General Global Week in Review 15 August 2011 from IP Think Tank

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

 

Highlights this week included:

UK: Increase in the number of copyright offenders prosecuted, IP Crime report says (Out-Law.com) (IPKat)

District Court S D New York: Louboutin blue over red sole decision favouring YSL – preliminary injunction denied: Christian Louboutin S.A. v. Yves Saint Laurent America, Inc. (Counterfeit Chic) (LIKELIHOOD OF CONFUSION) (Copyright Litigation Blog) (Steve van Dulken’s blog on patents and IP)

Bratz trade secret litigation – District Court C D California orders Mattel to pay MGA Entertainment $309 million (Trademark Blog of the Trademark Lawyer’s Mind) (Trade Secrets Blog)

 

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.

 

Global

Global – General

UN highlights IP Rights for Indigenous Peoples’ Day (IP Watch) (WIPO)

IPR chapters in FTAs Costa Rica – China and Peru-Korea (IP tango)

 

Global – Patents

Intellectual property due diligence and Article One (Article One)

 

Australia

Coffee-cat victory: Bodum Chambord wins appeal in Federal Court: Bodum v DKSH Australia Pty Limited (IP Whiteboard)(ipwars)

Tobacco brands in Australia: will there be a compensation bill? (IP finance)

 

Brazil

‘s’ is the letter: shrimp and sweets from Brazil – INPI grants two GI’s (IP tango)

 

Cape Verde

A to Z of African official IP websites: no. 8: Cape Verde (Afro-IP)

 

Canada

Weatherford: Patent validity attacks for lack of “good faith” ruled out in Canada: Weatherford Canada Ltd. v. Corlac Inc. (Weatherford) (IP Osgoode)

Procuring by brand name: How practical is NAFTA? Enterasys Networks of Canada Ltd. v. Canada (IP Osgoode)

Castaway damages: Robinson Sucroë v. Robinson Curiosité (IP Osgoode)

The Federal Court opines in Bartly: A final action is a final action: Bartly v. Canada (Commissioner of Patents) (IP Osgoode)

 

Caribbean

Promoting Caribbean Intellectual Property Law (IP Watch)

 

China

Long Island Professor: ‘Chinese counterfeiters cannot replicate services’ Yes, they can (IP Dragon)

China IP, fakes and innovation. Is it really this bad? Will it really never get any better? (China Law Blog)

Synchronicity in trademark applications in China: from a first-to-file to a first-to-use to a divination system (IP Dragon)

Baby Tricycle Wars: Chinese babygood group victorious against US Mattel: Babygood Group v. Mattel (IP Dragon)

 

Denmark

Hague Court allows individual artistic expression: Nadia Plesner v. Louis Vuitton (IP Osgoode)

 

Europe

Cornish pasties head latest list of EU GIs (Class 46)

 

Germany

Run of the mill ingredients and other patent components – Higher Regional Court decides Lungenfunktionsmessgerät (Kluwer Patent Blog)

 

India

Guest Post: Bollywood continues to battle over scripts (Spicy IP)

Are food recipes patentable in India? (IIPRD)

 

Israel

Is the glass half transparent, or half opaque? Part 1 & II: deja vu? (America-Israel Patent Law) (America-Israel Patent Law)

Israel Supreme Court rules that rights owners should bear the costs of destroying infringing goods stopped by customs where collecting from the importer is not possible: 10 Israel Customs v. Christian Dior Couture and Iyad Habas (IP Factor)

Miss Sexy and Miss Sixty not confusingly similar (IP Factor)

Wrangling over procedure vs. substance (IP Factor)

Recent Israel oral exams illegal and candidates who failed should be allowed to resit (IP Factor)

 

Nigeria

Mexican standoff in Nigeria (Innovationpartners)

 

Poland

Warsaw hosts unified patent litigation system conference next month (PatLit)

RED BLUE v RED BULL (Class 46)

 

Switzerland

Foreign applicants do not need a local representative anymore (Class 46)

 

United Kingdom

UK courts willing to apply foreign copyright laws: Lucasfilm v. Ainsworth (IP Osgoode)

Increase in the number of copyright offenders prosecuted, IP Crime report says (Out-Law.com) (IPKat)

Relaxed rules will mean faster patent grants in US and Japan for UK inventors, says IPO (Out-Law.com)

Representation in UK trademark oppositions (Solo IP)

PCC Page 36: A woeful description of an Octopus: Cautious Co v. IPOff (PatLit)

Of mistletoe and lost gloves: the tale of UK’s Peer to Patent (IPKat)

References to the Court of Justice: more time, transparency needed (IPKat)

Dead author, old manuscripts, live issues: a reader writes (1709 Blog)

 

United States

US General

Bratz trade secret litigation – District Court C D California orders Mattel to pay MGA Entertainment $309 million (Trademark Blog of the Trademark Lawyer’s Mind) (Trade Secrets Blog)

 

US Patent Reform

The impact of patent reform on filing strategy (I) (Patently-O)

Is post-grant patent review coming to the retail industry? (Patent Law Center)

USPTO seeks input on implementation of Leahy-Smith America Invents Act (Patent Docs)

Patent Reform Update: Senate eyes September enactment for Patent Reform (Patent Law Practice Center) (Maryland IP Law Blog)

First to file in the unpredictable arts: Change in law requires balancing of competing interests (Patent Law Practice Center)

What Congress should do to improve the patent system, step 7 at Patenthink (Patent Think)

 

US Patents

USPTO’s future budget (Patently-O)

False marking – Settlement update (Gray on Claims)

BPAI backlog: Only growth (Patently-O)

Patent statistics [updated] (Patently-O)

Guest Post: What we said (and didn’t say) in the Berkeley patent study (Patently-O)

SNQ plus – A new game for patent reexamination (Patents Post-Grant)

US patent counts, Q2 2011 (Patent Librarian’s Notebook)

 

US Patents – Decisions

CAFC: Assignment of “inventions and discoveries” assigns more than just the single listed patent application: MHL Tek, LLC v. Nissan Motor Co. (IP Spotlight) (IPBiz)

CAFC: Does a patent license include related patents? General Protecht Group, Inc. v. Leviton Manufacturing Group, Inc.(IP Spotlight)

District Court W D Texas: Plaintiff’s failure to produce invalidating documents warrants $800,000 award of attorneys’ fees and costs from date of misconduct to judgment: Atser Research Technologies, Inc. v. Raba-Kistner Consultants Inc., et. al. (Docket Report)

District Court W D Tennessee: Twombly and Iqbal, not Form 18, dictate pleading standard for indirect infringement: Asentinel LLC v. AnchorPoint, Inc., et. al. (Docket Report)

District Court E D Texas: Defense counsel’s forged email confirms non-compliance with multiple discovery orders and warrants terminating sanctions: FURminator v PetVac (Docket Report)

District Court N D Illinois: Answer regarding whether a test was performed does not violate privilege: Itex, Inc. v. Work Rite Uniform Co. (Chicago Intellectual Property Law Blog)

 

US Patents – Lawsuits and strategic steps

Bone Care – Court denies summary judgment in favor of bench trial: Bone Care, Int’l v. Pen Tech Pharm. (Chicago IP Litigation Blog)

Crocs – ITC issues opinion on remedy, public interest, and bonding in Certain Foam Footwear (337-TA-567) (ITC 337 Law Blog)

Hewlett Packard – ITC issues seizure and forfeiture order in Certain Inkjet Ink Supplies (337-TA-691) (ITC Law Blog)

OSRAM GmbH – ALJ Bullock sets procedural schedule in Certain Light-Emitting Diodes (337-TA-785) (ITC Law Blog)

Otter Products – ALJ Essex sets target date in Certain Protective Cases (337-TA-780) (ITC Law Blog)

Thompson/Center Arms Co., Inc. and Smith & Wesson Corp. – ALJ Rogers denies motion to strike complainants’ claim constructions in Certain Muzzle-Loading Firearms (337-TA-777) (ITC Law Blog)

Vesta Medical – Requests for Reexamination of 27 Vesta Medical Patents Among those Filed Week of 8/1/11 (Patent Law Practice Center)

 

US Copyright – Lawsuits and strategic steps

District Court E D Wisconsin: South Park copyright infringement decision tackles joint authorship and fair use issues: Brownmark Films, LLC v. Comedy Partners (Copyright Litigation Blog)

 

US Trade Marks – Decisions

District Court S D New York: Louboutin blue over red sole decision favouring YSL – preliminary injunction denied: Christian Louboutin S.A. v. Yves Saint Laurent America, Inc. (Counterfeit Chic) (LIKELIHOOD OF CONFUSION) (Copyright Litigation Blog) (Steve van Dulken’s blog on patents and IP)

TTAB enters summary judgment under section 2(e)(5), cancelling registration for baseball training glove design due to functionality: Rawlings Sporting Goods Company, Inc. v. Peter C. Birmingham (TTABlog)

TTAB: YELLOW EMERALD merely descriptive of Golden Beryl Gemstones (TTABlog)

Test your TTAB judge-ability: Are AUTO BY RENT and AUTO-BY-TEL confusingly similar for auto-related services? (TTABlog)

Test your TTAB Judge-Ability: Which one of these three 2(d) refusals did the board reverse?: In re Flowerhorn; In re Bookriff Media Inc; In re Intrafitt, Inc (TTABlog)

 

US Trade Marks – Lawsuits and strategic steps

Coach Services – CAFC hears oral argument in appeal from TTAB dismissal of COACH opposition: Coach Services, Inc. v. Triumph Learning LLC (TTABlog)

CollegeSource – Ninth Circuit doesn’t believe defendant lacked contacts with California: CollegeSource, Inc. v. AcademyOne, Inc. (Seattle Trademark Lawyer)

Dr Pepper – Dr Pepper Bottling Co sued for alleged violation of licensing agreement with parent company (IPBiz)

Rawlings – Rawlings settles trademark dispute with Under Armour (Seattle Trademark Lawyer)

 

Vietnam

Music royalty collection – the sound of the Blues (IP Komodo)

 

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