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08 January 2019

Protecting and enforcing design rights: Israel

A design will be considered new if an identical design, or a design that differs only in non-essential details, has not been made available to the public before its disclosure date.

08 January 2019

Protecting and enforcing design rights: Israel

A design will be considered new if an identical design, or a design that differs only in non-essential details, has not been made available to the public before its disclosure date.

12 September 2018

Trademark procedures and strategies: Israel

While the Trademark Ordinance predominantly provides protection for registered trademarks, it also protects unregistered well-known trademarks.

24 July 2018

“Don’t panic” – new entrants to Madrid Protocol give mixed feedback on their experience since accession

​​​​​​​Law firm practitioners in jurisdictions that have adopted the Madrid Protocol in recent years have shared their experience in an exclusive survey. While some praised the system, other were scathing about its impact.

24 May 2018

No BIG DEAL? Supreme Court confirms likelihood of confusion between marks as used

Israel’s Supreme Court has confirmed that there was a likelihood of confusion between the word mark BIG DEAL and the stylised mark BIG DEAL. When comparing the marks as used side-by-side, the likelihood of confusion was apparent.

18 May 2018

Flurry of royal wedding marks, Israel added to TMview, and India unveils IP mascot: news round-up

In our latest round-up, we look at a number of trademarks that appear to be related to Prince Harry and Meghan Markle, the USPTO unveiling a new resource center, the sale of the Toys-R-Us brand, and much more.

14 May 2018

Victory for Barilla: Supreme Court finds competitor's packaging confusingly similar

Israel’s Supreme Court has upheld a temporary injunction preventing Rami Levy from marketing pasta products in blue packaging, finding that it was confusingly similar to well-known pasta producer Barilla's own packaging.

12 December 2017

No time limit to cancel trademark registrations filed in bad faith

The Tel Aviv District Court recently rejected a trademark infringement claim which had been filed by the owner of a local furniture chain against the purported use of the mark HABITAT in Israel by Habitat International.

24 October 2017

Israeli court addresses relationship between design protection and copyright

The Israeli Supreme Court recently dismissed claims by Fisher Price Inc and Mattel Inc of copyright infringement and passing off in a copy of a rocking chair.

18 September 2017

New design protection law

A new design law has been approved by Parliament and will come into force in August 2018. The new law will provide the legal basis for protection of designs, and will eventually replace the Patents and Designs Ordinance 1924. It aims to provide small and medium-sized local enterprises and individual designers, as well as global enterprises, with effective ways to protect their designs and enforce their rights.

27 July 2017

Apple’s iPad Mini registrable despite prior publication

In Apple Inc v The Registrar of Patents, Designs and Trademarks the Jerusalem District Court has overturned a decision by the Registrar of Patents, Designs and Trademarks which had rejected Apple’s Design Application 53627 with respect to the design of a tablet device on the grounds of prior publication.

29 March 2017

Trademark procedures and strategies: Israel

The courts have recently addressed the registration of 3D trademarks and slogans as trademarks – ruling that in certain cases, the shape of a product may be protected as a 3D trademark if it has acquired distinctiveness and is used as a trademark, and that a slogan which is filed for registration should be examined in the same manner as any other mark and should not be a priori considered inherently non-distinctive.

26 January 2017

Salvador Dali's publicity right found to be alive and kicking

The Central District Court has held that the judge-made right of publicity in respect of the name of Salvador Dali had survived the death of the artist for at least 25 years and devolved on the artist's estate, which was awarded compensation for the unauthorised use of the artist's name. Appeals to the Supreme Court are pending.

18 January 2017

Unregistered mark with reputation can enjoy protection

In The National Aluminium & Profile Co (foreign company) v Extal Ltd, the Jerusalem District Court has affirmed the deputy trademark registrar’s refusal to register a mark consisting of a lengthwise slit along aluminium profiles following an opposition by the owner of a long-used similar mark.

18 November 2016

A change for '.il' domain names

The Israel Internet Association – the registry responsible for running the '.il' namespace – recently announced that the registration and management of '.il' domain names would move to a registrar model. The move took effect this month, when ISOC-IL transferred the registration and management role for all '.il' domain names to accredited registrars.