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General Global Week in Review 7 June 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:

USPTO proposes three-track patent examination process (IP Spotlight) (Inventive Step) (Inventive Step) (Patently-O) (271 Patent Blog) (Filewrapper) (Maier & Maier) (Patently-O)

Council of the European Union asks Commission for trade mark reforms (Class 46) (IPKat)

WIPO adds Israel to Madrid system (Class 46) (WIPO) (IP Factor)

Global – General

Double-barrelled databases: WIPO GOLD and USPTO-Google(IP Watch)

WIPO launches global online resource to facilitate access to IP information(WIPO) (Class 46)

IP Business Congress 2010, 20th to 22nd June – Munich (IAM)

Global – Copyright

WIPO SCCR open ended consultation on the treaty for the blind (Knowledge Ecology International) (Knowledge Ecology International) (Knowledge Ecology International) (Knowledge Ecology International)

ACTA Update: Obama Administration’s IP strategy comes under fire from tech associations (Copyright Litigation Blog)

China, India to raise concerns at WTO about ‘TRIPS-Plus’ measures, ACTA (IP Watch)

India seeking allies to oppose ACTA (Michael Geist)


Successful application of innovation patent strategy: Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd (IP Whiteboard)


Brazil 2014 World Cup Logo revealed (IP tango)


Trade-mark licensing: It’s a control issue: Tucumcari Aero, Inc. v. Cassels, Brock & Blackwell LLP (IPblog)


Chinese TM system crash course (Class 46)

As WTO reviews China, EU, US criticise its policy on innovation, IP rights (IP Watch)

US, China weaving closer trade and IP cooperation; Focus on innovation (IP Watch)

Hubei chemical firm sues over trademark loss (China IP Magazine)


Estonian license draft open for public discussion (Creative Commons)


EP legal service issues opinion on release of ACTA docs to EP (Michael Geist)

If it’s not for sale, it’s not put on the market. Duh. – ECJ ruling in Coty Prestige Lancaster Group GmbH v Simex Trading AG (IPKat) (Managing IP)

Frisdranken/Red Bull dispute is referred to ECJ: Frisdranken Industrie Winters v Red Bull GmbH (Class 46)


Clearance: the IPO speaks (1709 Copyright Blog)

Council of the European Union asks Commission for trade mark reforms (Class 46) (IPKat)

ECJ hearing exposes EU divisions over unitary patent system for Europe (IAM) (ipeg)

Coexistence agreements: JIPLP in court again: Omega Engineering Incorporated v Omega SA (Omega AG) (Omega Ltd) (JIPLP)

More GI’s for the EU (Class 46)

The ‘fishy’ trademark handover – CH Unni reports on Controller General P H Kurian’s move to divest his ‘trademark’ portfolio (Spicy IP)


Justice must be seen to be Danone: Irish Supreme Court decision in trade mark case Compagnie Gervais Danone v Glanbia Foods Society Ltd (IPKat)


WIPO adds Israel to Madrid system (Class 46) (WIPO) (IP Factor)

Gaza (Hamastan) cancels Class 33 for trademarks (IP Factor)

Camtek sued by Rudolf – again (patent infringement dispute)(IP Factor)

Elle’s Belles! – trade mark dispute between magazine publishers (IP Factor)


District Court The Hague: Declaratory judgment of non-infringement only given for brushes sold in Netherlands, not competent to rule on invalidity of foreign (part of EU) patent: BVBA VR Construct v. Jurenco Equipment (EPLAW)


Sausages’ secondary meaning (Class 46)


Low-level protection drives up Russian patent litigation threat (PatLit)


Rwanda’s new IP law – in full! (Afro-IP)

South Africa

INTA 2010: Africa Panel Report (Afro-IP)

Kulula – ambushed by FIFA, gets last laugh? (Afro-IP) (IPKat)


The Supreme Court deactivates an Italian torpedo – Ferrero v Zaini Luigi (Class 46)


Commission seeks comments on Ukraine GIs ahead of free trade agreement (Class 46)

United Kingdom

UK High Court: Why does Newcastle United want to play Sunderland on a Saturday or Sunday?: Football Dataco Ltd v Brittens Pools Ltd (IP Whiteboard)

Full speed ahead for fast-track patents (IPKat) (Managing IP)

UK implements ECJ’s decision in favour of L’Oreal – L’Oreal v Bellure (Spicy IP) (IP Osgoode)

Formula One, Chess and IP – Force India sues Lotus Racing for infringement of rights in VJM03 wind tunnel model (Spicy IP)

When all design rights have expired, passing off remains: Numatic International Ltd v Qualtex UK Ltd (Class 99)

I fear for Brand Britain-something of genuine national interest (Tangible IP)

United States
US Patent Reform

USPTO proposes three-track patent examination process (IP Spotlight) (Inventive Step) (Inventive Step) (Patently-O) (271 Patent Blog) (Filewrapper) (Maier & Maier) (Patently-O)

USPTO seeks comment on new patent process (IP Watch)

US Patents

Google hosts bulk USPTO patent data (Patent Librarian’s Notebook) (The Invent Blog) (IP:JUR)

US falling behind in Patent Power (Innovationpartners)

Ex-Kirkland patent litigation lawyer flips to NPE (Tangible IP)

Measuring the plague of inequitable conduct (Patently-O)

Bilski watch: Timing of Supreme Court decisions (Patently-O)

NPEs find a friend in the ITC (PatLit)

US Patents – Decisions

Judge Plager: ‘The walls surrounding the claimed invention [should] be made of something other than quicksand’: Enzo Biochem and Yale University v. Applera Corp (Patently-O) (271 Patent Blog)

District Court S D Indiana: Stay pending reexam lifted prior to issuance of reexam certificate (Docket Report)

District Court N D Illinois: United States is not an indispensible party to false marking action: ZOJO Solutions Inc. v. The Stanley Works (Docket Report)

District Court C D California: Failure to allege lack of substantial noninfringing use sinks contributory infringement claim: Clayton v. Fisher-Price Inc. (Docket Report)

ALJ Gildea rules on motion for summary determination of invalidity in certain ceramic capacitors (337-TA-692) (ITC Law Blog)

US Patents – Lawsuits and strategic steps

Ford – Ford and Paice collide in hybrid vehicle patent dispute (Green Patent Blog)

Pass & Seymour – Federal Circuit to hear oral argument in pass & Seymour and General Protecht Group appeals on June 11 (ITC Law Blog)

US Copyright – Decisions

District Court W D Washington: Court finds Copyright Act preempts CPA claim but not Lanham Act claim: Oldcastle Precast, Inc., v. Granite Precasting & Concrete, Inc. (Seattle Trademark Lawyer)

9th Circuit: Filing copyright application sufficient to bring suit under Section 411(a): Cosmetic Ideas, Inc. v. IAC/InteractiveCorp (Filewrapper) (Copyright Litigation Blog)

9th Cir: Hollywood creative pitches ghostbusted by pre-emption under Copyright Act: Montz v. Pilgrim Films & Television (Copyright Litigation Blog)

District Court N D Illinois: Reconstructed deposit materials not sufficient for copyright registration: Nova Design Build, Inc. v. Grace Hotels, LLC (Chicago IP Litigation Blog)

Tentative ruling favours Henley over DeVore on copyright claims, rejecting ‘parody’ treatment (Copyrights & Campaigns)

US Trade Marks – Decisions

District Court N D Illinois: Four year delay creates laches in Lanham Act case: AutoZone, Inc v Strick (Chicago IP Litigation Blog)

District Court N D Illinois enters preliminary junction as to plaintiff’s ‘lettuce’ marks: Lettuce Entertain You Enters., Inc. v. Leila Sophie AR, LLC(Chicago IP Litigation Blog)

District Court W D Washington: Bench trial finds ‘Spiderlift’ infringes ‘Spider’ for hoisting equipment: SafeWorks, LLC v Teupen America, LLC (Seattle Trademark Lawyer)

District Court W D Washington grants summary judgment against (Seattle Trademark Lawyer)

Supreme Court strikes blow to NFL’s long-standing licensing venture: American Needle, Inc. v. National Football League et al. (IP Law Blog)

Test your TTAB judgeability: Do you know trademark mutilation when you see it?: In re Cutting Edge Beverages, LLC (TTABlog)

Fame of Coach’s ‘Signature C’ design mark leads TTAB to Sustain 2(d) Opposition: Coach Services, Inc. v. Master Leather Corp (TTABlog)

Test your TTAB judgeability: Is BLUECAR merely descriptive of electric vehicles?: In re Bollore (TTABlog)

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