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Imagine

by Jeremy M. Ben-David, Founder, Managing Partner

So what do you think of when someone says to you “Imagine”?

 

For many, they will immediately think of the immortal song released by John Lennon in 1971. It says different things to different people. For example, imagining “all the people livin’ for today” raises the age old existential question as to the purpose of our very existence. And so the song continues, and each line, when properly considered, gives rise to very serious questions; questions that we should be asking, even if we don’t necessarily agree with the answers hidden in the lyrics. 

 

I thought of this song, now 51 years old, after hearing that Elon Musk had recently been quoted as saying ‘patents are for the weak’. Being naturally curious about what I viewed to be rather strange, I found that he did in fact make such a statement when talking to Jay Leno, as reported on the CNBC website. Musk was quoted as saying “I don’t care about patents” and “Patents are for the weak”. He was further quoted as contending that “They’re used like landmines in warfare,” and “They don’t actually help advance things; they just stop others from following you.”

 

This is nothing if not provocative. 

 

I could refer to the ownership by Musk’s flagship company Tesla, of 3,304 patents (as per the 2000-2020 statistics shown on the Statista website). However, as they have relatively recently made so many available for open license it is possible that Musk had a change of heart and believes what he is now saying. Maybe he is even slightly embarrassed by his wealth of patents.

 

Curiously enough, in addition to the release of Imagine 51 years ago, another event that took place 51 years ago was the birth of none other than Elon Musk.  Mere coincidence? Probably.

But one line of the song that resonates very strongly includes the words “You may say I'm a dreamer”.

Can A Slogan Be A Registered Trademark In Israel?

by Aaron Lewin, Attorney

A recent decision of the Deputy Registrar of the Israel Patent Office shows how difficult it can be to obtain a trademark registration in Israel for a slogan – even when the slogan has already been registered in a major jurisdiction such as the United States. 

 

In application number 328636, filed 14 June 2022, Bristol-Myers Squibb Company requested registration in Israel for the mark, “TRANSFORMING PATIENTS’ LIVES THROUGH SCIENCE”. The application was filed in Class 44 for the following services: “Providing medical and pharmaceutical information on the topic of health issues and health awareness and pharmaceutical preparations for human use”. 

 

The examiner refused the application on the grounds that the mark lacked distinctiveness and was descriptive of the claimed services. 

 

This case shows that to succeed in an application for trademark registration of a slogan in Israel, it is critical that the sequence of words that comprises the mark must have some unusual linguistic, textual or conceptual feature that provides an element of distinctiveness, otherwise the applicant must be able to provide sufficient evidence that the mark had acquired distinctiveness in Israel through extensive use.

Asaf Shiloni, a veteran biotech founder and manager is the CEO of Kadimastem a clinical stage biotech company, that is creating cell therapy that enables the production of off-the-shelf cell-based products for the treatment of unmet medical needs such as ALS and a cure for Diabetes.

 

Avraham sat down with Asaf in the offices of Kadimastem to discuss how Kadimastem is creating and testing their innovative therapies, why Israeli startups are so successful, the role of patents in Kadimastem’s business, tips for startup founders and much more.

Trademarks

The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.

Designs

For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds. 

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We're here to help you with your patents, designs and trademarks.

We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks.  Since 1995 we have been working with partners around the world so as to secure our clients’ IP rights.  We’re here for you.

Managing Partner
JMB Davis Ben-David