General Global Week in Review 20 July 09 from IP Think Tank

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.

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Highlights this week included:

13-14 July – WIPO conference on IP and public policy – climate change; food security, public health (WIPO) (WIPO) (Intellectual Property Watch) (WIPO) (Intellectual Property Watch)

ECJ: National emblem rules apply to service mark applications too: American Clothing v OHIM (Class 46) (IPKat) (Excess Copyright)

 
Global
Global – General

CIPOs and Chief Aardvark Officers it’s the role not the title, stupid… (IP Think Tank)

13-14 July – WIPO conference on IP and public policy – climate change; food security, public health (WIPO) (WIPO) (Intellectual Property Watch) (WIPO) (Intellectual Property Watch)

Interview with David Lammy, UK Minister of IP – fixing the IP system, global public policy, patent backlogs, patent pools tech transfer and the role of WIPO (Intellectual Property Watch)

Latest round of ACTA negotiations conclude (Michael Geist)

Trading in IP – Discussion of Financial Times article ‘Intellectual Property Trade Stirs Up Interest’ (IP finance)

‘Smarter than the average number…’ – discussion of Julian Gyngell’s talk on ‘Phonewords and Finance’ (IP finance)

The return of IP securitisation (IAM)

 
Global – Patents

Improve your chances of obtaining a patent at a reasonable cost and time by demonstrating the ‘wow factor’ in the application (IP Asset Maximizer Blog)

 
Global – Copyright

13 July – Conference examines copyright-related challenges facing reading-impaired community (WIPO) (Intellectual Property Watch)

 
Australia

Divisional patents can again rely on the grace period of the parent application: Mont Adventure Equipment Pty Ltd v Phoenix Leisure Group Pty Ltd (Mallesons Stephen Jaques)

Innovation patents: FCAFC rules on innovative step: Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd (Patent Baristas)

 
Canada

Government issues media advisory for copyright consultation (Michael Geist)

Blakes seminar shows that intellectual property is a hot topic in Canada (IP Osgoode)

 
China

Article 6ter Paris Convention online: Hong Kong (2), China (0), Netherlands (37) (IP Dragon)

Trade marks of international businesses are well protected in China (China Blawg)

Honda wins motorcycle trade mark case in China (S&F)

 
Europe

ECJ: National emblem rules apply to service mark applications too: American Clothing v OHIM (Class 46) (IPKat) (Excess Copyright)

ECJ affirms Commission action against Der Grüne Punkt: Der Grüne Punkt-Duales System Deutschland GmbH v European Commission, supported by Vfw AG, Landbell AG and BellandVision GmbH (Class 46) (IPKat)

Slavish imitation of lamps – a question or three for the ECJ: Flos SpA v Semeraro Casa & Famiglia SpA (1709 Copyright Blog) (IPKat)

CFI: Alaska is not descriptive for mineral water (Class 46)

McDonalds shifts European headquarters to Geneva to avoid double tax on IP revenue (Intellectual Property Watch)

 
India

Seeking funding for Indian ‘Bayh Dole’ and VIP (Venting Ideas on IP) series (Spicy IP)

Patent Office to issue electronic notifications (Spicy IP)

IPAB on a roll: Ramkumar’s dual SIM patent suspended (Spicy IP)

Will ‘Jugaad’ lead the way in Indian technology and IP? (IP finance)

 
Israel

Israel Patent Office takes steps to make allowance publication more efficient (The IP Factor)

 
Japan

IP High Court reverses Patent Office’ invalidation of LOVECOSME, rejecting claims of similarity to LOVE marks (International Law Office)

 
Korea

Design Protection Act amended (International Law Office)

 
Netherlands

District Court of The Hague: Osborne’s black bull an icon in Spain but doesn’t prevail in trade mark infringement proceedings brought by Red Bull (Class 46)

 
South Africa

CIPRO (trade marks) – what can be done? (Afro-IP)

 
Spain

When it comes to IP information, Spanish SMEs will have it easier – SPTO ‘IP Management Support Centre’ (Class 46)

 
Switzerland

New Swiss practice puts trademarks at serious risk: trade mark registration in black and white, use in colour (Class 46)

Fraudulent use of ‘Swissness’? (Class 46)

 
United Kingdom

KCI foam dressing patent held valid, but does anyone know what happened? (PatLit)

PRS CEO departs (1709 Copyright Blog)

UK IPO: New trade mark services from 1 October 2009 (Class 46)

Are non-binding opinions a useful tool in patent litigation? (PatLit)

 
United States
US General

House approves USPTO funding bill (Managing Intellectual Property)

US measures to strengthen trade enforcement (Intellectual Property Watch)

 
US Patents

Peer-to-patent project set on hold. Now, free patent data (BLOG@IP::JUR) (Inventive Step)

Seven ideas for reducing foreign filing costs (IP Watchdog)

Patent arbitration resource – ‘Rules for Non-Administered Arbitration of Patent & Trade Secret Disputes’ (IP ADR Blog)

Patent application pendency: Percent of applications still pending (Patently-O) (Patently-O)

Rejecting is better than allowing (Just an Examiner)

US patent counts, Q2 2009 (Patent Librarian’s Notebook)

Bill Gates seeks patent on hurricane prevention (IP Watchdog)

Chasing unicorns: Ramblings on deferred examination (IP Watchdog)

 
US Patents – Decisions

CAFC agrees to hear Tafas v Doll en banc (Patent Baristas)

District Court N D Illinois: Patentholder cannot use government co-owner to avoid declaratory suits: SourceOne Global Partners, LLC v KGK Synergize, Inc (Chicago Intellectual Property Law Blog)

District Court N D Illinois: Same patent not enough for reassignment of plaintiff’s suits to one judge: Bajer Design & Marketing Inc v Ware Mfg Inc (Chicago Intellectual Property Law Blog)

District Court S D Texas finds false marking, awards damages of $500; case on appeal at CAFC: Forest Group v Bon Tool Company (Patently-O)

District Court E D Michigan unconvinced that malpractice suit against patent attorneys involved any ‘substantial question of federal patent law’, case sent back to State Court (ISinIP)

BPAI affirms rejection of claims due to broad defining language found in specification: Ex parte Harvey (Gray on Claims)

BPAI uses dictionary definitions published four years after the application filing date in construing claim terms: Ex parte Courtney (Gray on Claims)

ITC: Enforcement initial determination issued in ink cartridge investigation finding Epson violated ITC orders (ITC 337 Law Blog)

 
US Patents – Lawsuits and strategic steps

Lutron Electronics – ITC grants Lutron and Universal Smart Electric’s joint motion to terminate investigation concerning lighting control devices based on Consent Order (ITC 337 Law Blog)

Masai – ITC grants Masai motion to terminate investigation concerning footwear on grounds of confidential settlement between Masai and RYN (ITC 337 Law Blog)

Mayo Collaborative Services – What kinds of ‘technology’ should be patentable?: Patent bar, doctors face off in Prometheus v Mayo (The Prior Art)

 
US Copyright

Rights owners taking on small victims – Warner Music vs ‘Keyboard Cat’ YouTube clip; DC Comics vs John Stacks over figurines; Frank Gaylord vs postal service over art image on stamps (1709 Copyright Blog)

 
US Copyright – Decisions

District Court Colorado: Republishing third party rankings in marketing material might be copyright/trade mark infringement: Health Grades, Inc v Robert Wood Johnson University Hospital, Inc (Technology & Marketing Law Blog)

District Court S D New York: Mere filing of copyright applications, fees and deposits does not satisfy jurisdictional requirement for copyright litigation: Do Denim v Fried Denim (Intellectual Property Law Blog)

 
US Trade Marks – Decisions

District Court W D Washington enters judgment for Perfumer’s Workshop based on fees award: Sportsfragrance v Perfumer’s Workshop International (Seattle Trademark Lawyer)

2nd Circuit vacates summary judgment permanently enjoining Joseph Abboud from making commercial use of own name: J A Apparel Corp v Abboud (Intellectual Property Law Blog)

TTAB precedential no 27: U.S. CUSTOMS logo barred by sections 2(a) and 2(b): In re Peter S Herrick, PA (TTABlog)

TTAB enters judgment on the pleadings against applicant who admitted non-use of its mark Esprit IP Limited v Mellbeck Ltd (not precedential) (TTABlog)

WYHA?: TTAB says STEAM N’ MASH merely descriptive of process potatoes: In re ProMark Brands Inc (not precedential) (TTABlog)

WYHA? TTAB finds DIRT DRIFTERS merely descriptive: In re Esposito (not precedential) (TTABlog)

TTAB: Registration denied for GITZIT mark based on earlier identical mark for identical goods: J L Pennington v GITZIT, Inc (not precedential) (TTABlog)

 
US Trade Marks – Lawsuits and strategic steps

Dana-Farber Cancer Institute – DFCI protests Dr Farber’s The Farber Center for Radiation Oncology (The Trademark Blog)

Gosling – Discussion of Goslings’ trade mark rights in DARK ‘N STORMY for a cocktail containing Gosling’s Black Seal rum (Public Knowledge)

Nike – Nike asserts protection of wavy pattern on AIR FORCE 1 shoe: Nike v Already LLC dba Yums (The Trademark Blog)

Wynn Resorts – Wynn Resorts files declaratory judgment action against NYLO Hotels over XS mark (Las Vegas Trademark Attorney)

 

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