.A. 643/05 Ansell Limited v. Super Pharm (Israel) Ltd. et al. (not yet published), it was held, inter alia, that the claimant, the owner of the mark "Life Styles", is prevented from raising arguments against the defendant's marks "Life" and "LifeStyle", due to the lengthy period that elapsed since the claimant first became aware of defendant’s use of the marks and, throughout that period, the claimant refr
3 Aug 2006
Are the Marks "CANALI" & and "CANAL JEANS CO. NEW YORK " Confusingly Similar?
In a decision of the Israel Supreme Court dated January 13, 2005, in the matter of Civil Appeal 11/23/04 Canali S.P.A. et al. v. Canal Jean Co. (not yet published), it was held that the mark "CANAL JEAN CO. NEW YORK" (stylized) is not confusingly similar to the "CANALI" mark.
4 Apr 2006
Copyright Infringement in Lectures
In a decision of the Israeli Supreme Court dated January 16, 2006, in the matter of CA 8117/03 Eitan Inbar v. Asaf Jacob (not yet published), it was held, inter alia, that a textbook published by a student constitutes an infringement of the lecturer's copyright in his university lectures.
25 Jan 2006
Consent for Registration of a Mark by the Proprietor of an Earlier, Similar Trademark is not Always Sufficient
In a decision of the Intellectual Property Adjudicator (Hearing Officer) dated December 7, 2004, given in connection with Israel trademark application No. 152627 for "CHUNKY" (stylized), in class 30 (" ‘CHUNKY’ trademark application"), it was held that the consent given by the proprietor of an earlier trademark is not sufficient to enable registration of a similar mark where there exists a likelihood of confusion between the two marks.
17 Jan 2006
Revocation of the Only Israeli Appellation of Origin, for "JAFFA"
In a decision handed down by the Israeli Registrar of Trade Marks, dated January 9, 2005, it was held that the Israel Appellation of Origin for "JAFFA" (including "Jaffas" and also "Yafo", "Jaffa" and "Jaffas" in Hebrew) ("the JAFFA AO") will not be renewed.
15 Nov 2005
Clarifications to Examination Policy
The Israeli Registrar of Trade Marks recently issued several Circulars, addressing the policy of the Israel Trade Marks Office ("the ITMO") with respect to the examination of different types of trademark applications.
15 Nov 2005
Unjust Enrichment (Restitution)—the Elements Necessary to Establish a Claim for Unjust Enrichment
In a decision of the Israeli Supreme Court dated May 16, 2004, in the matter of L.C.A. 502/04 Buffalo Boots GMBH et al. v. Gali—Chain of Shoe Stores (TK-Supreme 2004(2), 1627), it was held, inter alia, that in order to establish that the enrichment of the defendant is unjust, it should be proven that an "additional element" exists (as previously held by the Court in L.C.A. 5768/94, 5614/95, 993/96 A.SH.I.R Import Manufacture & Distribution et al. v. Forum Cons
21 Jan 2005
Allergan v. B4U—Trademark Infringement
In a decision of the Israeli District Court dated January 12, 2005, in the framework of provisional proceedings in the matter of C.A. 2332/04, MCA 20294/04 Allergan, Inc. et al., v. B4U Ltd. et al. (not yet published), it was held, inter alia, that respondents’ use of the marks "BOTO EFFECT" and "BOTORELAX" infringe Allergan Inc.’s well-known trademark "BOTOX".
17 Jan 2005
Mcdonald´s v. Mcdonald — Use Of Surname Which Constitutes Trademark Infringement
In a decision of the Israeli Supreme Court dated March 30, 2004, in the matter of C.A. 8483/02 Aloniel Ltd. et al. v. Ariel McDonald (not yet published), it was held, inter alia, that Mr. Ariel McDonald’s use of his surname in the framework of televised advertisements in Israel for the fast food chain "Burger King", infringe the trademark rights of the fast food chain, McDonald’s Corporation.
30 Jun 2004
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