The IP Trailhead from JMB Davis Ben-David August 2023

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In Favor of Foresight – August 2023

As we adjust the beach umbrella, order another tequila or make plans for yet one more summer excursion, all the while trying to ignore the impending end of summer and onset of fall (at least in the northern hemisphere), in this current edition of the JMB IP Trailhead, we discuss aspects of what may considered to be an unlikely subject, namely, of forward thinking (or the absence thereof).

We go from the unmet need of being able to float your BBQ alongside you in the pool as discussed by Mike Hammer, and to the foresight that may be required so as to not fall foul of UDRP tests in the quasi-real world of domain names and trademarks as raised by Ivan Lipshitz. While the above may seem either frivolous or make believe to the average person, what is very real to too many people is the possible presence of cancer, real time detection of which during surgery is provided by Nutek Medical, featured in our latest podcast in which Avraham Hermon interviews Dov Cohen, Nutek’s CEO.

Enjoy the rest of the summer, and good luck as you head back to the office!

The Interface between Trademarks and Domain Names- Part 3: Identical or Confusing Similarity for Purposes of the First Element in UDRP Proceedings

by Ivan Lipshitz, Adv., JMB Davis Ben-David

In this article I discuss “ Identical or Confusing Similarity “ in the context of establishing the First Element under the requirements of paragraph 4(a) of the Uniform Domain Name Dispute Resolution Policy (the “Policy” or “UDRP”).

In my previous articles on this subject (here and here), I wrote that to succeed in a complaint under the UDRP, the complainant is required to show that all three of the elements set out under paragraph 4(a) of the Policy are present. Those elements are that: (i) the disputed domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; (ii) the respondent has no rights or legitimate interests in respect of the disputed domain name; and (iii) the disputed domain name has been registered and is being used in bad faith.

READ MORE BY CLICKING HERE

Dov Cohen is the CEO and co-founder of Nutekv Medical, an Israeli medical device startup that has created a device to detect cancerous tissue real time during surgery.

Avraham sat down with Dov in the offices of JMB Davis Ben-David to discuss how Dov came up with the idea, developed a prototype, built his team, got funded and his tips for startup founders.

LISTEN TO THE CONVERSATION HERE

Invent for Today, Patent for Tomorrow: Lessons from In Re: Float’N’Grill LLC (CAFC, 2023)

by Dr. Mike Hammer, Senior Partner, JMB Davis Ben-David

I recently read an interview with a politician running for city council in our upcoming municipal elections. In summarizing his overall approach, he said: “Life is uncertain! Who knows what will happen in the future. The important thing is to focus on the present!” I’m sure he meant to highlight his commitment to solving current local challenges, but to my patent attorney ears his dismissal of the future sounded at best a misguided failure of imagination, and at worst a mindset that is incapable of the advance thinking needed to address potential problems before they occur. It reminded me of a recent decision by the US Court of Appeals for the Federal Circuit (the CAFC) in In Re: Float’N’Grill LLC, which provides an object reminder of the importance of knowing your invention and its area of technology, and the criticality of thinking about the future all the while fully engaging with the present.

The case involves Float’N’Grill LLC’s (“FNG”) broadening reissue application of US Patent No. 9,771,132, which, as one might predict, is directed to a “floating apparatus for supporting a grill.” In 2021, FNG appeared on the US television show “Shark Tank.”