š11 Kiryat Hamada Street, Jerusalem, Israel
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As we usher in the Jewish New Year 5784, of which the first ten days is a period of spiritual introspection, I am reminded that one of the cornerstones of what it means to be a human being is moderation and balance, in many, if not most, aspects of life. This also has application as we view the world through the arguably myopic lens of intellectual property in which we must walk a fine line between not taking ourselves too seriously, but regarding our clients and their competitors and colleagues with great seriousness.
In this present issue of JMBās āthe IP Trailheadā, we have a complete āmenuā of matters, which definitely encompass different aspects of life, with varying amounts of IP thrown in for good measure. With a question regarding the difference between whisky (without an āeā) and whiskey, I do ask a question which I am sure will be considered heretical by some, as to the importance of what the stuff is or can be called legally, when it is pleasant to the palette regardless of title. A much more serious matter (though I am sure of less interest that whisky) is how to satisfy Israeli design drawing rules. The recommendations by my colleague Israel and US Patent Attorney Eviatar Aron will be of interest to but a select few, although of immense importance, particularly for those seeking to obtain registration in Israel through the Hague System. Our Ivan Lipshitz continues in his discussion of a far more weighty subject, namely Trademarks and Domain names and where they can come to blows. In stark contrast, the interviewee of our Israeli Technology Founders Speak Podcast is Ms. Keren Avriel-Sadan, CEO & Co-Founder of āYevul Info,ā currently quartered in the G.O Innovation Incubator in the Galilee region of Israel. In the discussion, Avraham Hermon hears about their solution to prevent over fertilization of crops and thus optimize food production. Without question, if you are interested in hearing about a solution to one of the Worldās most pressing needs in combating food security issues, you will want to tune in to the podcast(!)
Wherever you are, we at JMB wish you a happy, safe, meaningful and prosperous new year! And as always, please reach out if you have a question about any of the issues raised in this newsletter.
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In the present article I delve into case analyses and explore real case scenarios relating to the āno rights or legitimate interestā legal concepts for proving the second element in UDRP proceedings.
No Rights or Legitimate Interests
Under paragraph 4(a)(ii) of the Policy, the complainant has the burden of establishing that the respondent has no rights or legitimate interests in respect of the disputed domain name. To prevail, a complaint must prove that respondent has either no right or legitimate interest or lacks both.
While the overall burden of proof in UDRP proceedings is on the complainant, panels have recognized that proving a respondent lacks rights or legitimate interests in a domain name may result in...
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One of the challenges when filing a design application is ensuring that the drawings used to describe the ornamental features of a design meet the procedural and substantive requirements of the design registration examination process. For someone who has never filed a design application in Israel, this can be a daunting task and without the proper guidance, can lead to an expensive examination and/or rejection of the design application.
Clarity and consistency are key factors. Based on our experience, we highly recommend that if you plan on filing for design registration in Israel, you take a number of fairly basic precautions during preparation of the initial design drawings, as follows:
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Keren Avriel-Sadan is the CEO and co-founder of Yevul Info an Israeli Agtech startup that helps growers reduce fertilization by 30% while providing early alerts for crop stress using a smart learning algorithm. The system incorporates imaging cameras, fertilizer control injectors, and sophisticated machine-learning and computer-vision algorithms.
Avraham sat down with Keren in the offices of Yevul Info in Katzrin to discuss how Keren came up with the idea, how she got funded, founded a team, the challenges and future of her startup, tips for founders and much more.
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If you have read this far (yes, I know this is just the beginning), then you probably have some degree of interest in the caramel colored alcoholic beverage that is estimated to be worth about 88 billion dollars in 2023 as per the Statista website. If you are now frowning at my characterization of your favorite drink, then itās clear that you know when a whisky (without the letter āeā) is not a whiskey (with an āeā), and that the former normally refers to those such spirits originating in Scotland, Canada, and Japan and the latter to those from the US and Ireland, as per the Oak and Eden website.
The fact is, origin does matter, probably no less than the type of whisky (Iām going for the Scottish spelling) and an abundance of other parameters which are of great importance to whisky connoisseurs which, by the way, I am not. Full disclosure: I like whisky, but other than my preference for peaty or smokey whisky, and my snobbish preference of single malts, I really couldnāt tell you much else.
So why am I discussing this? Iāll tell you.
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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.
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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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The JMB Davis
Ben-David
YouTube Channel
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You'll find our hour long webinars on Patents and using the Patent system to your advantage.
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We're here to help you with your patents, designs and trademarks.
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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 clientsā IP rights. Weāre here for you.
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Managing Partner
JMB Davis Ben-David
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