General Global Week in Review 1 February 2010 from IP Think Tank

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

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Highlights this week included:

ACTA 7th round of negotiation, Mexico (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (IP Watch) (Ars Technica) (Electronic Frontier Foundation) (Electronic Frontier Foundation) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Electronic Frontier Foundation) (Electronic Frontier Foundation) (Michael Geist) (Michael Geist) (Michael Geist) (Spicy IP)

Genuine use of Community trade mark – Discussion of Benelux Office for Intellectual Property decision in OMEL v ONEL case: Leno Merken B.V. / Hagelkruis Beheer bv (IPKat) (Class 46) (Class 46) (Class 46) (IPKat) (IPKat)

Global – General

A little bit of background on Duncan Bucknell (IP Think Tank)

Global – Trade Marks / Brands

IP and the planet – save your logo looks good (IP Think Tank)

The linguistic and trust functions of trademarks (IP Osgoode)

Global – Patents

Panel: Standards aid innovation, but only if open (IP Watch)

UN human rights body examines WIPO development agenda, tech transfer, WHO (IP Watch)

Looking at another American century – IP landscape (IAM)

WIPO Patent Committee prepares to discuss future work programme (IP Watch) (IP Watch)

How Sun Tzu would outflank patent trolls (IP Frontline)

The concept of life and neocolonialism (IP Osgoode)

Global – Copyright

ACTA 7th round of negotiation, Mexico – general coverage (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Spicy IP)

ACTA: International harmonisation at what cost? (Electronic Frontier Foundation)

ACTA negotiators report no breakthroughs on transparency (IP Watch) (Ars Technica)

Global Anti-Counterfeiting efforts set to rise further (IP Watch)


Genuine use of Community trade mark – Discussion of BOIP decision in OMEL v ONEL case: Leno Merken B.V. / Hagelkruis Beheer bv (IPKat) (Class 46) (Class 46) (Class 46) (IPKat) (IPKat)


New IP laws for Bosnia? (Class 46)

British Virgin Islands

British Virgin Islands announces Intellectual Property Law Revision Plan (Daily Dose of IP)


Neither fish nor fowl – trademark and copyright protection for titles (IP Osgoode)

NDP MP Charlie Angus demands ACTA answers (Michael Geist)

ACTA coverage in Canada (Electronic Frontier Foundation) (Michael Geist) (Michael Geist)

Former Trade Official warns against major IP changes in EU trade deal (Michael Geist)


Counterfeiting and corporate social responsibility (IP tango)


Notice concerning the enforcement of the amended Patent Law (China Blawg)

New regulations regarding Customs enforcement of IPR (China Blawg)

Multifaceted spectrum of de facto strategies to enforce IPR in China (IP Dragon)

IPR updates January 2010 (China Blawg)

Supreme People’s Court confirms China is a low damages patent jurisdiction (IAM)

Beijing No.1 Intermediate People’s Court finds in favour of Volkswagon in trade mark case Volkswagen v Trademark Review and Appraisal Board of the State Administration for Industry and Commerce of the People’s Republic of China (China Blawg)

World Class China brands. Now, later, or never? (China Law Blog)

Knocked up because of knock off or how to protect the protection? (IP Dragon)


ECJ: Big surprise in Lego trade mark dispute: AG refers to logical business expectations: Lego Juris A/S v OHIM and MEGA Brands, Inc (IPKat)

ECJ referral from EWCA on manufacturing fiction: Nokia v HMRC (EPLAW)

Functional designs at OHIM again (Class 99)

European Court of First Instance design appeals (Class 99)

Blogging ACTA across the globe: FFII’s Ante Wessels on exporting Europe’s flaws (Electronic Frontier Foundation)

Are you aware of IPEuropeAware? – helping SMEs protect their IP (IPKat)


Blogging ACTA across the globe: The view from France (Electronic Frontier Foundation)


Law making, Bayh Dole and the Indian (re)public (Spicy IP)

The Indian Bayh Dole Bill: A critique and some suggestions (Spicy IP)

India moves closer to Madrid sign-up (Managing IP)

Madras High Court mulls over the not so glittery tale of ‘Thangam’ – interim injunction application in copyright dispute (Spicy IP)

Okay Jurassic Jelly’s design trophy in Delhi HC (Spicy IP)

Bajaj Auto awarded a patent in Europe (India Patent)

Patent dispute resolution system in India (IP Frontline)


Kenya Revenue Authority gets police protection – joint effort to stamp out counterfeits(Afro-IP)


Korean Design Act changes (Class 99)

Latin America

EU free trade agreements with Latin America = no points (IP tango)


Dutch Court stays proceedings in transit cases until the Court of Justice decides on manufacturing fiction: Cybergun S.A. v. Koninklijke Luchtvaart Maatschappij N.V. and Wargaim LLC (EPLAW)


Norway to join Hague? (Class 99)


Peru edges towards adoption of Hague Apostille provisions (IP tango)


Court of Appeal: Delay on the effectiveness of European patents until actual publication of the translation by the SPTO: Envac Centralsug AB v. Ros Roca, S.A (EPLAW)

About trade mark law, the Guggenheim museum and ‘tapas’ (not kidding) – Supreme Court dismisses appeal filed by owner of ‘Guggenheim’ Spanish trademarks against registration of ‘El heuvo frito Indautxu El Heuvonheim’ (Class 46)

Supreme Court: On well known marks: size does matter: Judgment no 761/2009 (Class 46)

United Kingdom

UK Liberal Democrats demand ACTA transparency (Michael Geist)

Court of Appeal reverses decision: Butters in Court as IP deal trumps public policy: Butters and others v BBC Worldwide Ltd and others (IPKat)

The costs of confidentiality: litigation between Virgin Atlantic and Premium Aircraft Interiors (IP finance)

CLT Intellectual Property Law Conference 2010 (Patentable subject matter – IPKat) (Unfair competition – Class 46) (Design law developments – Class 99) (Global developments – IPKat)

United States
US General

Can NBC own the intangibles of Conan O’Brien? (Property, intangible)

US Patents

Obama: ‘There’s nothing wrong with other people using our technologies. We just want to make sure that it’s licensed and you’re getting paid.’ (Patently-O)

Recent USPTO roundtable – proposed BPAI Ex Parte Appeals Rules modifications (Daily Dose of IP) (Inventive Step)

USPTO announces interim procedure for patentees to request patent term adjustment recalculation (Anticipate This!)

Patently-O – Bits and Bytes – Reexaminations (Patently-O)

US Patents – Decisions

CAFC: Inequitable conduct based on contradictory statements to the EPO (in a non-family member application): Therasense, Inc. (Abbott) v. Becton, Dickinson and Co (case no. 2009-1511) (Patently-O)

CAFC: Jury wrong on anticipation; but claims are obvious as a matter of law: Therasense, Inc. (Abbott) v. Becton, Dickinson and Co (case no. 2009-1008) (Patently-O)

District Court N D Ohio: Amended pleading adding a new party relates back to the original filing date for purposes of first-to-file venue rule: Horton Archery LLC v American Hunting Innovations LLC et al (Docket Report)

District Court M D Florida: ITC finding of noninfringement warrants summary judgement of noninfringement in parallel lawsuit: Solomon Technologies, Inc. v. Toyota Motor Corporationet al (Docket Report)

ITC: Mitsubishi powers past GE in ITC wind turbine case (Green Patent Blog)

US Patents – Lawsuits and strategic steps

InventHelp – InventHelp sues Gene Quinn (IPWatchDog) over scam allegations (Patently-O) (Anticipate This!)

Target – Inventorprise appeals from dismissal for lack of subject matter jurisdiction of complaint against Target for false marking: Inventorprise v Target (PATracer)

US Copyright – Decisions

Authentication, artist foundations and catalogue raisonnes – Appellate Div, First Dept dismisses claim against Calder Foundation: Thome v The Alexander & Louisa Calder Foundation (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Paccar – Paccar seeks default judgment against replica model truck maker: Paccar Inc. v. Malibu International Ltd (Seattle Trademark Lawyer)

US Trademarks

Senate passes bill to provide usual grace periods for Section 71 declarations of use (TTABlog)

Thinking about fraud: Where does ‘inadvertence’ end and ‘reckless disregard’ begin?; Why to look to patent law for the trademark fraud standard? (TTABlog) (TTABlog)

Senator Leahy (D-VT) introduces trademark legislation and decries trademark bullies (Las Vegas Trademark Attorney) (The Trademark Blog)

Obama’s likeness used to sell rain coats (IP Osgoode)

US Trade Marks – Decisions

District Court N D Illinois: Court enters judgment on trademark damages and attorneys fees in accordion case: Gabbanelli Accordions & Imports, L.L.C. v Italo-Am. Accordion Mfg. Co. (Chicago Intellectual Property Law Blog)

TTAB finds CATELLI for pasta sauce confusingly similar to LOCATELLI for cheese: Gennaro Auricchio S.p.A. v. Trademark Management Company (not precedential) (TTABlog)

TTAB finds board games and playing cards related, affirming 2(d) refusal of COMMANDER-IN-CHIEF: In re Paul D Miller (not precedential) (TTABlog)

TTAB: Weakness of UNITED mark for money-transfer services leads to TTAB 2(d) reversal: In re Unidos Financial Services, Inc (not precedential) (TTABlog)

Ninth Circuit affirms attorney’s fees award against injunction violator for LIESURE WORLD trademark: RRLH, Inc. v. Barto (Seattle Trademark Lawyer)

US Trade Marks – Lawsuits and strategic steps

National Football League – NFL claims rights in ‘Who Dat?’ for use by New Orleans Saints, knocking small businesses Fleurty Girl and Storyville (Name Wire)

Toys R Us – Adventure Publishing Group which had licensed Toys R Us to use THE TOY BOOK and BIG TOY BOOK sues Toys R Us for post-license use of BIG BOOK (Trademark Blog)



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