General Global Week in Review 17 Aug 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:

WTO panel rules China must be open to foreign content – DS363 China – Measures affecting trading rights and distribution services for certain publications and audiovisual entertainment product (Intellectual Property Watch) (Ars Technica) (IP Dragon) (China Blawg) (China Hearsay) (China Hearsay) (China Hearsay) (China Law Blog) (China Law Blog) (Managing Intellectual Property) (1709 Copyright Blog)

David Kappos sworn in as Under Secretary of Commerce for Intellectual Property (Patent Baristas) (BLOG@IP::JUR) (Patent Docs) (Patently-O) (Anticipate This!) (Patent Librarian’s Notebook)

 
Global
Global – General

The fearless CIPO (IP Think Tank)

Innovation, IP and medical services (IP finance)

 
Global – Trade Marks / Brands

What makes a successful brand – Pepsi vs Coca-Cola (phosita)

 
Global – Patents

WIPO slams rumours of global patenting system (Spicy IP)

Third party patent infringement: Let the licensee beware (High-touch Legal Services Blog)

If enough air is released, everyone held aloft by the joint defense balloon may need to have packed their own parachute – risks attendant to joint defense groups in patent litigation (ISinIP)

 
Global – Copyright

WIPO, CC and nurturing the public domain (Creative Commons)

 
Africa

Orange Telecom strengthens brand in African football (Afro-IP)

 
Canada

High hurdles to Olympic trademark use (Canadian Trademark Blog)

Federal Court confirms book titles can’t be trade marked (ipblog.ca)

 
China

WTO panel rules China must be open to foreign content – DS363 China – Measures affecting trading rights and distribution services for certain publications and audiovisual entertainment product (Intellectual Property Watch) (Ars Technica) (IP Dragon) (China Blawg) (China Hearsay) (China Hearsay) (China Hearsay) (China Law Blog) (China Law Blog) (Managing Intellectual Property) (1709 Copyright Blog)

Franchising challenges in China (China Law Insight)

 
Europe

Users back OHIM Cooperation Fund proposals (Managing Intellectual Property)

CTM applications down by 5%, Swiss applications down by 14% in first half 2009 (Class 46)

PGI status for: Pan de Cruz de Ciudad Real bread from Spain; Ciausolo sausage from Italy (Class 46)

EU Commission sponsoring study on the quality of the patent system in Europe (BLOG@IP::JUR)

 
Germany

German Pirate Party surging to 2% share on votes, polls suggest (BLOG@IP::JUR)

 
Hong Kong

High Court of the Hong Kong Special Administrative Region bars Cosimo Gucci from using his name on luxury goods (Managing Intellectual Property)

 
India

Delhi High Court: Honest concurrent use upheld in Indian trade mark case: Goenka Institute of Education and Research v. Anjani Kumar Goenka & Anr (IP Frontline)

Hollywood v Bollywood v Tollywood: When is ‘plagiarism’ equal to ‘copyright infringement’? (Spicy IP)

 
Italy

Milan Court clarifies validity requirements of registered Community designs (Class 46)

 
Poland

Procedural problems – JAZZ JAMBOREE registration (Class 46)

Tricky representative – SCOTCH & SODA trade mark dispute (Class 46)

 
South Africa

Report on South African Copyright Act – Shuttleworth Foundation (Afro-IP)

 
United Kingdom

EWHC (Pat): When do you sue a holding company?: Fabio Perini SPA v LPC Group & Ors (PatLit)

Nude trademark battle between Stella McCartney and Nude Skincare heads for Chancery Division (IPKat)

NZ tribes find Everton Football Club’s misappropriation of Haka culturally insensitive (1709 Copyright Blog)

Pirate Party UK officially registered (TorrentFreak) (IPKat)

Save £10 on your patenting costs – Trade Marks and Trade Marks and Patents (Fees) (Amendment) Rules 2009 (IPKat)

Patents County Court: Users’ Committee final report (PatLit)

 
United States
US General

David Kappos sworn in as Under Secretary of Commerce for Intellectual Property (Patent Baristas) (BLOG@IP::JUR) (Patent Docs) (Patently-O) (Anticipate This!) (Patent Librarian’s Notebook)

 
US Patent Reform

Article: ‘Interlocutory Appeals of Claim Construction in the Patent Reform Act of 2009’ by Ed Reines and Nathan Greenblatt (Patently-O) (Gray on Claims)

 
US Patents

Taxation of patent sales (IP Frontline)

USPTO Office of PCT legal administration mailing list (Patent Docs)

Summary of local patent rules affecting claim construction practice (Part 1 of 5) (Gray on Claims)

Lawyer and neutral David Allgeyer on arbitrating patent disputes (The IP ADR Blog)

Accelerated exam in inequitable conduct friendly era (IP Watchdog)

Patent application filings: Fluctuations and innovation (IP Osgoode)

US assignment data in espacenet (Patent Librarian’s Notebook)

 
US Patents – Decisions

CAFC: One patent invalid because inherently anticipated, others not infringed: Exergen Corp v Wal-Mart Stores (Patent Baristas)

CAFC gives term ‘sealed’ broadest reasonable interpretation: In re Shoner (Gray on Claims)

CAFC construes golf ball claim to require cover layer hardness be measured on the ball: Callaway Golf Co v Acushnet Co (Gray on Claims) (IP Watchdog)

CAFC limits admissibility of evidence withheld during examination at the PTO: Hyatt v Doll (Peter Zura’s 271 Patent Blog) (Patently-O)

CAFC affirms high standard for attorney fees under 35 USC 285: WedgeTail v Huddleston Deluxe (Patently-O)

District Court N D Illinois: Lack of notice voids bankruptcy sale as to patent licences: The Compak Cos v Johnson (Chicago Intellectual Property Law Blog)

District Court E D Pennsylvania: Lack of standing, limitations on damages: Medtronic Sofamor Danek USA, Inc v Globus Medical, Inc (Property, intangible)

BPAI: Applicants must do more than recite missing features to traverse prior art: Ex Parte Belinne (Informative Opinion) (Peter Zura’s 271 Patent Blog)

 
US Patents – Lawsuits and strategic steps

Bilski – Bilski’s patent application (Patently-O)

Bilski – Odom weighing in on Bilski for Oregon? That’s news to Oregon (The Prior Art)

General Electric Co – ITC initial determination of s 337 violation in investigation of Mitsubishi in relation to variable speed wind turbines (ITC 337 Law Blog)

LG Electronics – LG files new 337 complaint against Funai regarding importation and sale of certain video displays (ITC 337 Law Blog)

Paice – Paice drops claims against two Lexus models from hybrid vehicle suit against Toyota (Green Patent Blog)

Presstek – ITC issues public version of initial determination of violation of s 337 by VIM technologies and other defendants in investigation of importation of lithographic printing plates following complaint from Presstek (ITC 337 Law Blog)

Tessera – ITC decides not to review initial determination granting Tessera’s motion to terminate the investigation based on withdrawal of the complaint against ASE, ChipMOS and others regarding semiconductor chips (ITC 337 Law Blog)

 
US Copyright

Federal Communications Commission launches enquiry into US broadcasters opposing performers’ rights (1709 Copyright Blog) (Copyfight)

 
US Copyright – Lawsuits and strategic steps

Leibovitz, Annie – NYT reports Leibovitz pledges rights in her photos as collateral for loan (Property, intangible)

MGA – Anti-Defamation League, Public Affairs Alliance of Iranian Americans and others file amicus brief with Court of Appeals for the 9th Circuit seeking new trial in Bratz case over juror’s ethnic slurs (Property, intangible)

Salinger, J D – Colting caught in the rye, with friends (ISinIP)

 
US Trademarks

The looming danger of modernising a trademark (IP Frontline)

 
US Trade Marks – Decisions

CAFC: ‘Hotel’ is a generic word: In re Hotels.com LP (IP Osgoode)

District Court N D Illinois: Protest/parody use of mark is fair use: Lettuce Entertain You v Leila Sophia (Chicago Intellectual Property Law Blog)

TTAB precedential no 34: Applicant’s cancelled registration for identical mark no help, TTAB affirms 2(d) refusal of DAVEY for water pumps: In re Davey Products Pty Ltd (TTABlog)

TTAB okays web page specimen for sausage links: In re Odom’s Tennessee Pride Sausage, Inc (not precedential) (TTABlog)

TTAB sustains opposition to AUSTINUTS for nuts due to earlier registration of AUSTIN for crackers and cookies: AQFTM, Inc v Austinuts (not precedential) (TTABlog)

 
US Trade Marks – Lawsuits and strategic steps

Casella Wines – Casella Wines files trade mark infringement suit against Bronco Wine Company and Barrel Ten Quarter Circle for use of brackets and trade dress (The Trademark Blog)

Cultural Communications – Not-so-wise trademark application for WISE LATINA (Las Vegas Trademark Attorney)

Dallas BBQ – Companies behind Dallas BBQ restaurant file suit against former employee and founder of BBQ Harlem restaurant alleging trade dress infringement and trade secret misappropriation (The Trademark Blog)

Nike – Is Nike connected with FRS Energy Drinks? Its logos are (Seattle Trademark Lawyer)

Ralph Lauren – Lifeguard Licensing sues Ralph Lauren for use of LIFEGUARD mark on apparel (The Trademark Blog)

 

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