General Global Week in Review 31 May 2010 from IP Think Tank

Here is Think IP Strategy’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:

Appointment of President and senior posts at OHIM: it’s official – António Campinos as next President (Class 46) (IPKat)

UK announces it will fast track PCT applications (IAM) (IP Factor)

Global
Global – General

Shanghai woes, Indian oppositions and US patent extensions IP Think Tank podcast 27 May 2010 (IP Think Tank)

Measuring performance: value of intangible assets (Business IP and Intangible Asset Blog)

I love Professor Joseph Hadzima Jr. …well I sort of half love him – ‘Firms with strong intellectual property strategies fare better in raising capital’(Tangible IP)

A quick explanation on prior art (Article One Partners)

Global – Trade Marks / Brands

International Trademark Association (INTA) meeting: Boston: Day 1, 2, 3 (IPKat) (IPKat) (IPKat) (IPKat) (IAM) (IP Factor) (Article One Partners)

Brands and INTA: going where no annual meeting has gone before? (IPKat)

Global – Copyright

Without copyright protection, art and industry thrive – ‘Intellectual property in the fashion industry’ Johanna Blakely (BlawgIT) (Michael Geist)

Africa

TM search tool growth for Africa: A conversation with CT Corsearch (Afro-IP)

Australia

Phonographic Performance Company of Australia flexes music muscles (IP Whiteboard)

IP Australia – Fee surcharge for more than 20 claims – new arrangements come into force on 1 August 2010 (ipwars)

Lion mauled by High Court of Australia: E. & J. Gallo Winery v Lion Nathan Australia Pty Limited (Australian Trade Marks Law Blog)

What happens when an opponent stops opposing: Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd (ipwars)

Urgent interlocutory and declaratory relief: AED Oil Limited & Anor v Puffin FPSO Limited (ipwars)

Infringement of copyright in musical works: a riff Down Under: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (JIPLP)

Austria

Austria: opposition possible from 1 July 2010 (Class 46)

Canada

Seven copyright questions for Canadian Heritage Minister James Moore (Michael Geist)

Trade-mark appeal before the Supreme Court of Canada: Masterpiece Inc v Alavida Lifestyles Inc. (IP Osgoode)

Canadian students on the fight for fair copyright (Michael Geist)
China

IPR elasticity of FDI is back in China? (IP Dragon)

Is it a plane? Is it a bird? No, it is the Bleagle! Made in China (IP Dragon) (China Hearsay)

Limitation of actions regarding patent ownership disputes (China Law Insight)

Denmark

Fortune lost by university spells change for tech-trans units (Innovationpartners)

Europe

Unified patent litigation system (UPLS) ‘We will fight them on the beaches…’ (PatLit)

European Parliament Members follow-up with WTO on ACTA (Michael Geist)

Appointment of President and senior posts at OHIM: it’s official – António Campinos as next President (Class 46) (IPKat)

Yearly overview – Decisions of the Boards of Appeal 2009 (Class 46)

Finland

Supreme Court ends battle of margarine brands: Valio Oy and Arla Ingman Oy Ab (Class 46)

Germany

General Court finds MEMORY descriptive for ‘games recorded on data carriers of all kinds’: Ravensburger AG’s v Educa Borras (Class 46)

BGH decision on Proxyserversystem: European patent cannot be defended restricted to patent claims which do not meet requirements of clear and precise wording of the claim (EPLAW)

India

In ACTA India does (not) trust (Spicy IP)

Non-conventional trademarks in India by Dev Gangjee (Spicy IP)

Laawaris and poetic justice (Spicy IP)

Off topic: MJ Akbar and the Gandhi pen controversy (Spicy IP)

‘Person Interested’: How is an inclusive definition to be interpreted? (Spicy IP)

‘Informal’ India and the romanticisation of innovation (Spicy IP)

Debating the law of patent opposition: An appeal by any other name would smell just as sweet? (Spicy IP)

The impact of the Copyright Amendment Bill, 2010 on copyright societies (Spicy IP)

Copyright Amendment Bill, 2010 – Cover Recordings: Is it the same version? (Spicy IP)

Piracy receives yet another ‘interim’ blow: M.S.M. Satellite v. Star Cable Network (Spicy IP)

Jurisdiction ‘designed’ to err? M/s Godrej Sara Lee Ltd. v. Reckitt Benckiser Australia Pty Ltd (Spicy IP)

Israel

Hebrew University sue General Motors over advertisement containing likeness of Albert Einstein (IP Factor)

Italy

Italian law amends Italian PDO/PGI system for wines (Class 46)

Nigeria

Divine intervention unifies collective copyright management in Nigeria (Afro-IP)

South Africa

Religious IP: ECHC decision on use of ‘Presbyterian Church of Africa’ in George Mofokeng Mokabo and Presbyterian Church of Africa v Banile Bishop Nocanda and Presbyterian Church of Africa Ltd (Section 21 Company) (Afro-IP)

Switzerland

Free speech versus trade mark rights at the Swiss indoors (IPKat)

United Kingdom

New UK government downgrades IP (IAM)

UK announces it will fast track PCT applications (IAM) (IP Factor)

Victor is the victor when it comes to discretion: Victor Ifejika v Charles Ifejika and Ifejika Lens Care Ltd (Class 99)

United States
US General

District Court N D Illinois: Trade secret claims may be pled solely upon information and belief: Adams v. Pull’R Holding Co., LLC (Chicago IP Litigation Blog)

US Patents

USPTO expands application exchange program (Patent Docs)

Reducing patent pendency: The PTO responds (Inventive Step)

USPTO expands Green Technology Pilot Program; eliminates the program’s technology classification requirement (IP Spotlight)

Green patent PR: Marketing clean tech on the fast track (Green Patent Blog)

Transition: Chief Judge Michel –> Chief Judge Rader (Patently-O)

Patent Litigation Weekly: International Trade Commission rebuffs big tech, keeps doors open to NPEs (The Prior Art)

Those Nortel patent sale stories just keep on running… (IAM) (Tangible IP)

JOTWELL: Journal of thing we like (lots) (Patently-O)

Top ten most cited patent cases 2007-2010 (Patently-O)

Patent Grants 2010 (Patently-O)

No squatter’s rights; infringing a non-existent patent (Intellectual Property Directions)

US Patents – Decisions

CAFC: Three year period of silence leads to equitable estoppel: Aspex Eyewear Inc. v. Clariti Eyewear, Inc. (271 Patent Blog) (Inventive Step)

CAFC reverses BPAI’s claim interpretation: In re Vaidyanathan (Gray on Claims)

CAFC affirms claim construction and rejects indefiniteness argument: Honeywell Int’l, Inc. v. United States (Gray on Claims)

CAFC: Orion v Hyundai on novelty: Expanding the scope of a printed publication with oral testimony (Patently-O)

District Court N D Illinois: False marking includes marking with expired patent number: ZOJO Solutions Inc. v. The Stanley Works (Docket Report)

US Patents – Lawsuits and strategic steps

Blumberg Industries – ITC institutes investigation (337-TA-719) regarding certain lighting products against Lights & More, Inc (ITC Law Blog)

Hewlett-Packard – HP files new 337 complaint against MicroJet, Asia Pacific Microsystems, Mipo Technology and others regarding certain inkjet ink cartridges (ITC Law Blog)

John Mezzalingua Associates – ALJ Gildea issues remand initial determination in certain coaxial cable connectors (337-TA-650) (ITC Law Blog)

Knowles Electronics – ITC decides to review in part initial determination denying temporary relief and on review to take no position on likelihood of success on the merits in certain silicon microphone packages (337-TA-695) (ITC Law Blog)

O2 Micro – ALJ Gildea issues public version of initial determination in certain cold cathode fluorescent lamp (CCFL) inverter circuits (337-TA-666) (ITC Law Blog)

Sony Corporation – ALJ Essex grants motion to terminate investigation as to ViewSonic Corporation in certain display devices (337-TA-713) (ITC Law Blog)

Spansion – Federal Circuit to hear oral argument in Spansion appeal on June 9 (ITC Law Blog)

US Copyright

U.S. Copyright Official challenges ACTA criticism (Michael Geist)

US Copyright – Decisions

District Court E D Kentucky: My old Kentucky home remixer punk’d: Court tosses copyright infringement action for failure to disclose pre-exiting material: Rich & Rich Partnership v. Poetman Records USA, Inc. 2010 (Copyright Litigation Blog)

District Court N D Illinios: Party claiming copyright ownership not a rule 19 necessary party: Zimnicki v. General Foam Plastics Corp (Chicago IP Litigation Blog)

District Court Kansas: Third Party infringers have no standing to challenge assignment: KMMentor, LLC v. Knowledge Management Professional Soc., Inc. (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Associates Press – Court: AP ‘is going to win’ Shepard Fairey case, urges settlement (Copyrights & Campaigns)

DC Comics – Superman litigation heats up, up, and away: DC Comics, files copyright and interference with contract claim against LA attorney – Marc Toberoff: DC Comics v Marc Toberoff (IPKat)

Don Henley – Henley, DeVore file reply briefs in ‘parody’ battle (Copyrights & Campaigns)

Jason Barnes – Jason Barnes (aka Jazan Wild) files copyright infringement lawsuit against NBC Universal – alleges Season 4 of Heroes copies details from his novels: Jason Barnes v NBC Universal (IPKat)

Random House – In reversal, Random House allows Sophie’s Choice author Styron estate electronic publishing (Copyright Litigation Blog)

US Trade Marks – Decisions

CAFC vacates and remands in Deere appeal: Deere & Co. v. Int’l Trade Comm’n (ITC Law Blog)

Supreme Court: NFL collective licensing of trademarks not immune from Section1 antitrust scrutiny: American Needle, Inc. v. National Football League(Filewrapper) (IPKat) (IPKat)

6th Circuit’s 2010 Victoria’s Secret tarnishment decision:(Technology & Marketing Law Blog) (The Trademark Blog) (IP Factor)

Precedential No. 19: TTAB snoringly rules on motions to compel production and to exclude trial witness: Byer California v. Clothing for Modern Times Ltd (TTABlog)

Precedential No. 18: TTAB affirms rejection of trademark specimen as mere advertising and not point-of-sale display: In re Anpath Group, Inc (TTABlog)

Precedential No. 17: TTAB says Section 18 not available for requiring disclaimer of generic part of mark registered for more than 5 years: Montecash LLC v. Anzar Enterprises, Inc (TTABlog)

Precedential No. 16: Fraud claim survives motion to dismiss; Facts pleaded with sufficient particularity: Meckatzer Löwenbräu Benedikt Weiß KG v. White Gold, LLC (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Mini’s Cupcakes Inc – Utah cupcake maker sues competitor for trade dress infringement: Mini’s Cupcakes v. LuAnn’s Cupcakes et al (Las Vegas Trademark Attorney)

Sur La Table – Sur La Table sues Burberry for non-infringement over apron design (Seattle Trademark Lawyer)

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