General Global Week in Review 10 Aug 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:

David Kappos confirmed as USPTO Director (IP Watchdog) (Patently-O) (Anticipate This!) (Patents4Life)

CAFC: Inequitable conduct defense requires that specific facts regarding circumstances and intent to deceive must be included in pleadings: Exergen Corp v Wal-Mart Stores, Inc (Inventive Step) (IP Watchdog) (Peter Zura’s 271 Patent Blog) (Patent Docs)

Bilski v Doll – Petitioner’s brief, amicus briefs (Patently-O) (Inventive Step) (BlawgIT) (PatentBIOtech) (Patently-O) (AwakenIP)

Global – General

Release the tweets – IPBC09 and beyond (IP Think Tank)

Are you certain you don’t have coverage for the IP dispute? (IP ADR Blog)

David Brown discusses global growth in IP (IP Solutions)

Global – Trade Marks / Brands

How to respond to cease and desist orders from trademark owners (IP ADR Blog)

Artists and brands – ad-supported CD releases (IP finance)

The questionable notion of the national brand (IP finance)

Global – Patents

Seeing the forrest: considering worldwide patent trends (Patently-O)

PCT v 2.0 on the anvil? – WIPO intends to impose ‘Global Patenting Regime’ on developing world (Spicy IP)

Finding innovative products just got easier – (India Patents)


Australia to allow parallel importation of books? (Excess Copyright)


Unearthed government memo confirms need for parody right legislation (Excess Copyright) (Michael Geist)

Claude Majeau new Vice Chair and CEO at Copyright Board (Excess Copyright)

Wal-mart claims trade mark infringement by union website (Canadian Trademark Blog) (Michael Geist)


IP Court of Appeal finds SOMOS LOS QUE TIENEN VTR (English: We are the ones who have VTR) not a slogan but a design (IP tango)

Annulment appeal invoked again in Chile (IP tango)


Court hears copyright infringement lawsuit brought by Beijing Founder Electronics Co against P&G Guangzhou over font (S&F)

Unification of jurisdiction in IPR-related civil, criminal and administrative cases in China (China Law Insight)

Shunde Patent Alliance of Electric Pressure Ovens grows (S&F)


Colombia edges towards Madrid Protocol (IP tango)

EPO adds Colombia to its bibliographic database (IP tango)


European Commission threatens US with trade sanctions over US’ failure to provide adequate performance right protection for European composers, songwriters, publishers (1709 Copyright Blog)

Applications on the slide says EPO (IAM)


Act for Simplification and Modernisation of Patent Law (Patentrechtsmodernisierungsgesetz) to enter into force 1 October 2009 (BLOG@IP::JUR)


Seizure of counterfeit garments, accessories, stationery in Thessaloniki (Class 46)


Anjali Prasad to be new Joint Secretary of Department of Industrial Policy and Promotion (Spicy IP)

Patents patents everywhere, no revenue in sight! (Spicy IP)

PanIIT Alumni India leads the way in incubating ideas (Spicy IP)

Rigging data: IPRs and the impact of counterfeits (Spicy IP)

The Competition Commission: separation of power troubles again? (Spicy IP)


Israel applies to be PCT international search authority (The IP Factor)

Tel Aviv District Court refuses preliminary injunction to Strauss Ice Creams who claims packaging on Nestle’s ‘La Cremeria’ ice cream infringes its ‘Cremisimo’ ice cream (The IP Factor)


Africa Growth and Opportunity Act: Trade breaks or heartbreaks? (Afro-IP)

Indigenous community goes digital with high-tech support from WIPO (WIPO)


Koreans plan NPE to reduce the country’s huge patent licensing deficit (IAM) (IAM)


Libya, Canada sign nuclear pact – but what of the IP? (Afro-IP)


Afga/Xingraphics patent dispute: all rather vague in The Hague (PatLit)


Romania moves towards trade mark reform (Class 46)


Glasgow wants protection for Chicken Tikka Masala (Spicy IP) (Innovationpartners)


New geographical indication for ‘Spanish Vineyards’ (but not to everyone’s satisfaction) (Class 46)


Swiss Customs seizes Asian-made Victorinox goods following entrepreneur and politician Thomas Minders’ complaint over use of the Swiss Cross sign (Class 46)

RepXpert protectable, but Xperselect not (Class 46)

Exhaustion of patent rights in Switzerland: it’s national, regional and global (PatLit)

United Kingdom

British claim construction, a model of simplicity: W L Gore & Associates GmbH v Geox SPA (IP Frontline)

EWHC (Ch): Same patent, same allegation, different outcome: Occlutech GmbH v AGA Medical Corp; Dot Medical Ltd (PatLit) (IPKat)

Net profit saved though springboard loses its spring? – Chancery Div rules in a trade secret case relating to technical information: Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others (IPKat)

EWHC (Ch) finds actionable breach of confidence in case concerning stolen invoices: JN Dairies Ltd v Johal Dairies Ltd, Gurbir Singh (IPKat)

Advertising Standards Authority condemns wrongful use of Volvo log by an unauthorised Volvo dealership (Class 46)

Banksy – an unlikely copyright ambassador? (Laurence Kaye on Digital Media Law)

United States
US General

David Kappos confirmed as USPTO Director (IP Watchdog) (Patently-O) (Anticipate This!) (Patents4Life)

Kappos nomination unanimously forwarded to Full Senate (IP Watchdog) (Inventive Step) (Managing Intellectual Property) (IP Frontline)

Public Knowledge and EFF tell Congress: Secret negotiations harm the public knowledge (Public Knowledge)

US Patent Reform

Innovation Alliance: Patent holders weigh in on patent reform (PatentBIOtech)

US Patents

Patent quickie: Getting a quick patent can help – South Africa, New Zealand and Singapore (IP Watchdog)

Northern District of Illinois proposes patent rules affecting claim construction practice – Will proposed patent rules drive patent cases to Chicago? (Gray on Claims) (Chicago Intellectual Property Law Blog) (Patently-O)

Despite major changes in Asia, the US is still number one and will be for a while yet (IAM)

Is the CAFC pro-patent? Maybe not, claims study by economist Manasseh Zechariah (Peter Zura’s 271 Patent Blog)

Patent statistics and economic development: Pros and cons (Patent Librarian’s Notebook)

Class 310 reorganised (Patent Librarian’s Notebook)

Inventor pitfalls: What is the patentable feature? (IP Watchdog)

PLI publishes 2009 Federal Circuit Yearbook (IP Watchdog)

US Patents – Decisions

CAFC: Inequitable conduct defense requires that specific facts regarding circumstances and intent to deceive must be included in pleadings: Exergen Corp v Wal-Mart Stores, Inc (Inventive Step) (IP Watchdog) (Peter Zura’s 271 Patent Blog) (Patent Docs)

CAFC: McNeil dodges bullet on timing of appeal filing: In re McNeil (Patent Baristas) (Peter Zura’s 271 Patent Blog)

CAFC: Patent Office keeps check, let’s patent go abandoned for being $10 short: Taylor v USPTO (Patent Baristas)

District Court S D Texas addresses when estoppels attaches to ‘final’ ruling at PTO in proceeding for inter partes re-examination; first inter partes reexam appeal to the Federal Circuit: Safoco, Inc v Cameron Int. Corp. (Washington State Patent Law Blog) (Patently-O)

BPAI uses dictionary published six years after filing date in rejecting claims: Ex Parte Davis (Gray on Claims)

BPAI rejects claims, finding PHOSITA would have to make speculative assumptions concerning the meaning of claim language: Ex parte Brune (Gray on Claims)

ITC reverses Remand Initial Determination and finds no violation in investigation relating to coolants brought by INEOS against Sinochem (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Bilski – Bilski v Doll – Petitioner’s brief, amicus briefs (Patently-O) (Inventive Step) (BlawgIT) (PatentBIOtech) (Patently-O) (AwakenIP)

Finnegan, Henderson, Farabow, Garrett & Dunner – ITC denies FHFGD’s motion to intervene and to preclude disclosure of confidential business information (ITC 337 Law Blog)

Lincoln Electric Company – LEC files new 337 complaint regarding bulk welding wire containers against Atlantic China Welding Consumables, ESAB, Hyundai Welding Co, Kiswel and Sidergas (ITC 337 Law Blog)

Rothschild, G N – ITC ends Rothschild LED patent infringement investigation against Xiamen (Green Patent Blog)

Sharp Corporation – ITC issues public version of initial determination finding 337 violation in dispute between Sharp and Samsung over LCD modules (ITC 337 Law Blog)

US Copyright

Senate hears royalty debate pitting Big Content vs Big Radio (Ars Technica)

US Copyright – Decisions

District Court E D Pennsylvania: Reproductions of ‘famous monsters’ art work fair use when used in biography of artist: Warren Publishing Company and James Warren v J David Spurlock dba Vanguard Productions (IP Spotlight)

Ninth Circuit changes its definition of ‘prevailing party’ in copyright cases: Cadkin v Loose (IP Law Blog)

US Copyright – Lawsuits and strategic steps

Associated Press – Original / inspiration: where to draw the line between flattery and copyright infringement – discussion of Shepard Fairey v Associated Press (IP Osgoode)

MGA – MGA launches ‘Moxie Girlz’, similar in appearance to Bratz (Property, intangible)

Salinger, J D – Amicus briefs filed in support of Fredrik Colting and other defendants in ‘Catcher in the Rye’ case (IPKat)

US Trademarks

USDA’s organic labelling requirements function as a solid certification mark (Seattle Trademark Lawyer)

US Trade Marks – Decisions

4th Circuit: Imagination Entertainment wins appeal against competitor George & Company in trade mark dispute over LEFT CENTER RIGHT for popular dice game (IP Frontline)

District Court S D New York: Heisman Trophy Trust prevails on summary judgment that defendant breached prior settlement agreement not to distribute confusingly similar HEISMAN TROPHY shirts: Heisman Trophy Trust v Smack Apparel (The Trademark Blog)

TTAB precedential no 31: In an accelerated decision, TTAB sustains Schick opposition to SLICK ULTRA PLUS for disposable razors: Eveready Battery Company, Inc v Green Planet, Inc (TTABlog)

TTAB precedential no 32: TTAB okays service of opposition by mail to applicant’s address, not the correspondence address of record: Chocoladefabriken Lindt & Sprungli AG v. Karlo Flores (TTABlog)

TTAB precedential No 33: TTAB designates section 2(d) alligator decision as precedential: Lacoste Alligator SA v Maxoly, Inc (TTABlog)

TTAB: Osho International Foundation cannot claim monopoly in US on the word OSHO for Osho’s teachings and activities: Osho Friends International v Osho International Foundation (Spicy IP)

TTAB: Finding proof of acquired distinctiveness insufficient, TTAB affirms refusal to register the color maroon for steel anchors: In re General Technologies, Inc (not precedential) (TTABlog)

Court preliminarily enjoins US government’s seizure of items bearing MONGOLS membership mark (Las Vegas Trademark Attorney) (Property, intangible)

US Trade Marks – Lawsuits and strategic steps

Cuba – Relatives of the late Bobby Fuller petition Miami-Dad circuit judge to order sale of Havana Club, Choiba and other Cuban government trade marks to satisfy $100M wrongful-death judgment against Cuban government (IPKat) (Property, intangible)

Michael Jackson – Michael Jackson’s trade mark troubles (IPKat)

Northwest Airlines – Northwest Airlines claims Spokane Company’s use of ‘Northwest’ infringes its rights (Seattle Trademark Lawyer)

Pepsi – Pepsi loses motion for preliminary injunction against Coke’s energy drink ads (Las Vegas Trademark Attorney) (The Trademark Blog)



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