General Global Week in Review 10 January 2011 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:

China’s National Patent Development Strategy (2011-2020) (IPBiz) (The Intangible Economy) (Peter Zura’s 271 Patent Blog) (IAM)

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

Seeing things as we wish them to be (no. 41 in our list of IP Mistakes) (IP Think Tank)

What marketing should know about IP (IP Think Tank)

IP5 offices prior art search tools (Securing Innovation)

2011: The Year ahead at WHO, WIPO and WTO (Knowledge Ecology International)

Intangible Assets: A ‘solution looking for a problem’ or ‘If it’s not broken, why fix it’ (Business IP and Intangible Asset Blog)

CFO’s, intangible assets, strategic planning, and the information gap! (Business IP and Intangible Asset Blog)

WIPO’s Christmas message: ‘E-file your granular design renewals here’ (Class 99)

Global – Trade Marks / Brands

WIPO and WIPD logos (IPKat)

New Leadership at INTA (IP Watch)

Global – Patents

IP reform does boost foreign direct investment, says Harvard Working Paper (IP finance)

IP Watch in podcast on patent trolls and IP and development (IP Watch)

Another year, another scam reminder! (Patentology)

WIPO issues PCT Notification No. 196 (IPKat)

PCT Applications – Top national stage countries for 2010 (inovia)

Licensee buys Licensor in advance of IPO: Smith Electric Vehicles UK and Smith Electric Vehicles US (IP finance)

In defence of trolls (IP Factor)

Global – Copyright

ACTA the sequel: The Transpacific Partnership Agreement (Public Knowledge)


Warning labels threaten tobacco trade-marks – Or do they? (IP Osgoode)


Will Brazilians shave back automaker IP rights? (Class 99)

Rio 2016 logo is launched during New Year’s Eve but controversies have arisen about its originality (IP tango)


Public Domain Day – 2011 (Excess Copyright) (Michael Geist)

Copyright Predictions for 2011(Michael Geist)


Challenging perceptions: New statistics from the Supreme People’s Court on IPR lawsuits in the PRC (China Law Insight)

China’s National Patent Development Strategy (2011 – 2020) (IPBiz) (The Intangible Economy) (Peter Zura’s 271 Patent Blog)

China’s national patent strategy poses challenges for policy makers and businesses alike (IAM)

China’s challenge to Western’ concept of innovation (ipeg)


No problems for patent enforcement in Europe? It seems so … Commission report to Parliament on IPR enforcement (PatLit)

Several EU members push for unified patent system (Patent Docs)

The Princess and the Personal Name: a reader comments – Case C 208/09  Ilonka Sayn-Wittgenstein v Landeshauptmann von Wien (IPKat)

General Court – More on the ‘Lindt bunny (reindeer, ribbon and Storck mouse) shape’ cases (IPKat)

Chocolates and product shape marks – Benelux, French and German court decisions on 3d shape mark owned by Révillon Chocolatier (Class 46)

OHIM: Amendments to its Manual of Trade Mark Practice (Class 46)

From shepherds’ huts to chestnuts: more GIs protected (Class 46)


Renault: the secret is out – it’s war! – three executives suspended for suspected industrial espionage (IPKat)


Federal Supreme Court: Employee inventor rights: Steuervorrichtung (Control Device) (EPLAW)

Federal Patent Court decides subsidiarity principle also applicable to European patents and opposition proceedings: Fahrzeugsteuer (Vehicle Tax) (EPLAW)

Bundesgerichtshof on registrability of device mark for ‘Hefteinband’ (booklet cover) (Class 46)

German Federal Patent Court: MAR Y SOL valid (and average consumer understands basic Spanish) (Class 46)

German Federal Patent Court: Kit Kat vs. KIKA (Class 46)

Update on Bundesgerichtshof’s decision in ‘Goldhase II’ (Golden Bunny II) (Class 46)


London Agreement entering into force in Hungary on 1st January, 2011 (EPLAW)


Listening to the wind of change at Bollywood (Spicy IP)

Madras High Court admits PPL’s appeals and vacates ‘stay’ granted to SIMCA against Copyright Board order (Spicy IP)

2010 at the IPO – An analysis of the controller’s decisions (Spicy IP)


Court of Appeal upholds ruling that patent attorney and advocate not guilty of malpractice for failing to uncover prior art that raised freedom to operate issues  (IP Factor)

Israel Patent Office to publish granted patents for opposition purposes without delays (IP Factor)


District Court The Hague holds trapeze belt hook device patent valid: MBrands v. Kubus (EPLAW)


Slow news day: Relocation of the Trademarks Registry in Nigeria (Afro-IP)

Puerto Rico

Puerto Rico gears up for university-originated R&D exploitation reforms (IP tango)


Cold Case: SOLERO trademark case (Class 46)

The protection of economic turnover – CHOLESTIN (Class 46)

Well known trademarks (Class 46)

South Africa

SACTWU warns that factories may close due to counterfeiting (Afro-IP)

I put it on a shirt first, Swaziboy–Swazi Boy dispute in Swaziland (Afro-IP)

United Kingdom

Rule 141 and UK IPO spin (IPKat) (IPKat)

Intellectual Property Predictions for 2011 (SOLO Independent IP Practitioners)

The PPL provision I: Right to free use of sound recordings in student bars removed (1709 Blog)

The PPL provision II: PPL secures not-for-profit levy (1709 Blog)

United States

US Patents

Legislation to enhance patent case expertise among district judges awaits President’s signature (Patent Docs)

Improving key patent processes and sub-processes (Director’s Forum)

Patent pending, marking (Inventive Step)

US Patents – Decisions

CAFC: Judge Moore weighs in on vacatur of invalidity opinions: The Ohio Willow Wood Company v. Thermo-Ply, Inc (Patently-O)

7th Circuit rejects Zippo sliding scale for personal jurisdiction: Poulsen Roser A/S v. Jackson & Perkins Wholesale, Inc. (Chicago IP Litigation Blog)

N D Ohio: Damages award exceeding stipulated 4% royalty rate was not excessive: Bendix Commercial Vehicle Systems LLC, et. al. v. Haldex Brake Products Corporation (Docket Report)

E D Texas:  ‘Agreement to assign’ a patent is not, by itself, actual assignment: Gellman v Telular Corporation (IP Spotlight)

E D Texas: Evidence of lump sum settlements lacking per-unit royalty is inadmissible: LecTec Corporation v. Chattem Inc., et. al., (Docket Report)

M D Florida: Difficulty determining expiration of patent requires false marking complaint to plead knowledge of expiration with specificity: Herengracht Group LLC v. American Tombow, Inc. (Docket Report)

N D Illinois: Local patent rules do not apply to false marking with expired patents: Zojo Sol’ns., Inc. v. Leviton Mfg. Co. (Chicago IP Litigation Blog)

BPAI: Sigram Schindler appeal in patent reexamination fails: Ex parte Teles AG Informationstechnologien (Patents Post Grant Blog)

ITC: Public version of initial determination of no s 337 violation in Certain Silicon Microphone Packages (337-TA-695) (ITC Law Blog)

US Patents – Lawsuits and strategic steps

Gaumard Scientific – Gaumard files new 337 complaint regarding Certain Birthing Simulators and Associated Systems (ITC Law Blog) (ITC 337 Update)

Hewlett-Packard – ALJ Essex terminates investigation as to Mipo and Shenzhen Print Media Co. in Certain Inkjet Ink Supplies (337-TA-730) (ITC Law Blog)

Louis Vuitton Malletier  – ITC institutes investigation (337-TA-754) Regarding Certain Handbags and Luggage (ITC Law Blog)

US Copyright – Decisions

What Counsel would you have given – 9th Circuit UMG Recordings, Inc. v Troy Augusto (IPKat)

US Trademarks

All you need to know about trade dress law (Seattle Trademark Lawyer)

TTABlog Podcast: Trademark Fraud – The impact of In re Bose on trademark owners, practitioners, and the USPTO (TTABlog)

Serge Krimnus, ‘The Doctrine of Foreign Equivalents at Death’s Door’ (TTABlog)

US Trade Marks – Decisions

P. Diddy wins TTAB summary judgment over IDIDDY for headphones due to non-use (TTABlog)

When Rodney Dangerfield meets the naked trade mark licence – 9th Circuit Freecyclesunnyvale v The Freecycle Network (IPKat)

TTAB reverses refusal to register Weldebrau beer bottle design, finding it inherently distinctive (TTABlog)

Test your TTAB judge-ability: Must SERVICE CREW be disclaimed for retail store services? (TTABlog)

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