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