General Global Week in Review 1 May 09 from IP Think Tank

Here is IP Think Tank’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:

EU Parliament announces music copyright to be extended 70 years for performers (IPKat) (The IP Factor) (Ars Technica) (Out-Law)

House Judiciary Committee patent reform hearings (Patent Docs) (Patent Baristas) (Inventive Step) (IP Watchdog) (Hal Wegner) (Patent Docs)

CAFC: Mark is geographically deceptively misdescriptive only if deception is material to a substantial portion of the intended audience: In re Spirits International (Patently-O) (TTABlog) (Hal Wegner)

Global – General

Medical devices and IP strategy IP Think Tank podcast 29 April 2009 (IP Think Tank) (presentation slides – IP Think Tank)

Roundup of 2009 Fordham conference (Excess Copyright)

Pascal Lamy reappointed WTO Director General (Intellectual Property Watch)

Reader responses – the myth of intangible valuation myths (IAM)

WIPO Committee on Development and IP meets 27 Apr to 1 May to discuss new methodology for development agenda (Intellectual Property Watch)

World IP Day 2009 (Patent Baristas) (Daily Dose of IP)

Greentech should learn pharma’s lessons or we will all end up worse off (IAM)

Panel reminds WIPO of UN mandate; call for independent evaluation (Intellectual Property Watch)

Consumers International IP Watchlist (Michael Geist)

Global – Trade Marks / Brands

Intent to use trade mark in the United States and Europe and whether it matters IP Think Tank podcast 27 April 2009 (IP Think Tank)

Barry Silverstein asks: Brand loyalty, can it be bought? (IP tango)

Global – Patents

Valuing patents – interesting discussion (Duncan Bucknell Company)

IP Owners Education foundation 5th International Judges Conference: Gurry calls for more cooperation over PCT (Managing Intellectual Property)

A response to PWC’s ‘starry-eyed’ view of the value of litigation as effective way to monetise patents (IP Asset Maximizer Blog)

Are patents a hindrance to low-carbon technology? (Spicy IP)

Book review: ‘The Genie in the Machine: How Computer-Automated Inventing is Revolutionising Law and Business’ by R Plotkin (Patently-O)

Arab World

Copyright laws and trade industry in the Arab World – II (IP Frontline)


Strong IP growth for green innovation (IP Australia)

Iced Vo-Vo biscuit maker, Arnotts, launches legal challenge to Krispy Kreme’s Iced Dough-Vo (Out-Law)


Antwerp Court of Appeal finds Mars’ Maltesers chocolate balls composition mark lacks distinctiveness in dispute over Nestle’s Kit Kat Balls (Class 46)


Chint China and strategic implications (IP Think Tank)

Injunctive relief alternatives in IP related cases in China (China Law Insight)

SIPO pats government on back for protecting Olympic IPR (China Hearsay)


Danish Maritime and Commercial Court: CHURROS non-distinctive in Denmark for Spanish waffles (Class 46)


ECJ rules IP licences ‘not contracts for the provision of services’: Falco Privatstiftung and Thomas Rabitsch v Gisela Weller-Lindhorst (IPKat)

ECJ rules luxury goods trade mark owners can oppose resale of products in discount stores in dispute between Christian Dior and Copad (Managing Intellectual Property) (Out-Law)

EPC ‘ten day rule’ – how not to use it: T2056/08 (IPKat)

EPO relies on prudence to see itself through uncertain times (IAM)

EU Parliament announces music copyright to be extended 70 years for performers (IPKat) (The IP Factor) (Ars Technica) (Out-Law)

Economic cost-benefits analysis of the EU Community Patent project (BLOG@IP::JUR)

Patent change in Europe is unlikely if business leaders remain silent (IAM)

European Patent Law Agreement’s successor Agreement Creating a Unified Patent Litigation System, what’s in a name? (IPEG)

EU gives go ahead for Canada trade talks (Michael Geist)

Europe not represented among the world’s most innovative cities according to Business Week survey (Innovationpartners)

EPO Applicant Panel Survey 2008 results published (BLOG@IP::JUR)


Chinese company Wangzhihe reclaims brand in Germany (Managing Intellectual Property)

Hong Kong

Hong Kong proposes copyright quotas (Managing Intellectual Property)


Metropolitan Court: ILKA FITT confusingly similar to MILKA (International Law Office)


A petition pleading to greater transparency and more access to patent information (Spicy IP) (Spicy IP) (Spicy IP)

De-coding the law: What ‘patent information’ can be published? (Spicy IP)

Defining ‘literary works’ for copyright protection (International Law Office)

Drafting and interpretation of patent claims (IP Frontline)


Israel Patent Office accepts lacks jurisdiction and rules anyway: Karl Storz GmbH & Co v Bausch and Lomb (The IP Factor)

Economist report ranks Israel 10th in terms of innovation (The IP Factor)


Mauritius launches IP sensitivity drive (Afro-IP)


Presiding Judge of the District Court of The Hague: De Bever, owner of ‘Blue Wonder’ mark, loses summary proceedings on trade mark infringement  against Van der Graaf companies (Class 46)


3D cheese in a cask marks (Class 46)

Nice Classification in proceedings (Class 46)

DAC Warsaw: Bad faith in the application of a trade mark (Jarzynka & Partners)


New patent law on the way (International Law Office)

United Kingdom

Malicious falsehood case in connection with NO HIDDEN NASTIES campaign: Ajinomoto Sweeteners Europe v Asda (IPKat)

UK IPO: ‘The International Examination Guide’ updated (Class 46)

UK IPO: Practice Amendment Notice 02/09 concerning ‘Procedure Governing the Appointment of Ex Parte Hearings (Class 46)

UK IPO: Tribunal Practice Notice (TPN 2/2009) regarding new practice concerning issuing preliminary indications in opposition proceedings (Class 46)

Affordable patent litigation and the Burdon Plan: some additional comments (PatLit)

Copyright Tribunal to be made more user-friendly (At Last… the 1709 Copyright Blog) (At Last… the 1709 Copyright Blog)

United States
US General

USPTO Director?: 101 days and counting… (IAM)

Rights holders back Obama appointments (Managing Intellectual Property)

Sen Specter’s defection to Democrats (Excess Copyright)

First Quarter venture capital funding at 12-year low (Patent Docs)

US General – Decisions

District Court N D Illinois: Alleged harm to plaintiff in Illinois creates specific jurisdiction in trade secrets case UTStarcom, Inc v Starent Networks, Corp (Chicago Intellectual Property Law Blog)

US Patent Reform

House Judiciary Committee patent reform hearings (Patent Docs) (Patent Baristas) (Inventive Step) (IP Watchdog) (Hal Wegner) (Patent Docs)

BIO urges Congress on patent reform: First, do no harm (Patent Baristas)

Reader responses, part 1 – US patent reform and the declining influence of interest groups (IAM)

Tafas v Doll request for extension of time (Inventive Step)

US Patents

USPTO offering millions for international IP protection programs (Michael Geist)

PLI Patent Litigation treatise gets important updates (IP Watchdog)

Differing re-examination claim construction regimes (IP Frontline)

Stats on patents in sport (12:01 Tuesday)

Patenting surgical procedures (IP Frontline)

USPTO patent quality review changing for better (IP Watchdog)

Psst – can you keep a secret? You don’t need an NDA (Intellectual Property Directions)

Is everything obvious?: In re Kubin and KSR International Co v Teleflex Inc (Patent Docs)

US Patents – Decisions

CAFC: USPTO, Tafas & GSK request extension for reconsideration (IP Watchdog)

CAFC: Patent on sex aid is obvious: Ritchie v Vast Resources (AKA Topco) (Patently-O) (Hal Wegner)

CAFC: Assigning patent rights: Euclid Chemical v Vector Corrosion (Patently-O) (Hal Wegner)

District Court E D Michigan: LEDdynamics wins summary judgment in LED tube patent suit (Green Patent Blog)

District Court E D Texas: Inter partes reexams deflating in the E D Tex: BarTex Research LLC v Fedex Corp (Peter Zura’s 271 Patent Blog)

PTO BPAI: Final decisions in inter partes re-examination which have possibility of going to Federal Circuit: Leggett & Platt v Patent of Hickory Springs Manufacturing Co and Microblend Technologies, Inc v Patent of Rohm and Haas Co (Hal Wegner)

US Patents – Lawsuits and strategic steps

A Truly Electric Car Company – ATECC files suit against Magna International, Bluwav Systems and Paperboy Ventures seeking to be named as co-inventor on number of patent applications covering electric vehicle technology (Green Patent Blog)

US Copyright – Decisions

District Court N D Illinois: Notice pleading does not require a claim be well written: Nova Design Build, Inc v Grace Hotels, LLC (Chicago Intellectual Property Law Blog)

US Copyright – Lawsuits and strategic steps

MGA – MGA fails to cut Mattel’s $100 million Bratz verdict (Bloomberg)

US Trademarks

Does the collection agency commit trade mark infringement? (The Trademark Blog)

US Trade Marks – Decisions

CAFC: Mark is geographically deceptively misdescriptive only if deception is material to a substantial portion of the intended audience: In re Spirits International (Patently-O) (TTABlog) (Hal Wegner)

District Court C D California: Court finds Abercrombie’s stitch design does not dilute Levi’s stitch design (Seattle Trademark Lawyer)

TTAB precedential no 17: TTAB dismisses Bayer FLANAX cancellation claims – no famous marks exception in US law: Bayer Consumer Care AG v Belmora LLC (TTABlog)

TTAB finds tray design functional based on applicant’s own boastful advertising: In re Gratnell’s Limited (not precedential) (TTABlog)

TTAB finds RUSSKAYA for Vodka abandoned, cancels registration: AV Brands, Inc v Spirits International, BV (not precedential) (TTABlog) (Property, intangible)

TTAB: no likelihood of confusion between smiling boy marks: Odom’s Tennessee Pride Sausage, Inc v FF Acquisition, LLC (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Life is Nutz – LIFE Inventive Step NUTZ seeks declaration that it does not infringe LIFE IS GOOD (The Trademark Blog)



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