General Global Week in Review 1 November 2010 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:

USPTO, EPO work on establishing common patent classification system (271 Patent Blog) (IPKat) (Maier & Maier) (Patently-O) (The Patent Librarian’s Notebook) (IAM) (Patent Docs)

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

Hate mail for IP strategy lawyers and IP strategists (IP Think Tank)

Flexibility in government procurement needed for developing countries (IP Watch)

The IP Hall of Fame – the search for 2011’s inductees begins (IAM) (Patently-O)

The Vatican speaks out on intellectual property (Michael Geist) (ArsTechnica)

WIPO launches new Database for profiling IP case Studies (Spicy IP)

‘The New Insider’ threat: targeting company’s intangible assets! (Business IP and Intangible Asset Blog)

Global – Patents

Patents are hurdles, not walls (IP Think Tank)

USPTO, EPO work on establishing common patent classification system (271 Patent Blog) (IPKat) (Maier & Maier) (Patently-O) (The Patent Librarian’s Notebook) (IAM) (Patent Docs)

I stand corrected… patent trolls do make money (Innovationpartners)

Anticipating validity (IP Directions)

Green patent policies & initiatives: From CIPO to WIPO to infinity (Green Patent Blog)

We’re measuring the wrong things: Inventiveness and patents do not equal innovation (IP Asset Maximizer Blog)

Global – Copyright

Law professors call for halt to ACTA (Michael Geist)

‘TIGAR, TIGAR burning bright …’ access for visually impaired (1709 Blog)

Copyright 2.0 show including: Harry Potter plagiarism case may head to Court (PlagiarismToday)


‘The tax office is well known but Madonna is famous’: FCA decision in Solahart Industries Pty Ltd & Anor v Solar Shop Pty Ltd & Anor (IP Whiteboard)

A stitch in time… FCA considers protection during lapsed period of reinstated patent in Law v Razer Industries Pty Limited (Malleson Stephen Jaques)

FCA: Consumer survey not misleading: Specsavers Pty Ltd v Canstar Blue Pty Ltd (Malleson Stephen Jaques)

Bottle wars: Titans clash in Coke / Pepsi dispute over shape mark (IP Whiteboard) (Class 99)


Brazilian intervention at TRIPS Council: ACTA (Knowledge Ecology International)


The case for flexibility in implementing the WIPO internet treaties (Michael Geist) (Michael Geist)

The perils of co-ownership of intellectual property: JAG Flocomponents N.A. c. Archmetal Industries Corporation (IPblog)

Copyright and innovation from yoga to football: FWS Joint Sports Claimants v. Canada (Copyright Board) (IP Osgoode)

Did you say arbitration in Kazakhstan? – dispute resolution clauses in Canadian courts (IPblog)


And the battle begin – the Chilean miners phrase – trade mark rights in ‘estamos bien en el refugio los 33′ (we are well in the refuge the 33) (IP tango)


IP protection by Chinese Courts in 2009 (China Law Blog)

USTR positions in China WTO TRIPS dispute at odds with talking points on ACTA flexibility (Knowledge Ecology International)

ACTA: Intervention of China to WTO TRIPS Council (Knowledge Ecology International)

SIPO proposes to amend rules on administrative enforcement of patent rights (China Law Blog) (China Law Blog) (Inovia)

STL on infringement safari: China (Seattle Trademark Lawyer) (Seattle Trademark Lawyer) (Seattle Trademark Lawyer)

Innovation, IP to be core element of China’s economic growth (China Law Blog)

China clean tech at risk – initiation of the recent Section 301 investigation (China Law Insight)

IP enforcement in China: IP Dragon’s presentation (IP Dragon)


ECTA issues statement on latest ACTA draft (Class 46)

KEI letter to the European Parliament regarding ACTA, October 25, 2010 (Knowledge Ecology International)

Free La Liberté n’a pas de prix – General Court confirms freedom to use a sign does not always come, even with a price: Michalakopoulou Ktimatiki Touristiki v OHMI (Class 46)


Cour d’Appel rejects J&J’s arguments of insufficiency, lack of novelty: Novartis v Johnson & Johnson (EPLAW)


Don’t forget the magic word…- court order to museum to remove photos of performance of ‘Marcel Duchamp is Overrated’ (1709 Blog)

Paul the Octopus – trademark lives on (Class 46) (IPKat)

Beware of blondes! – Bundespatentgericht decision on ‘Nimm dich in Acht vor blonden Frau’n’ (Beware of blond women) mark(Class 46)

Cali Nails – Bundespatentgericht decides filing of trademark that is similar (or identical) to trademark previously used by competitor is not bad faith (Class 46)

3-D or not 3-D, that is the question … (Class 46)

Hong Kong

Hotel trademark dispute in Hong Kong (China Law Insight)


Hungary accedes to the London Agreement (EPO)


Reckitt stripped of Indian design by own prior art – Reckitt Benckiser (India) Ltd v Wyeth Ltd (Class 99) (Spicy IP)

Extracts of India’s intervention to the WTO TRIPS Council: ACTA (Knowledge Ecology International)

Mother Dairy brand not to be used by private company: says Delhi High Court: Mother Dairy Fruits & Vegetables Pvt. Ltd. & Anor v. M/S Maa Baishnavi Enterprises & Ors (Spicy IP)

Praveen Raj files rectification petition with GI Registry against the ‘Tirupati Laddu’ GI (Spicy IP)

Brin Panna & The Jungle of Oppositions- I (Spicy IP)

Tamil writer claims ‘Enthiran’ as stolen story of his tale (Spicy IP)

Lawaaris-Housefull controversy- Cal HC says Saregama has the right to grant license! (Spicy IP)


Israel importer of fake cigarettes found guilty of smuggling but acquitted of trademark infringement on technicality (IP Factor)

Late submission of evidence allowed in opposition proceeding concerning an Israel patent to Merck (IP Factor)

Zer Matok (sweet bouquet) considered generic – case dismissed (IP Factor)

Opposition proceedings adequate in competing trademarks case (IP Factor)


District Court of The Hague – auctions and patent enforcement – Multispike v Middenweg (EPLAW)


There is nothing new under the Sun (Class 46)

Can color be monopolized? (Class 46)

Band’s name as a trade mark (Class 46)


WIPO and Serbia sign cooperation agreement (WIPO)

South Africa

How close is the SADC to signing an EPA? (Afro IP)


Spanish CTM Tribunal rules on damages in infringement cases (Class 46)


DeeCee Style is not prohibited use of CEE symbol (Class 46)

United Kingdom

EWCA dismisses appeal against judgment of invadility: Tate & Lyle v Roquette Frères (EPLAW)

The PCC Page, no.3: The biter bitten? – Watching your pre-action steps (PatLit)

The advertising wars of Kellogg’s corn fakes (IPKat)

UK intellectual property insurance services: ten or more? Tell NIPCLaw (IP finance)

Trading or employment? XX v HMRC (IP finance)

United States

US Patents

 ‘Sub-standard’ patents cost the US economy over $25 billion a year. Hmmmmm …  (IAM)

USPTO petitions (Patently-O)

A first look at USPTO petitions data (Patently-O)

Peer to Patent starts with 11 new applications (Article One Partners) (IP Spotlight)

The grass gets greener: USPTO to extend and expand Green Patent Fast Track Program (Green Patent Blog)

‘Thankfully the Patent Office and the Courts have chosen to largely ignore the Supreme Court test’ – KSR v. Teleflex (IPBiz)

Commerce Dept. continues to drop hints on establishing Regional Patent Offices (271 Patent Blog)

Avoiding ambiguity in Patent License Agreements (IP Spotlight)

US Patents – Decisions

CAFC: Inventor’s prior art patents and prosecution history lead to reversal of claim construction: Laryngeal Mask Co. v. Ambu A/S (Filewrapper)

District Court W D Pennsylvania: Convenience of false marking plaintiff ‘in the business of litigation’ given little weight in venue dispute: United States of America, ex rel. et. al. v. T.F.H. Publications, Inc. (Docket Report)

District Court W D Texas: Termination of patentee’s status as business entity does not eliminate capacity to assert patent infringement in Federal Court: NorthPoint Technology, LTD. v. DIRECTV, Inc., et al. (Docket Report)

District Court N D California: ‘Greed’ and overreaching forfeit sanctions award: Goodman Ball, Inc., et. al. v. Mach II Aviation, Inc (Docket Report)

District Court C D California: Failure to object to prior art evidence at summary judgment bars objection at trial: Accentra, Inc. et al v. Staples, Inc. (Docket Report)

District Court N D Illinois: Any person has standing to bring false patent marking claim: Simonian v. Irwin Indus. Tool Co (Chicago IP Litigation Blog)

District Court N D Illinois: False patent marking plaintiff’s choice of forum given no deference: Simonian v. Pella Corp (Chicago IP Litigation)

US Patents – Lawsuits and strategic steps

SEB – Knowledge of a Patent for inducement to infringe: Global-Tech Appliances, Inc. v. SEB S.A. (ipeg)

US Copyright

US Senators ask USPTO to examine ACTA (Michael Geist)

Does the US believe ACTA can be flexibly implemented? (Michael Geist) (Michael Geist)

Françoise Castex, French Socialist MEP, asks about USTR assertions that ACTA does not require changes in US law (Knowledge Ecology International)

US Copyright – Lawsuits and strategic steps

Hell’s Angels – Hell’s Angels take on Alexander McQueen (IPKat)

Stone, Matt – ‘South Park’ guys admit copying (IPBiz)

US Trademarks

USPTO to stop trade mark bullies? (IPKat)

US Trade Marks – Decisions

Precedential No. 40: TTAB reverses 2(d) refusal: Differing trade channels and customers trump third-party registrations: In re HerbalScience Group, LLC (TTABlog)

In re Koolatron Corp highlights unintended consequences of putting ownership of related trademarks in different subsidiaries (Property, intangible)

Parties opt for ACR: TTAB finds AETNA ONE not confusingly similar to HUMANA ONE for health care-related services (TTABlog)

Internet survey evidence contributes to TTAB reversal of refusal to register shape of Walther PPK Handgun: In re Carl Walther GmbH (TTABlog) (Likelihood of Confusion)

TTAB finds GORILLA LOFT not confusingly similar to HYLOFT for storage racks and shelving (TTABlog)

TTAB: Playboy wins cancellation of BUNNY registration for clothing and handbags (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Marvel Comics – Trade mark infringement makes Hulk mad (IPKat)

Masters Software – Settlement allows the Learning Channel to continue using ‘Cake Boss’ name (Seattle Trademark Lawyer)


New Zim trade mark laws now in force (Afro-IP)

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