General Global Week in Review 1 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 Supreme Court: Star Wars helmets did not infringe copyright because they are not art: Lucasfilm v Ainsworth (Out-Law) (Art and Artiface) (1709 Blog) (IPKat) (Class 99) (IP finance) (IP Whiteboard) (Class 99)


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 – General

80% of what? (IP Think Tank)

A prospective study on Intellectual Property protection in China (IP Think Tank)

WIPO General Assembly: Expectations loom over decisions on treaties for actors, reading disabled persons and genetic resources (KEI)

Contrasting views of the CIPO role and how to measure CIPO performance (IAM)


Global – Trade Marks / Brands

How do your IP actions reflect on your brand? (Innovationpartners)

Plain packaging for tobacco products: some legal issues (IPKat)


Global – Patents

Where will green innovation come from?? (Innovationpartners)

Featured resources: Japanese literature databases JP-NETe and J-STAGE (Patent Quality Matters)


Global – Copyright

Copyright and creatives: Leigh Harrison’s open letter (1709 Blog)

Is copyright law making a monkey out of David Slater? (IP Whiteboard)



NSWSC: If you invade a property and take photos, who holds copyright in the photo? Windridge Farm Pty Limited v Grassi & Ors (IP Whiteboard)

FCA: SOLAHART and SOLARHUT: are you confused? Solahart Industries Pty Ltd and Rheem Australia Pty Ltd v Solar Shop Pty Ltd and Solar Hut Pty Ltd (IP Whiteboard)

APO: Inventor’s disclosure bars market research patent rights: Robert Dommett v Zebra Research Pty Ltd (Patentology)

APO: Re-examination limits rights to flexible roadside posts: Delnorth Pty Ltd (Patentology)

New Zealand and Australia plan for single examination in 2014 (Inovia) (Michael Geist)



INPI to speed up examination of Brazilian patent applications (Inovia)

Brazil: a royalty fee affair (IP tango)

Handicraft becomes a ‘handy’ GI in Brazil (IP tango)



For now, there are two Targets in Canada – FCC denies motion for interlocutory relief in Target Brands v Fairweather (IP Osgoode)

An unofficial FAQ on Canadian Universities opting-out of Access Copyright (Michael Geist) (Michael Geist)

Canada – EU trade deal pushing toward new Canadian Copyright Enforcement Bill (Michael Geist)

Counterfeits: A legal faux pas: Louis Vuitton Malletier S.A. v. Singga Enterprises (Canada) Inc.; Tory Burch LLC, et al. v. Yong Sheng International Trade Co. Ltd. et al. (IP Osgoode)



Undecent Miffy Bunnies spotted in Macau (IP Dragon)

Sobering statistics put China’s innovation into perspective (IP Dragon)

How and why to trademark in China (China Law Blog)

If central Government is not omnipotent deal directly with provinces: USPTO Jiangsu MOU (IP Dragon)

The bad euh … good euh … Bad news on indigenous innovation in China (IP Dragon)

The WSJ is very wrong about China and patents, but very right about innovation there (IAM)

The PRC Antimonopoly Enforcement Agencies and the US Antitrust Agencies signed Antitrust MOU (China Law Insight)



Hungarian model captures Kat’s heart, almost – Questions on utility models referred to CJEU: Bericap Záródástechnikai Bt. v Plastinnova 2000 Kft., Szellemi Tulajdon Nemzeti Hivatala (IPKat)

Genuine use, mistranslated invoices, national decisions and the… good life: General Court decides Zino Davidoff v OHMI – Kleinakis kai SIA (GOOD LIFE) (Class 46)

Evonik Industries: appeal rejected – General Court confirms figurative mark ‘crimson rectangle with a convex side’ lacks distinctive character (Class 46)



German Patent and Trademark Office: annual report for 2010 (Class 46)

Federal Court of Justice: A combination of elements that are adapted so as to jointly serve a certain purpose, is not anticipated by a reference that merely discloses these elements without their functional adaptation (Kluwer Patent Blog)



Royalties, broadcasts and underlying works: an Indian epic (1709 Copyright Blog)

It may be none of my business: but does that make it any of yours? – business method patents (Spicy IP)

A glance at current patent litigation in India (IP Watch)

Whither the Song of Justice? (Spicy IP)

From Cola wars to Whisky wars: If anything has been ‘Made Large’, they are commercial disparagement and copyright violations (Spicy IP)



Israel Patent Office publishes report on 2010 activity (IP Factor)



Mexican Senate votes against ACTA (Michael Geist)



Abercrombie & Fitch: trapped between Fashion Gate and Idifex before the Court of The Hague (Class 46)



Intellectual property versus the public interest: who gets the vote? Bedding Holdings Ltd v INEC & Ors (jiplp)

Collecting royalties in Nigeria: a confused situation? (Afro-IP)

Elections, patents and injunctive relief in Nigeria (Afro-IP)



Virgin considers move to Switzerland for its IP licensing business (IP finance)


United Kingdom

EWHC (Pat): Patent valid, in part, not infringed: ConvaTec v Smith & Nephew (IPKat) (PatLit)

UK Supreme Court: Star Wars helmets did not infringe copyright because they are not art: Lucasfilm v Ainsworth (Out-Law) (Art and Artiface) (1709 Blog) (IPKat) (Class 99) (IP finance) (IP Whiteboard) (Class 99)

Logos and textbooks (1709 Blog)

UK IPO Research Report: Trade mark incentives (IP Osgoode)

UK to investigate ‘threats’ actions relating to trade mark and designs (Class 46)

Artist’s resale right: does it benefit designers too? (Class 99)


United States

US General

Federal Circuit judicial watch (Patently-O)


US Patent Reform

USPTO prepares for historic rule making effort (Patents Post Grant Blog)


US Patents

Top 5: Countries where US patents originate (Patent Quality Matters)

Top 5: US patent classifications in 2010 (Patent Quality Matters)

Essay: Not so confidential: A call for restraint in sealing court records (Patently-O)

What Congress should do to improve the patent system, step 6 (Patent Think)

Patent term adjustment (PTA) statistics (Patently-O)

The frequency of means-plus-function claims (Patently-O)

Patents citing more than 2,500 references (Patently-O)

Average number of references cited per patent (Patently-O)


US Patents – Decisions

District Court N D Illinois: ‘Consisting of’ language determines patent summary judgment: Kim v. The EarthGrain Co. k/n/a Sara Lee Bakery Group, Inc (Chicago IP Litigation Blog)

District Court E D Virginia: Reservation of right to appeal claim construction prompting stipulated judgment does not create substantial controversy as to declaratory judgment counterclaims: The Fox Group, Inc. v. Cree, Inc., et. al. (Docket Report)

District Court Minnesota: Res judicata bars patent claims that could have been asserted in earlier trademark case involving the ‘Same technology and the same accused products’: Superior Industries, LLC v. Thor Global Enterprises Ltd. (Docket Report)


US Patents – Lawsuits and strategic steps

CSP Technologies – ALJ Luckern denies motion to disqualify, sets target date in Certain Flip-Top Vials (337-TA-779) (ITC Law Blog) (ITC 337 Law Blog)

Earthgrains Co – In forma pauperis status denied without full proof of need: Kim v The Earthgrains Co (Chicago Intellectual Property Law Blog)

Leviton – ALJ Bullock grants motion to terminate investigation in ground fault circuit interrupters (337-TA-739) (ITC Law Blog)

Louis Vuitton Mfg – ALJ Luckern grants motion for summary determination on domestic industry issues in Certain Handbags and Luggage (337-TA-754) (ITC Law Blog)

Lutron Electronics – ALJ Essex sets target date in Certain Lighting Control Devices (337-TA-776) (ITC Law Blog)

UTC – ALJ Bullock grants motion to terminate investigation in Certain Turbomachinery Blades (337-TA-751) (ITC Law Blog)


US Copyright

We are the innovators, screams re-introduced IDPPPA fashion copyright bill (IPKat)

Copyright Act Section 108: Reproduction by libraries and archives (Copyright Litigation Blog)


US Copyright – Decisions

7th Circuit: Addition to architectural plans not original, but submission of reconstructed computer plans sufficient for copyright filing: Nova Design Build Inc. v. Grace Hotels, LLC (Copyright Litigation Blog)

District Court S D New York: Captain America comic artist Kirby copyrights KO’d: Marvel v Kirby (Copyright Litigation Blog)


US Copyright – Lawsuits and strategic steps

MGA Entertainment – The fight for Bratz – with a new plaintiff: Belair v MGA Entertainment (Property, intangible)

Twin-Star International – ALJ Gildea sets target date in Certain Electric Fireplaces (337-TA-791) (ITC Law Blog)


US Trade Marks – Decisions

TTAB precedential no. 17: TTAB suspends NFL’s “WHO DAT” opposition in view of pending lawsuit (TTABlog)

TTAB precedential No. 16: TTAB finds that orange-and-green color combination fails to function as a trademark for Newport cigarettes (TTABlog)

TTAB: COLON CLEANSE for laxative confusingly similar to COLON CLEANSE MOVE IT for dietary supplements: Health Plus, Inc. v. Tran Enterprises, LLC (TTABlog)

WYHA? TTAB affirms 2(d) refusal of RIDE OR DIE over RIDE TILL I DIE for clothing (TTABlog)

TTAB affirms genericness refusal of TREERADAR for … guess what? (TTABlog)

Test your TTAB Judge-Ability: Are DYNATECH and DYNATEK confusingly similar for auto parts? (TTABlog)

9th Circuit: Counterfeiting found inherently fraudulent, justifies deportation: Rodriguez-Valencia v. Holder (Seattle Trademark Lawyer)


US Trade Marks – Lawsuits and strategic steps

Yves Saint Laurent – Louboutin judge promises red-soles ruling on injunction soon (IPKat)

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