General Global Week in Review 10 May 10 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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Highlights this week included:

Gary Locke: Patent Office needs self-control of funding and enhanced post-grant review (Patently-O) (Anticipate This!)

Global – General

Economic hostages and exclusive licence strategy (IP Think Tank)

The world’s top IP management systems identified (IAM)

More news on the International IP Strategists Association (IAM)

CIPOs focused on value creation strategies and engagement with the board (IAM)

Trade secrets and proprietary information: laying the groundwork (Business IP & Intangible Asset Blog)

Global – Trade Marks / Brands

‘IP Golden Oldies’: The first salvo – Looks at ‘Trademarks and the Monopoly Phobia’ (1952) (IPKat)

Brand recalls: How can we measure their effects? (IP finance)

Can Craftsman, Diehard and Kenmore come to the rescue of Sears? – strategic role of trade marks for struggling company (IPKat)

Global – Patents

Patent information is a necessary calibration tool: How the pilgrims’ journey is a metaphor for the innovation process (IP Asset Maximizer Blog)

Global – Copyright

ACTA: why you should still care (Michael Geist)

ACTA: A new culture of damages (Spicy IP)


Accessing ACTA from an Australian perspective (Michael Geist)

Don’t blame it on the boogie: MGM Grand fails in STUDIO 54 opposition (IP Whiteboard)


Why Canadians should care about ACTA (Michael Geist)

Canadian Booksellers Association seeks changes to parallel import laws (Michael Geist)

CCER updates letter writing tool so Canadians can send letters to local MPs with views on copyright (Michael Geist)

McGrath on the state of the copyright debate (Michael Geist)

China’s growing confidence in domestic patent enforcement (ipeg)

China’s IP goals for 2010 (InoviaIP)


European Parliament passes resolution calling on Canada to support moving ACTA to WIPO (Michael Geist)

Initiative for harmonisation of copyright exceptions in Europe (IP Watch)

The great copyright debate continues – Copyright for Creativity’s ‘Declaration for Europe’ (IPKat)

ECJ: ‘α’ for alcohol: the opinion of the Advocate General in OHIM v BORCO (Class 46)

Two new references for CJEU: any more news? Frisdranken Industrie Winters BV v Red Bull GmbH and Consorzio Fonografici v Marco Del Corso (IPKat) (1709 Copyright Blog)

Marques amicus brief for Omel/Onel (Class 46)

USSR coat of arms ‘contrary to public policy’, rules OHIM (Class 46)


Federal Court of Justice decides patent claims, description and drawings are measures of disclosure of equal reference: Xa ZR 52/08 (EPLAW)


Hungary: protecting industrial designs by copyright (Class 99)


Of South India, handicrafts and changing types – GI trends (Spicy IP)

Exhaustion and copyright law – A look at the Copyright Amendment Bill, 2010 (Spicy IP)

Waxing lyrical on royalties – Update – Copyright (Amendment) Bill 2010 (Spicy IP)

An appeal by Indian Civil Society to the US President (Spicy IP)

Centre refused MontBlanc permission to use Gandhi image (Spicy IP)

The Story of the Laawaris Song, as told by the Calcutta HC (Spicy IP)

Delhi HC rules in favour of Havells India – finds Asian Electronic’s patent to be anticipated and lacking in an inventive step (Spicy IP)


Necessity to submit arguments and evidence in trademark oppositions rather than relying on the self-evident (IP Factor)

Naomi Ragen accused of plagiarism – again (IP Factor)


Honduras grants denomination of origin ‘tequila’ to Mexico (IP tango)


Protection of trade names under the Polish law (Class 46)

Puerto Rico

Blurring, tarnishment, intent-to-use in Puerto Rico – new legislation streamlines trademark regime (IP tango)

South Africa

Booze and pills! – NGHC hears passing off case concerning ‘Simply Slim’ slimming tablets; WCHC hears trade mark infringement case concerning use of ‘marula’ on liqueur label (Afro-IP)


Prayers to Madonna didn’t help – trade mark cannot be registered for various goods(Class 46)

United Kingdom

But who will regulate the regulators? – IPReg rumour (IPKat)

EWHC finds infringement of copyright in Nine Miles Down screenplay: Surjit Singla v Thomas Hedman & Ors (1709 Copyright Blog)

United States
US General

USTR Special 301 report: business as usual (Public Knowledge)

US Patent Reform

House Judiciary Committee is less than enamoured with Senate Manager’s Amendment (Inventive Step)

Startups push Congress to maintain one-year ‘grace period’ for patent reform (Peter Zura’s 271 Patent Blog)

Gary Locke: Patent Office needs self-control of funding and enhanced post-grant review (Patently-O) (Anticipate This!)

What else could the USPTO Director have said? (IAM)

Paul Michel to campaign for a strengthened US patent system when he leaves the CAFC (IAM)

US Patents

Written description – little used perhaps, but extremely useful to ensure claims are appropriately scoped (Director’s Forum)

USPTO to hold roundtables on patent quality (Patent Docs)

PTO issuing many more patents in 2010 (Inventive Step)

Where to sue and be sued in the US: some real research – Mark Lemley’s ‘Where to File Your Patent Case’ (PatLit) (Patently-O)

Into the final stretch: Surveying Bilski’s treatment in the lower courts (Peter Zura’s 271 Patent Blog)

Transfer, then stay – the new Texas two-step? (

How long do I wait for a first office action (Patently-O)

Patent pendency: Reconsidering expedited examination (Patently-O)

US Patents – Decisions

Court rules that corporate executive’s failure to inform USPTO of material information renders patent unenforceable: Avid Identification Systems, Inc. v. Crystal Import Corp (IP Spotlight) (Patent Docs)

US Patents – Lawsuits and strategic steps

Safe Skies – ITC decides not to review initial determination in certain dual access locks (337-TA-689) (ITC 377 Law Blog)

Toyota – In hybrid patent case, Toyota argues preclusion to avoid exclusion (Green Patent Blog)

US Copyright

The impact of eBay on injunctive relief in copyright cases (Copyrights & Campaigns)

The Copyright Act’s registration requirement no longer ‘jurisdictional’ – Supreme Court decision in Reed Elsevier, Inc v Muchnick (Patent Baristas)

US Copyright – Decisions

2d Circuit: No attorneys fees under Copyright Act for ad hominem attacks: Bauer v Yellen (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

American Rights Management Company – ARMC files copyright infringement suit against Viacom and others over the movie ‘Singh Is Kinng’ (The Trademark Blog)

Costco – Copyright Act’s first sale doctrine: Question presented to the US Supreme Court: Costco Wholesale Corp. v Omega S.A. (Copyright Litigation Blog)

US Trade Marks – Decisions

Patent minefield now a risk for trademark owners – District Court E D Missouri applies MedImmune in Express Scripts Inc v Intel Corp. (IP Law Blog)

TTAB finds SMIC and TSMC wafer grid logos confusingly similar for identical goods and services: Taiwan Semiconductor Manufacturing Co Ltd v Semiconductor Manufacturing International (Shanghai) Corporation (not precedential) (TTABlog)

Test your TTAB judge-ability on this section 2(e)(1) mere descriptiveness refusal of CLUB DANCE for restaurant and bar services (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Blumberg Industries – Blumberg files new 337 complaint regarding certain lighting products alleging infringement of registered trade marks and copyrights, and design patent (ITC 337 Law Blog)

Guru Denim – C D Cal magistrate judge tells plaintiff: Prosecute your case or risk being sanctioned: Guru Denim Inc v Hayes (Seattle Trademark Lawyer)


CC Vietnam celebrates launch at OCWC global meeting (Creative Commons)


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