General Global Week in Review 1 June 09 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:

WIPO copyright treaty for blind kept on hold (Spicy IP) (Intellectual Property Watch) (Intellectual Property Watch) (Excess Copyright) (Excess Copyright) (At Last… the 1709 Copyright Blog)

Germany moves to reduce patent appeal backlog, Parliament approves amendments to German Patents Act (PatLit) (BLOG@IP::JUR)

Global – General

Evolutionary IP strategy (IP Think Tank)

What exactly is IP strategy, anyway? (IP Think Tank)

When is market destruction creative? (IP Osgoode)

Using IP knowledge to make money from shares (IAM)

Same WTO Deputy DGs names to new terms (Intellectual Property Watch)

WTO Ministerial set for November (Intellectual Property Watch)

News from ACTA (BLOG@IP::JUR)

A call for your favourite (or least favourite) IP clauses (IP finance)

Working together in the digital age – outside counsel should be ‘proactive, available and relevant’ says Dolores Moro of BATMark (Managing Intellectual Property)

Global – Trade Marks / Brands

WIPO to create Deputy Directors for global issues, trademarks (Intellectual Property Watch)

Proponents see WTO session on GI register ready for substantive talks (Intellectual Property Watch)

Trade marks and the calculus of evolution (Managing Intellectual Property)

(Brand) paradise lost (IP finance)

New ways to find finance in the downturn – using brands to obtain finance (Managing Intellectual Property)

Global – Patents

Vote for top patent blogs (IP Watchdog) (IP Think Tank) (IAM)

Conflict avoidance and the march of science (The IP ADR Blog)

Global – Copyright

Copyright collides with consumer rights and human rights (IP Think Tank)

WIPO copyright treaty for blind kept on hold (Spicy IP) (Intellectual Property Watch) (Intellectual Property Watch) (Excess Copyright) (Excess Copyright) (At Last… the 1709 Copyright Blog)

WIPO SCCR day: Countries divided about limitations and exceptions to copyright (Public Knowledge)

How to handle copyright as a designer (Innovationpartners)


Seminar on copyright and access to educational materials in Africa exposes issues (Afro-IP)


FCA: Recognising the indications of geography: Bavaria NV v Bayerischer Brauerbund eV (Australian Trade Marks Law Blog)


Brazilians consider free use of sponsored works (IP tango)

Parody as unfair competition? No, says Brazilian court (IP tango)


DFAIT post questionnaire on Canada-EU Economic Agreement (Michael Geist)

Risks of rebranding: Labbat trade mark infringement suit against Brick Brewing Co (


Registrar allows registration of AIRKRAFT for vehicle air springs (Class 46)


Wine bottle labels made of tin – no trade mark infringement (Class 46)


Advocate General on use of ‘Salame di Felino’: Grandi Salumifici Italiani SpA v The Emilia-Romagna region (Class 46)

CFI: non-renewal and foreseeable system failure: Aurelia Finance v OHIM (Class 46)

‘Dearest Tinkebell’ collection of hate emails sent via social networking websites raises questions regarding copyright in emails and web profiles (IPKat)

SAS does not file for patents in Europe because of the cost, says EU affairs manager (IAM)

Despite recent developments it will still be a long time before Europe gets its patent court (IAM)

Convention on choice of court agreements (Lenz Blog)

Three more PGIs for Europe: Czech term Mariánskolázeňské oplatky for class 2.4; French terms Petit Épeautre de Haute Provence and Kiwi de l’Adour both in class 1.6 (Class 46)

MARRONI DI COMBAI chestnuts seek PGI protection (Class 46)


Germany moves to reduce patent appeal backlog, Parliament approves amendments to German Patents Act (PatLit) (BLOG@IP::JUR)


Ghana focus on education to combat counterfeit crisis amidst calls for stricter laws (Afro-IP)


Court of Appeals for the Peloponnesian Region rules in favour of Hermes in trade mark dispute with jewellery shop based in Olympia region (International Law Office)


‘Bullet’ Kurian unleashes more reforms to Indian Patent and Trademark Office (Spicy IP)

An IP policy for the Aam Admi: Is the new UPA government up for the challenge? (Spicy IP)

Customs Authority as copyright watchdogs: A welcome initiative? (Spicy IP)

‘IP’ centric law degree by IIT-K threatened (Spicy IP)


Israel Trademark Office prefers snail mail (The IP Factor)

Which Patent Office is better: Australia’s or Israel’s? (The IP Factor)


Patent applications fall in Japan as patenting becomes a more considered activity (IAM)


Jordanian Patent Attorney Association boycotts Israel (The IP Factor)


Constitutional Court nullifies Article 7(3) of the Trademark Act (International Law Office)


Lithuania acceded to the London Agreement (EPO)

Statutory compensation for trademark infringement found unconstitutional: AB Gubernija v UAB Kalnapilio Tauro grupė (International Law Office)


Nigerian business man caught attempting to export pirated DVDs (Afro-IP)


Supreme Administrative Court rules on ‘genuine use’ in case concerning TWÓJ STYL mark (Class 46)

Supreme Administrative Court considers social coexistence in trade mark registration in case concerning OFF THE LIP mark (Class 46)

South Africa

Fake IPL tickets acts as chilling reminder of life-threatening risks associated with counterfeiting (Afro-IP)

Content industry v SABC (IP finance) (Afro-IP)


New regulations for translations and powers of attorney (Afro-IP)


IP law amendments implement Enforcement Directive (International Law Office)


Swiss Supreme Court rules KitKat Pop Choc trade dress not confusingly similar to Maltesers (Class 46)

When are trademarks with geographical content not misleading?: Federal Administrative Court rulings in CALVI and TRELLEBORG cases (International Law Office)

Motion marks: Swiss IPO allows Swisscom to file MPG-file of motion mark in motion (Class 46)

United Kingdom

Class dispute over similarity of goods too complex for summary judgment: Daimler AG v Sany Group Co Ltd (Class 46)

The war on counterfeits: how much would you spend? (IP finance)

The Statute of Anne: a note on the ‘original copy’ (At Last… the 1709 Copyright Blog)

Practice in UK patent proceedings before the Comptroller (PatLit)

SABIP seeks tenders for research into UK IP enforcement (PatLit)

Santander to rebrand Abbey, Alliance & Leicester and Bradford & Bingley Savings as Santander from end 2010 (IPKat)

UK IPO fast tracks green patent applications (Green Patent Blog)

Smelling like roses – managing transfer and sale of company name in liquidation (IP finance)

United States
US General

President Obama nominates Judge Sonia Sotomayor to Supreme Court (Inventive Step) (Managing Intellectual Property) (The Trademark Blog)

Judicial questions are a losing proposition? (Chicago Intellectual Property Law Blog)

Will Obama ever select a PTO Director? (IP Watchdog)

US Patents

Congress makes another attempt to ban tax strategy patents (Peter Zura’s 271 Patent Blog)

Poor man’s opposition (Anticipate This!)

A few useful sections of the Manual of Patent Examining Procedure (Patentably Defined)

Response to IP Watchdog post reporting that examiners instructed to allow more patents (Just an Examiner)

Looking for inside info on the automotive bailout and other business issues? It may be hiding in plain sight in US patent database (IP Asset Maximizer Blog)

Interview with Mike Drummond of Inventors Digest (IP Watchdog)

US Patents – Decisions

CAFC: Impact of merger/buyout on prior agreement to not challenge patent validity: Epistar v ITC (Patently-O) (ITC 337 Law Blog)

CAFC affirms in part, reverses in part, vacates in part and remands Linear Technology Corporation v ITC (ITC 337 Law Blog)

CAFC: Genetech & Volkswagon – Federal Circuit splits on venue transfer cases (Patently-O)

CAFC: Appellate practice – working models for the court: Farrago v Rawlings Sporting Goods (Patently-O)

CAFC: Declaratory judgment – personal jurisdiction over foreign patent holder: Autogenomics v Oxford Gene Tech (Patently-O) (Patent Baristas)

CAFC: Claims with contextual limitations: Paragon v Timex (Patently-O)

CAFC: Discovery misconduct: Boss v Yamaha (Patently-O)

District Court S D New York: Injury must be ‘concrete and particularised’ for standing in false patent marking action: Stauffer v Philip Brooks’ Patent Infringement Updates Brothers, Inc (Peter Zura’s 271 Patent Blog)

District Court M D Florida: Process requiring machine doesn’t necessarily satisfy 35 USC 101: Every Penny Counts v Bank of America Corp (Peter Zura’s 271 Patent Blog)

US Patents – Lawsuits and strategic steps

Cardiac Pacemaker – Federal Circuit hearing Cardiac Pacemaker v St Jude en banc, directed to single question: Does 35 USC § 271(f) apply to method claims, as well as product claims? (PATracer)

Cartner – Cartner appeals against invalidating claim construction in Cartner v Alamo Group (PATracer)

Cognex – Cognex files new 337 complaint seeking ITC investigation of MVTec, E Zoller, Fuji and others concerning machine vision software and systems (ITC 337 Law Blog)

Kruse Technology Partnership – Kruse files patent infringement suit against DMAX over its Duramax diesel engines (Green Patent Blog)

US Copyright

Copyright Office backlog slows issuance of copyright registrations (IP Spotlight) (Silicon Valley IP Licensing Law Blog)

Does fashion need copyright protection? – US Congress attempt to introduce Design Piracy Prohibition Act (IP Osgoode)

EFF launches ‘Teaching Copyright’ to correct entertainment industry misinformation (EFF) (Creative Commons) (Excess Copyright) (Ars Technica) (Copyfight)

US Trade Marks – Decisions

On remand from CAFC, TTAB re-jettisons Bishop v Flournoy oppositions (not precedential) (TTABlog)

TTAB affirms two more section 2(a) scandalous refusal: In re RK Netmedia, Inc (not precedential) (TTABlog)

Divided TTAB panel disagrees over doctrine of equivalents, reverses 2(d) of ALLEZ FILLES! over GO GIRL: In re Helen Trimarchi and Michael Merr (not precedential) (TTABlog)

TTABlog 2(e)(1) triple-header: Mere descriptiveness is not a guessing game!: In re David Michael & Co, Inc; In re Public Safety Health Systems, Inc; In re Liberty Hardware Mfg Corp (TTABlog)

District Court W D Washington dismisses defendant in Rockin’ Perfume trademark dispute; insufficient evidence of purposeful availment: Sportsfragrance, Inc v The Perfumer’s Workshop International, Ltd (Seattle Trademark Lawyer)

US Trade Marks – Lawsuits and strategic steps

Fusion Brands International – CLEAN v KLEAN perfume/cosmetics trade dress: Fusion v Klean Bath & Body et al (The Trademark Blog)



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