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General Global Week in Review 8 February 2010 from IP Think Tank

Copyright Monday, February 8, 2010 Duncan Bucknell Company

Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

EPO suspends decision on new president (IP Watch) (IP Watch) (IAM) (Innovation Partners) (Managing IP)

CAFC: Firm disqualified from representing party on appeal where partner served as opponent’s expert at trial: Outside the Box Innovations, LLC v. Travel Caddy, Inc (not precedential) (Gray On Claims) (PATracer) (Patently-O)

Federal Court of Australia on copyright infringement of a musical work - ‘Down Under’ did infringe Kookaburra: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (1709 Copyright Blog) (IP Whiteboard)

The 2010 inductees into the IP Hall of Fame are revealed (IAM)

What really happened at the ACTA talks in Mexico (Michael Geist)

US, EU defend ACTA secrecy, UK supports transparency (Michael Geist)

So how much do questions about IP assignments really matter? (IP finance)

Safe your logo: Make dragons more vital (IP Dragon)

Jury trials for patents: where in the world? (PatLit)

Do more equal societies produce more patents? Some very preliminary data (IPKat) (IPKat)

Open licensing: the word according to DPat (IPKat)

Patent trolls are the good guys... seriously! (Innovation Partners)

PatentSim study revisited: Patent expertise equalises innovation in patent and non-patent systems (Patent Docs)

Using the PCT - that’s more expensive, isn’t it? (inovia’s Foreign Filing Blog)

Copyright as a tool for censorship? (IP Osgoode)

Australia says ACTA talks could go into 2011 (Michael Geist)

Enforcement of plant breeders’ rights in Australia (ipwars.com)

FCA on copyright infringement of a musical work - ‘Down Under’ did infringe Kookaburra: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (1709 Copyright Blog) (IP Whiteboard)

The ONEL case - more rumours (Class 46)

ONEL case – Genuine use in one member state: the Hungarian Patent Office speaks out (Class 46)

Legal deposit of musical works becomes mandatory in Brazil (IP Tango)

Hints of discord in Canada – EU talks (Michael Geist)

Copyright reform commitment coming in speech from the throne? (Michael Geist)

Proposed practice notices: Professional designations and abbreviations, acronyms and initials: College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia v. Council of Nature Medicine College of Canada (Canadian Trademark Blog)

The China IP litigation resource? And it’s free (IP Think Tank)

No IP enforcement in China. That cannot be true (China Law Blog)

Patent applications increase 18% (China Blawg)

Karaoke royalties hit 170 million yuan in 3 years (China IP Magazine)

Combating counterfeiting in China – International branded drinks targeted by counterfeiters (China Blawg)

IPR Jurisdiction: Third Civil Division of Haining Municipal People’s Court specialises in copyright and trademark disputes (IP Dragon)

eSolar and Penglai Electric Co. enter into master licensing agreement for solar thermal power in China (Green Patent Blog)

Egyptian licence draft open for discussion (Creative Commons)

Du Pareil au même fails to ensure trade mark protection against Zara France (Class 46)

French MEP demands ACTA transparency (Michael Geist)

General Court: ENERCON confusingly similar to TRANSFORMERS ENERGON (Class 46)

Changes in the Implementing Rules of the European Patent Convention (Patent Baristas)

EPO suspends decision on new president (IP Watch) (IP Watch) (IAM) (Innovation Partners) (Managing IP)

How to elect a new EPO president – some suggestions (IPKat)

New EU Council resolution in the making: ‘Enhancing the enforcement of Intellectual Property rights in the internal market’ (BLOG@IP::JUR)

German perspective on ACTA (Michael Geist)

Compulsory licensing and civil jurisdiction in India: Music Choice India Pvt. Ltd v Phonographic Performance Limited (1709 Copyright Blog)

Indian ‘Bayh Dole’ problems: some resources (Spicy IP)

Patent scoreboard: January 2010 (Patent Circle)

Bombay High Court declines to hear interim compulsory licensing applications; shows the Appellant the way to the Copyright Board: Music Choice India Pvt Ltd v Phonographic Performance Ltd (Spicy IP)

Payyanur Ring geographical indication: religious sentiment no bar to registration: Payyannur Pavithra Ring, Artisans & Devp versus K Balakrishnan (Spicy IP)

Israel to be downgraded in the US Special 301 Watch list (IP Factor)

Israel Patent Office to allow no more than two independent claims of each type (IP Factor)

G-Star successful in Italy as Milan Court upholds protection for 'Elwood' and ‘Limit Regular’ jeans (Class 46)

IP developments in Jordan and Egypt (IP Factor)

Blogging ACTA across the globe: Lessons from Korea (Electronic Frontier Foundation)

Nigerian piracy case moves forward – ‘King of Pirates’ arraigned before Federal High Court (Afro IP)

Poland: information on licensing for Euro 2012 trade marks (Class 46)

New source of full text Russian patents (RelatIP)

Cold water on hot air claims – trade mark rights in ‘vuvuzela’? (Afro-IP)

New Swiss Federal Patent Court expected to start operations in 2011 (EPLAW)

Update on Uganda’s current Anti Counterfeit Good Bill, 2009 (Afro-IP)

EWCA finds infringement of Virgin Atlantic's patent for specific design of aircraft seats: Virgin Atlantic v. Premium Aircraft (EPLAW)

Team Conan leaving jokes behind (IP Osgoode)

Patent Reform legislation update (Inventive Step)

First-to-file vs first-to-invent: Why is there a Dispute? (Canada Patent Blog)

USPTO offers procedure to obtain PTA recalculation for free (Daily Dose of IP)

Third-Party oppositions to PTA calculations and for free? (Patently-O)

USPTO Director talks up green patent initiatives (Green Patent Blog)

Misconceptions of provisional patent applications (OC Patent Lawyer)

Commerce Secretary Locke announces new members of Patent Public Advisory Committee (Patent Docs) (Patents4Life)

CAFC: Firm disqualified from representing party on appeal where partner served as opponent’s expert at trial: Outside the Box Innovations, LLC v. Travel Caddy, Inc (not precedential) (Gray On Claims) (PATracer) (Patently-O)

CAFC: Egyptian Goddess clogs up the CAFC: International Seaway Trading Corp. v. Walgreens Corp. (Class 99)

District Court Delaware: Grant of preliminary injunction does not establish objective recklessness for wilfulness: Cordis Corporation v. Boston Scientific (Docket Report)(271 Patent Blog)

District Court N D Illinois: Allegation that plaintiff ‘buried’ prior art in IDS is sufficient to state of claim for inequitable conduct: CIVIX-DDI LLC v National Association of Realtors et al (Docket Report)

District Court Massachusetts: Attorney delinquence excuses 7 year delay in reviving expired patent: SprinGuard Technology Group Inc. v USPTO (271 Patent Blog)

District Court Wyoming: Filing a patent on behalf of a non-cooperating inventor: Yale Preston v. Marathon Oil (Patently-O)

B-K Lighting – B-K appeals from order declaring case exceptional under § 285 and awarding attorneys’ fees: B-K Lighting v. Fresno Valves (PATracer)

Cummins – Cummins appeals from summary judgment finding declaratory judgment action for patent invalidity, misuse and contract termination barred under doctrine of claim preclusion: Cummins v TAS Distribution (PATracer)

Sharp Corporation - ITC institutes investigation (337-TA-702) against Samsung regarding certain liquid crystal display modules (ITC blog) (ITC Blog)

Will your big-screen Super Bowl party violate copyright law? (Ars Technica)

USTR: ACTA fears based on misconceptions (Michael Geist)

District Court S D New York: Plaintiff gets over aquiescence hump: Orrin Lynn Tolliver, Jr v James Louis McCants (Trademark Blog)

First Circuit: Visual Artists Rights Act: Artist moral rights in unfinished sculptural works: Massachusetts Museum of Contemporary Art Foundation v. Buchel (Copyright Litigation Blog)

Walsh, Joe – Paterno on Paternity – which Walsh?: The Eagle’s Joe Walsh objects to Republican Congressional candidate Joe Walsh’s use of his song for use in election campaign (1709 Copyright Blog)

Why establishing trademark use is not as easy as one would think (IP Law Blog)

Thinking about fraud (Part III): After Bose, can fraud be cured? (TTABlog)

District Court E D California: Court finds logo either protected as parody or not likely to cause confusion: Protectmarriage.com - Yes on 8 v. Courage Campaign (Seattle Trademark Lawyer)

District Court W D Washington denies contempt motion in ‘Hendrix Electric’ Vodka case: Experience Hendrix, LLC v. Electric Hendrix, LLC (Seattle Trademark Lawyer)

District Court N D Illinois: No reverse confusion because of dissimilar trademarks: World Wide Sales, Inc. v Church & Dwight Co., Inc (Chicago IP Litigation)

District Court S D New York: Pryor representation doesn't create conflict: Revise Clothing v Joes Jeans (Trademark Blog)

Ninth Circuit affirms denial of E! Entertainment’s injunction motion: E! Entertainment Television, Inc v Entertainment One GP Limited (Seattle Trademark Lawyer)

TTAB precedential no 3: Denying 2(f) tacking, TTAB Finds HOLLYWOOD and BOLLYWOOD not legal equivalents: In re Nielsen Business Media, Inc (TTABlog)

TTAB finds PEACH CLAIRE for lingerie not confusingly similar to PEACH BUNS for clothing: GA Peach Buns, Inc v Voucia Corporation (not precedential) (TTABlog)

Konami - Konami and Upper Deck settle IP lawsuit regarding counterfeit Yu-Gi-Oh! Cards (Daily Dose of IP)

National Football League – NFL claims fan chant ‘Who dat’ for New Orleans Saints (Brand Channel) (Trademark Blog)

Odom’s Tennessee Pride Sausage - CAFC hears argument in ODOM'S PRIDE 2(d) summary judgment appeal: Odom's Tennessee Pride Sausage, Inc. v. FF Acquisition, L.L.C. (TTABlog)

Online Global Week in Review 5 February 2010 from IP Think Tank

Copyright Friday, February 5, 2010 Duncan Bucknell Company

Here is IP Think Tank’s weekly selection of top Online intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Federal Court finds iiNet not liable for peer to peer file sharing; Judge explains why 3 strikes isn’t reasonable (TorrentFreak) (Michael Geist) (Ars Technica) (Public Knowledge) (Excess Copyright) (Excess Copyright) (Managing IP) (IP Whiteboard) (1709 Copyright Blog) (ipwars.com) (1709 Copyright Blog)

Apple and Fujitsu in iPad trade mark dispute (IPKat) (Class 46) (IPKat)

What really happened at the ACTA talks in Mexico? (Michael Geist)

Three strikes, exile, and Judge Dredd (Public Knowledge)

Jon Newton shuts down P2PNet (Excess Copyright)

Keith Urban gets all confused about support for downloading (TorrentFreak)

Avatar DVD screener leaks to BitTorrent (TorrentFreak)

Techno diva loves BitTorrent, hates Spotify (TorrentFreak)

The mother of UDRP complaints? - Inter-Continental Hotels Corporation, Six Continents Hotels, Inc. v. Daniel Kirchhof (Class 46) (IPKat)

Worst UDRP decision of 2009? (Class 46)

ICANN head sounds policy alarm on rapidly shrinking internet space (IP Watch)

Software industry leaders join RPX defensive patent aggregation service (Technology Transfer Tactics)

Federal Court finds iiNet not liable for peer to peer file sharing; Judge explains why 3 strikes isn’t reasonable (TorrentFreak) (Michael Geist) (Ars Technica) (Public Knowledge) (Excess Copyright) (Excess Copyright) (Managing IP) (IP Whiteboard) (1709 Copyright Blog) (ipwars.com) (1709 Copyright Blog)

Brazil’s 3.0 to go live at Campus Party (Creative Commons)

Doctorow on new copyright rules of the road – how to tweak copyright laws to make more sense in the digital world (Michael Geist)

Robertson v. Thomson - Claims filing date extended until March 30, 2010 (Excess Copyright)

CIRA CEO on ACTA, 3 strikes and danger of ‘unintended negative consequences’ (Michael Geist)

Garneau on a Canadian digital strategy (Michael Geist)

CBC.ca and iCopyright (Michael Geist)

National Arbitration Forum: 207 Media prevails against Google in dispute over groovle.com domain (ipblog.ca)

The continuing war on Google – SIPO spokesman comments on China Writers’ Association with Google’s online book project (China Hearsay)

Google v China: the view from the Middle Kingdom (Ars Technica)

China, US vie for mantle of world’s biggest hacking victim (Ars Technica)

Say my name say my name... no domain name for individuals in China (IP Dragon)

iPad design dispute and the unintended consequences of an innovation society - Shenzhen Great Long Brother Industrial Company considers lawsuit against Apple over resemblance to P88 (China Hearsay) (IP Dragon)

Scny Eriosscn: Counterfeiters use Gestalt psychology (IP Dragon)

Chinese acceptance of and resistance against global copyright law – discussion of paper ‘Internet Piracy Software in China: A User Analysis of Resistance to Global Software Copyright Enforcement’ (IP Dragon)

Liability tug of war: Baidu (1709 Copyright Blog)

Egyptian licence draft open for discussion (Creative Commons)

More voices from Europe raising concerns about ACTA (Michael Geist)

Graphic user interfaces reference to the ECJ - some background: ezpečnostní softwarová asociace (Security software association) v Ministerstvo kultury ČR (Ministry of Culture of the Czech Republic) (1709 Copyright Blog)

ECJ to hear questions on ISP liability in dispute between Sabam and ISP Scarlet (Managing IP)

Delhi High Court grants ex parte injunction to Just Dial against TV 8 in case concerning alleged data theft (Spicy IP)

Italy preparing to hold YouTube, others liable for upload (Ars Technica) (1709 Copyright Blog)

Telecom Italia ISP set for court hearing to fend off Federazione Anti-Pirateria Audiovisiva’s anti-piracy demands (TorrentFreak)

AdWords – the Spanish point of view (IPKat)

Police arrest several in file-sharing swoop (Torrentfreak)

UK Digital Economy Bill dealt blow as Minister resigns (Michael Geist)

‘The answer to the machine, is the machine’ – or in the Digital Economy Bill (Laurence Kaye on Digital Media Law)

Towards a kinder, gentler ‘three strikes’ for file-sharers (Ars Technica)

Newzbin: Usenet Indexer prepares for MPAA High Court battle: Day One (TorrentFreak) (TorrentFreak)

Snow copyright infringement? Flickr user objects to Independent newspaper’s unauthorised use of his photo (1709 Copyright Blog) (IP Whiteboard)

Copyright woes of a game designer: Burrows v Smith (IP Osgoode)

Neutralize UK file-sharing legal threats – Join TalkTalk (TorrentFreak)

EWHC: No infringement; invalidity for lack of inventive step: Research in Motion Limited v Motorola (EPLAW) (IPKat)

Claiming under the influence (of Bilski) (12:01 Tuesday)

USPTO issues guidance on patentability of computer readable media (IP Spotlight)

Apple - Clash of the smartphone titans: Nokia v Apple (IP Osgoode)

Could P2P blocking be legalized by new net neutrality rules? (Ars Technica) (TorrentFreak)

Mashup as new music (Copyfight)

The topsy turvey world of US damages - Tenenbaum and Thomas-Rasset cases(1709 Copyright Blog)

Amazon - Books disappear, reappear at Amazon as old media battles new retail (Ars Technica) (Copyfight)

Google - Public Knowledge, others files brief opposing amended Google Books settlement (Public Knowledge) (Ars Technica) (IPKat)

Perez-Vargus, Jesus - Local family charged with selling counterfeit CDs and DVDs (Trademark Lawyer)

RIAA - Thomas-Rasset vows to pay nothing, so third trial inevitable (Ars Technica)

Article spotlights partnership and conflict over .VEGAS top-level-domain (Las Vegas Trademark Attorney)

Terri Chen replaces Rose Hagan as Google's chief trademark counsel (Technology & Marketing Law Blog)

Apple - Apple and Fujitsu in iPad trade mark dispute (IPKat) (Class 46) (IPKat)

Pharma & Biotech Global Week in Review 3 February 2010 from IP Think Tank

Copyright Wednesday, February 3, 2010 Duncan Bucknell Company

Here is IP Think Tank’s weekly selection of top Pharma & Biotech intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Temodar (Temozolomide) – US: District Court Delaware: Temador patent unenforceable due to prosecution laches and inequitable conduct: Cancer Research Tech v Barr Labs (Docket Report) (Patent Baristas) (IP Factor)

Mirapex (Pramipexole) – US: CAFC: The metes and bounds of obviousness-type double patenting: Boehringer Ingelheim Int'l. v. Barr Laboratories, Inc. and Mylan Pharma (Patent Docs) (Patently-O)

EU: ‘Victory’ against biopiracy - EPO revokes Schwabe Pharmaceuticals' pelargonium extract patent (Spicy IP) (IP Watch)

Another case for indigenous knowledge protection, but how? (Afro-IP)

When Harry met generic Sally: The proprietary/generic courtship continues (IP finance) 

China / India: Incremental pharmaceutical inventions in China and India: ‘No need to reinvent the wheel’ (IP Dragon)

India: National Biodiversity Authority invites comments on draft amendments (Spicy IP)

EU: New Parliament group monitors EU trade pacts’ impact on poor’s medicines access (IP Watch)

EU: ‘Victory’ against biopiracy - EPO revokes Schwabe Pharmaceuticals' pelargonium extract patent (Spicy IP) (IP Watch)

US: Interim procedure for requesting a (free) patent term adjustment recalculation from the PTO (Patently-O) (Patently-O) (Patent Docs)

US: Invalidity of the extension of a patent term: (Patently-O)

US: Follow-on biologics news: BIO CEO asks President to focus on unresolved issues in health care debate; 38 patients groups and research universities back 12-year data exclusivity period; NATF says patient safety should be top priority when crafting biosimilar regulatory pathway (Patent Docs)

US: Will the nightmare for biotech prep/pros never end? – patenting biomarkers (Patents4Life)

US: Everybody knows – The Boston Globe weighs in on gene patenting (Patent Docs)

US: Requests for orphan drug designation explode in 2009; but designation success rate is low (FDA Law Blog)

US: Taking stock of FDA’s 180-day exclusivity forfeiture decisions – a forfeiture scorecard (FDA Law Blog)

US: Second settlement announced in Stinski patent dispute (Patent Docs)

Angiomax (Bivalirudin) – US: The Medicines Company sues PTO and FDA over Angiomax patent term extension decisions (FDA Law Blog)

Bordetella pertussis vaccines - UK: EWHC dismisses appeal against UK IPO finding appeal filed prematurely: Medeva BV v The Comptroller General of Patents (EPLAW) (PatLit)

CircoFLEX PCV2 vaccine – US: District Court Connecticut dismisses Protein Sciences from porcine circovirus vaccine suit (Patent Docs)

Effexor (Venlafaxine) - US: FDA denies petition on ‘original NDA’ patent certification issue (FDA Law Blog)

Gestrol (Megestrol) – Poland: GESTROL is not always similar to GESTROLTEX (Class 46)

Grazax (SQ-T) - France / Netherlands: More on adjuvants – Gravax SPC rejection/annulment (The SPC Blog)

Humira (Adalimumab) – India: Abbott’s Humira patent unilaterally revoked by Indian Patent Office (Spicy IP)

Mirapex (Pramipexole) – US: CAFC: The metes and bounds of obviousness-type double patenting: Boehringer Ingelheim Int'l. v. Barr Laboratories, Inc. and Mylan Pharma (Patent Docs) (Patently-O)

Omnicef (Cefdinir) – US: CAFC on whether a product-by-process claim is infringed by an identical product made by different process: Abbott Labs v Sandoz (IP Frontline)

Pertussis vaccines – UK: EWHC dismisses Medeva appeal against pertussis vaccines SPCs refusal (The SPC Blog)

Plavix (Clopidogrel) – Canada: Adding some obvious flexibility: Apotex Inc v Sanofi-Synthelabo Canada Inc (IP Osgoode)

Rapamune (Rapamycin) - US: District Court Delaware: Claiming analogs unknown to inventors renders patents invalid for lack of written description and enablement: Boston Scientific Corporation et al. v. Johnson & Johnson Inc. et al. (Docket Report)

Sustiva (Efavirenz) – US: Mylan and Matrix fail in bid to dismiss Sustiva case brought by Bristol Myer Squibb (Patent Docs)

Temodar (Temozolomide) – US: District Court Delaware: Temador patent unenforceable due to prosecution laches and inequitable conduct: Cancer Research Tech v Barr Labs (Docket Report) (Patent Baristas) (IP Factor)

Viread (Tenofovir) – US: Gilead Sciences announces notification of Teva’s ANDA filing for Viread (SmartBrief)

General Global Week in Review 1 February 2010 from IP Think Tank

Copyright Monday, February 1, 2010 Duncan Bucknell Company

Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

ACTA 7^th round of negotiation, Mexico (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (IP Watch) (Ars Technica) (Electronic Frontier Foundation) (Electronic Frontier Foundation) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Electronic Frontier Foundation) (Electronic Frontier Foundation) (Michael Geist) (Michael Geist) (Michael Geist) (Spicy IP)

Genuine use of Community trade mark - Discussion of Benelux Office for Intellectual Property decision in OMEL v ONEL case: Leno Merken B.V. / Hagelkruis Beheer bv (IPKat) (Class 46) (Class 46) (Class 46) (IPKat) (IPKat)

A little bit of background on Duncan Bucknell (IP Think Tank)

IP and the planet – save your logo looks good (IP Think Tank)

The linguistic and trust functions of trademarks (IP Osgoode)

Panel: Standards aid innovation, but only if open (IP Watch)

UN human rights body examines WIPO development agenda, tech transfer, WHO (IP Watch)

Looking at another American century – IP landscape (IAM)

WIPO Patent Committee prepares to discuss future work programme (IP Watch) (IP Watch)

How Sun Tzu would outflank patent trolls (IP Frontline)

The concept of life and neocolonialism (IP Osgoode)

ACTA 7^th round of negotiation, Mexico – general coverage (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Spicy IP)

ACTA: International harmonisation at what cost? (Electronic Frontier Foundation)

ACTA negotiators report no breakthroughs on transparency (IP Watch) (Ars Technica)

Global Anti-Counterfeiting efforts set to rise further (IP Watch)

Genuine use of Community trade mark - Discussion of BOIP decision in OMEL v ONEL case: Leno Merken B.V. / Hagelkruis Beheer bv (IPKat) (Class 46) (Class 46) (Class 46) (IPKat) (IPKat)

New IP laws for Bosnia? (Class 46)

British Virgin Islands announces Intellectual Property Law Revision Plan (Daily Dose of IP)

Neither fish nor fowl – trademark and copyright protection for titles (IP Osgoode)

NDP MP Charlie Angus demands ACTA answers (Michael Geist)

ACTA coverage in Canada (Electronic Frontier Foundation) (Michael Geist) (Michael Geist)

Former Trade Official warns against major IP changes in EU trade deal (Michael Geist)

Counterfeiting and corporate social responsibility (IP tango)

Notice concerning the enforcement of the amended Patent Law (China Blawg)

New regulations regarding Customs enforcement of IPR (China Blawg)

Multifaceted spectrum of de facto strategies to enforce IPR in China (IP Dragon)

IPR updates January 2010 (China Blawg)

Supreme People's Court confirms China is a low damages patent jurisdiction (IAM)

Beijing No.1 Intermediate People’s Court finds in favour of Volkswagon in trade mark case Volkswagen v Trademark Review and Appraisal Board of the State Administration for Industry and Commerce of the People’s Republic of China (China Blawg)

World Class China brands. Now, later, or never? (China Law Blog)

Knocked up because of knock off or how to protect the protection? (IP Dragon)

ECJ: Big surprise in Lego trade mark dispute: AG refers to logical business expectations: Lego Juris A/S v OHIM and MEGA Brands, Inc (IPKat)

ECJ referral from EWCA on manufacturing fiction: Nokia v HMRC (EPLAW)

Functional designs at OHIM again (Class 99)

European Court of First Instance design appeals (Class 99)

Blogging ACTA across the globe: FFII’s Ante Wessels on exporting Europe’s flaws (Electronic Frontier Foundation)

Are you aware of IPEuropeAware? – helping SMEs protect their IP (IPKat)

Blogging ACTA across the globe: The view from France (Electronic Frontier Foundation)

Law making, Bayh Dole and the Indian (re)public (Spicy IP)

The Indian Bayh Dole Bill: A critique and some suggestions (Spicy IP)

India moves closer to Madrid sign-up (Managing IP)

Madras High Court mulls over the not so glittery tale of ‘Thangam’ – interim injunction application in copyright dispute (Spicy IP)

Okay Jurassic Jelly’s design trophy in Delhi HC (Spicy IP)

Bajaj Auto awarded a patent in Europe (India Patent)

Patent dispute resolution system in India (IP Frontline)

Kenya Revenue Authority gets police protection – joint effort to stamp out counterfeits(Afro-IP)

Korean Design Act changes (Class 99)

EU free trade agreements with Latin America = no points (IP tango)

Dutch Court stays proceedings in transit cases until the Court of Justice decides on manufacturing fiction: Cybergun S.A. v. Koninklijke Luchtvaart Maatschappij N.V. and Wargaim LLC (EPLAW)

Norway to join Hague? (Class 99)

Peru edges towards adoption of Hague Apostille provisions (IP tango)

Court of Appeal: Delay on the effectiveness of European patents until actual publication of the translation by the SPTO: Envac Centralsug AB v. Ros Roca, S.A (EPLAW)

About trade mark law, the Guggenheim museum and ‘tapas’ (not kidding) - Supreme Court dismisses appeal filed by owner of ‘Guggenheim’ Spanish trademarks against registration of ‘El heuvo frito Indautxu El Heuvonheim’ (Class 46)

Supreme Court: On well known marks: size does matter: Judgment no 761/2009 (Class 46)

UK Liberal Democrats demand ACTA transparency (Michael Geist)

Court of Appeal reverses decision: Butters in Court as IP deal trumps public policy: Butters and others v BBC Worldwide Ltd and others (IPKat)

The costs of confidentiality: litigation between Virgin Atlantic and Premium Aircraft Interiors (IP finance)

CLT Intellectual Property Law Conference 2010 (Patentable subject matter - IPKat) (Unfair competition - Class 46) (Design law developments - Class 99) (Global developments - IPKat)

Can NBC own the intangibles of Conan O’Brien? (Property, intangible)

Obama: ‘There's nothing wrong with other people using our technologies. We just want to make sure that it's licensed and you're getting paid.’ (Patently-O)

Recent USPTO roundtable – proposed BPAI Ex Parte Appeals Rules modifications (Daily Dose of IP) (Inventive Step)

USPTO announces interim procedure for patentees to request patent term adjustment recalculation (Anticipate This!)

Patently-O – Bits and Bytes – Reexaminations (Patently-O)

CAFC: Inequitable conduct based on contradictory statements to the EPO (in a non-family member application): Therasense, Inc. (Abbott) v. Becton, Dickinson and Co (case no. 2009-1511) (Patently-O)

CAFC: Jury wrong on anticipation; but claims are obvious as a matter of law: Therasense, Inc. (Abbott) v. Becton, Dickinson and Co (case no. 2009-1008) (Patently-O)

District Court N D Ohio: Amended pleading adding a new party relates back to the original filing date for purposes of first-to-file venue rule: Horton Archery LLC v American Hunting Innovations LLC et al (Docket Report)

District Court M D Florida: ITC finding of noninfringement warrants summary judgement of noninfringement in parallel lawsuit: Solomon Technologies, Inc. v. Toyota Motor Corporationet al (Docket Report)

ITC: Mitsubishi powers past GE in ITC wind turbine case (Green Patent Blog)

InventHelp – InventHelp sues Gene Quinn (IPWatchDog) over scam allegations (Patently-O) (Anticipate This!)

Target – Inventorprise appeals from dismissal for lack of subject matter jurisdiction of complaint against Target for false marking: Inventorprise v Target (PATracer)

Authentication, artist foundations and catalogue raisonnes - Appellate Div, First Dept dismisses claim against Calder Foundation: Thome v The Alexander & Louisa Calder Foundation (Copyright Litigation Blog)

Paccar – Paccar seeks default judgment against replica model truck maker: Paccar Inc. v. Malibu International Ltd (Seattle Trademark Lawyer)

Senate passes bill to provide usual grace periods for Section 71 declarations of use (TTABlog)

Thinking about fraud: Where does ‘inadvertence’ end and ‘reckless disregard’ begin?; Why to look to patent law for the trademark fraud standard? (TTABlog) (TTABlog)

Senator Leahy (D-VT) introduces trademark legislation and decries trademark bullies (Las Vegas Trademark Attorney) (The Trademark Blog)

Obama’s likeness used to sell rain coats (IP Osgoode)

District Court N D Illinois: Court enters judgment on trademark damages and attorneys fees in accordion case: Gabbanelli Accordions & Imports, L.L.C. v Italo-Am. Accordion Mfg. Co. (Chicago Intellectual Property Law Blog)

TTAB finds CATELLI for pasta sauce confusingly similar to LOCATELLI for cheese: Gennaro Auricchio S.p.A. v. Trademark Management Company (not precedential) (TTABlog)

TTAB finds board games and playing cards related, affirming 2(d) refusal of COMMANDER-IN-CHIEF: In re Paul D Miller (not precedential) (TTABlog)

TTAB: Weakness of UNITED mark for money-transfer services leads to TTAB 2(d) reversal: In re Unidos Financial Services, Inc (not precedential) (TTABlog)

Ninth Circuit affirms attorney's fees award against injunction violator for LIESURE WORLD trademark: RRLH, Inc. v. Barto (Seattle Trademark Lawyer)

National Football League – NFL claims rights in ‘Who Dat?’ for use by New Orleans Saints, knocking small businesses Fleurty Girl and Storyville (Name Wire)

Toys R Us – Adventure Publishing Group which had licensed Toys R Us to use THE TOY BOOK and BIG TOY BOOK sues Toys R Us for post-license use of BIG BOOK (Trademark Blog)

Online Global Week in Review 29 January 2010 from IP Think Tank

Copyright Friday, January 29, 2010 Duncan Bucknell Company

Here is IP Think Tank’s weekly selection of top Online intellectual property news breaking in the blogosphere and internet.

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page: http://duncanbucknell.com/subscribe/

Beijing No. 1 Intermediate People’s Court: IFPI loses ‘deep-linking’ case against Baidu (TorrentFreak) (IP Dragon) (Ars Technica) (China Hearsay)

District Court Minnesota slashes ‘monstrous’ P2P award by 97% to $54,000: Capitol Records Inc. et al v Jammie Thomas-Rasset (Ars Technica) (Ars Technica) (Michael Geist) (IPKat)

Online music sales up but overall sales decline - Discussion of IFPI’s Digital Music Report 2010 (Managing IP) (TorrentFreak)

‘Piracy isn’t killing music’ Radiohead guitarist says (TorrentFreak)

How to: Thrive as a musician without suing your fans (Electronic Frontier Foundation)

Evil librarians – online book piracy (Copyfight) (Copyfight)

What the copyright industry might learn from the domain name industry (Domain Name)

Copyright + commonsense scheme? Maybe so... (Copyfight)

WIPO orders transfer of 1,519 domain names to hotel operators (IP Spotlight)

Remote storage digital video recorders in Australia (IP Osgoode)

The National Film Board’s open success story (Michael Geist)

Estimating the cost of three-strikes and you’re out system (Michael Geist)

Beijing No. 1 Intermediate People’s Court: IFPI loses ‘deep-linking’ case against Baidu (TorrentFreak) (IP Dragon) (Ars Technica) (China Hearsay)

Beijing No. 1 Intermediate People’s Court:  Strong Well found at fault and ordered to pay RMB350000 to Microsoft over installation of pirated software on the computers it sold (China Blawg)

Goojje.com infringes intellectual property of both Google and Baidu (IP Dragon)

China to US: shut up about ‘so-called Internet freedom’ (Ars Technica) (Ars Technica)

Continued discussion of Google threat to pull out of China (Patent Agent in Hong Kong) (China Hearsay) (Technology & Marketing Law Blog)

Secure IPR essential for China’s growth (IP Osgoode)

Chinese MacBook Air knockoffs: better than the real thing? (IP Dragon)

EU has doubts as ISP rolls out DPI for copyright enforcement (Ars Technica)

Microsoft flogs cloud computing in Europe (Intellectual Property Watch)

In conjunction with anti-piracy outfit LANVA, Microsoft sues prominent BitTorrent tracker for $43m (TorrentFreak)

INDECOPI inspecting genuine use of software in local businesses (IP tango)

UK cross party motion tabled on ACTA (Michael Geist)

Anti-piracy scheme: ‘A scam & legal blackmail’ say UK Lords (TorrentFreak)

‘The answer to the machine is the machine’ - or in the Digital Economy Bill? (Laurence Kaye on Digital Media Law)

iSlate, iTablet, IP! – Public reveal and protecting IP rights (Patent Arcade) (IPblog)

District Court E D Texas: Marshall jury finds for defendant Google - no infringement and patents invalid: Function Media v. Google (EDTexweblog.com)

BPAI finds particular machine: Ex Parte Moyer (12:01 Tuesday)

ITC: Initial determination finding violation of section 337 in investigation concerning semiconductor chips following complaint by Rambus against NVIDIA, Asustek, and others (ITC 337 Law Blog)

Apple - Apple receives iPad patent on eve of launch date (Daily Dose of IP)

Cognex – ITC terminates investigation of Amistar concerning certain machine vision software following settlement between the parties (ITC 337 Law Blog)

Konami – Konami and Harmonix file joint motion to stay proceedings in dispute over hammer-on technology (Patent Arcade)

LottoTron - LottoTron files a complaint against eleven Costa Rican entities alleging infringement of patent covering ‘computerised lottery wagering system’: LottoTron Inc v SBG Online Casino (Patent Arcade)

Motorola - Motorola files new 337 complaint against Research in Motion concerning allegedly patent infringing wireless communication system server software, wireless handheld devices and battery packs (ITC Law Blog)

Nokia - ITC institutes investigation concerning importation of mobile phones, portable music players and computers allegedly infringing Nokia patents; Apple identified as respondent (ITC Law Blog) (ITC Law Blog)

Rambus – Rambus and Samsung settle all legal claims for a cool $900 million (IPKat)

TiVo – Microsoft accuses TiVo of infringing patented video and programming display technology (brandchannel)

2010 State of the Net Three Strikes panel – what MPAA and RIAA don’t want you to know (Public Knowledge) (TorrentFreak)

Protestors: iPad is nothing more than a golden calf of DRM (Ars Technica)

Hulu, New York Times take bold steps by charging for content (Brand Channel)

FCC’s net neutrality plan would permit blocking of BitTorrent (Electronic Frontier Foundation)

District Court Minnesota slashes ‘monstrous’ P2P award by 97% to $54,000: Capitol Records Inc. et al v Jammie Thomas-Rasset (Ars Technica) (Ars Technica) (Michael Geist) (IPKat)

District Court N D Georgia: Facebook user agreement upheld in copyright infringement lawsuit over third party app: Miller v Facebook (Technology & Marketing Law Blog)

RIAA - Department of Justice oppose motion by Tenenbaum to have damages reduced (Copyfight)

District Court N D California: File extensions cannot be trademarks: Autodesk, Inc. v. Dassault Systemes Solidworks Corp (Internet Cases)

Apple – iPad v iPad – Fujitsu’s Jan 2002 filing for IPAD for 'handheld computing device for wireless networking in a retail environment’ (Trademark Blog)

HTC – Potential trademark dispute brewing between HTC and ShoreTel over their taglines, respectively ‘Quietly Brilliant’ and ‘Brilliantly Simple’ (Name Wire)