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General Global Week in Review 11 January 2010 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:

Weatherproof blows a Presidential naming and branding opportunity (Name Wire) (IPKat) (Brand Channel)

Starbucks may pay for the use of pre-Columbian royalty images (IP tango)

Global – General

The 8 intellectual property enthusiasts to watch (IP Think Tank)

Once in a lifetime chance to guest blog at Patent Baristas (IP Think Tank)

Behind the scenes at the IP Think Tank podcasts (IP Think Tank)

Legislators worldwide asking questions about ACTA (Michael Geist)

Global – Patents

The 5 busiest patent offices launch their own website (IPKat) (IP Dragon)


Top stories of 2009 (Afro-IP)


Coca-Colla – the Bolivian drink (IP tango) (IP tango)


Is re-brand of the Canadian Trade Marks Act imminent? (IP Osgoode)

Clements 2010 priorities: privacy and copyright (Michael Geist)

GLAMOUR’S appeal denied: Federal Court of Appeal dismisses on grounds of no likelihood of confusion: Advance Magazine Publishers Inc v Farelyco Marketing Inc (Canadian Trademark Blog)

Lululemon us of ‘Cool Sporting Event That Takes Place in British Columbia Between 2009 & 2011 Edition’ slips through ‘ambush marketing’ provisions of Olympic and Paralympics Marks Act (IP Osgoode)


New patent promotion regulations of Jiangxi province was issued (China Blawg)

‘Made in China’ brand a work in progress (China Hearsay)


Supreme Court dismisses Meyn’s claim against Linco and declares Meyn’s patent invalid: Linco Food Systems A/S v. Meyn Food Processing Technology B.V (EPLAW)


A single patent can wait: Europe’s priority should be more patent attorneys (IAM) (PatLit)

‘Slightly divided we stand’: The EU ratification of the WIPO treaties (1709 Copyright Blog)

Photovoltaic solar cells – Patents in Europe (Tangible IP)

What price Gourmet? – Discussion of BrandChannel article ‘Conde Naste Considers Licensing to Mitigate Losses’ (IP finance)

Late-filed evidence: sofa, so good: OHIM Third Board of Appeal decision in Top-Line Møbelproduktion Møldrup A/S v Flemming Korshøj (Class 99)


Tribunale de Grande Instance: Termination of licence agreement; exceeding rights granted; non-compliance with marking obligation: S.A. GenOway v S.A. Cellectis (EPLAW)

Cour de Cassation: Territorial scope of injunction granted by Community trademark court: SA Chronopost v SAS DHL Express France (EPLAW)


World Cup trade mark dispute: 1-0 says the German Federal Supreme Court (Bundesgerichtshof) (JIPLP)

Germany joins Geneva Act of the Hague Agreement – takes effect on February 13th (Class 99)


Banyan Tree spreading its roots: Karnataka High Court on jurisdiction (Spicy IP)

Working of patents: Public notice issued by Patent Office to patentees and licensees (Spicy IP) (Spicy IP)

Indigenous research in India: Where do we stand? (Spicy IP)

The “3 Idiots” and the copyright controversy: will all end well? (Spicy IP) (Spicy IP) (Spicy IP)


The strange affair of Israel patent application nos. XXX and YYY to ZZZ (IP Factor)

Israel Patent Office refuses revival of design applications, but so what? (IP Factor)

Bar Ilan University holds premature ‘After Re Bilski’ conference (IP Factor)

Latin America

Madrid protocol in Latin America: a nightmare or a dream? (IP tango)


Starbucks may pay for the use of pre-Columbian royalty images (IP tango)

The relevance of the date of first use in Mexican trademark applications (


Supreme Court majority emphasize experimental exception and right to strive for new knowledge does not mean a research institute may exploit such knowledge commercially without liability for patent infringement: Torbjørn Kvassheim v. Stiftelsen SINTEF (EPLAW)


Voivodeship Administrative Court: Design, freedom and Polish law: VI SA / Wa 518/09 (Class 99)

Saudi Arabia

Saudi Arabia looking into setting up special IP courts (IP Factor)

South Africa

Western Cape High Court finds in favour of Trimega, grants interim interdict preventing Real World Diagnostics from using IP related to drink-driving breathalysers (Afro-IP) (Afro-IP)

United Kingdom

Civil Law Reform Bill: latest news (PatLit)

UK Government on ACTA: Lack of transparency not in the public interest (Michael Geist)

National policy for IP education (1709 Copyright Blog)

Protecting trade marks against company names: the first 75 UK decisions (Class 46)

More on that Angora cat: European Central Bank v DSS – the need for a one-stop patent shop (IPKat)

United States
US Patents

Lessons from i4i on JMOL motions and opinions of counsel (IP Frontline)

The new patent marking police: answering Clontech and Forest Group (GRAY On Claims)

New BPAI rules raised again (Inventive Step)

One reason why improving patent quality won’t solve the ‘Troll Problem’ (271 Patent Blog)

US Patents – Decisions

CAFC: 35 USC § 292 requires courts to impose penalties for false marking on a per article basis: Forest Group v Bon Tool (Anticipate This!) (Inventive Step) (Patently-O)

CAFC reverses W D Washington on rare interference ruling: Koninklijke Philips Electronics NV v Cardiac Science Operating Company (Washington State Patent Law Blog)

CAFC: Design patents – symmetry requires elimination of points-of-novelty test for anticipation: International Seaway Trading Corp. v Walgreens Corporation (Patently-O) (IP Osgoode)

CAFC: Means plus function claim element does not cover ‘spectrum of undisclosed structures’: Restaurant Techs. Inc. v Jersey Shore Chicken (GRAY On Claims)(Patently-O)

CAFC: Refusing to stay preliminary relief pending appeal: Bushnell v. Brunton (Patently-O)

BPAI: Reissue not available when narrowing contains all original patent claims: Ex Parte Tanaka (271 Patent Blog)

District Court W D Washington: Plaintiff’s track record of nuisance value settlements supports exceptional case finding and award of attorneys’ fees to successful defendant: Eon-Net LP v Flagstar Bancorp (Docket Report)


US Patents – Lawsuits and strategic steps

Avery Dennison – N D Illinois questions infringement case against unrelated parties: Continental Datalabel, Inc. v. Avery Dennison Corp (Chicago IP Litigation Blog)

Juniper – Juniper appeals dismissal of declaratory judgment complaint based on lack of personal jurisdiction: Juniper Networks v SSL Service (PATracer)

Lincoln Electric Company – ALJ Rogers denies motion to preclude respondents, ESAB and Sidergas, from relying on prior art not produced in certain bulk welding wire containers (337-TA-686) (ITC Law Blog)

Litepanels – Litepanels asserts film production LED lighting patents against Dot Line Corp and Infocus Camera & Imaging in E D Texas(Green Patent Blog)

Richtek Corporation – ITC institutes investigation regarding certain DC-DC controllers based on complaint by Richtek against uPI semiconductor, Advanced Micro Devices, Sapphire Technology, Best Data Products and XFX Technology (ITC 337 Law Blog) (ITC 337 Law Blog)

US Copyright – Decisions

7th Circuit: No heightened originality standard for derivative works: Schrock v Learning Curve Int’l (Chicago IP Litigation Blog)

US Trademarks

TTAB issues 51 precedential decisions in 2009 (TTABlog)

These economic times – 3 decisions based on licensee estoppel defense: HSW Enter., Inc. v. Woo Lae Oak, Inc; Kebab Gyros, Inc. v. Riyad; Eureka Water Co. v. Nestle Waters N.A., Inc (Property, intangible)

Weatherproof blows a Presidential naming and branding opportunity (Name Wire) (IPKat) (Brand Channel)

US Trade Marks – Decisions

TTAB precedential no 1: Affirms 2(d) refusal of MAX & Design over MAX for overlapping insurance services: In re Max Capital Group Ltd (TTABlog)

TTAB precedential no 51: Denies sanctions but orders parties to hold discovery conference with board participation: Promgirl, Inc v JPC CO LTD (TTABlog)

Ninth Circuit affirms dismissal of Lanham Act Claims for lack of use in commerce: Guichard v Universal City Studios LLLP (Seattle Trademark Lawyer)

CAFC hears oral argument regarding distinctiveness of religious habit: Mary Queen of the Third Millennium, Inc. v. The Foundation for a Christian Civilization, Inc. (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Adura – Eco-mark suit highlights struggle to be noticed in clean tech space: Adura Technologies v Adura Systems (Green Patent Blog)

Arizone State University – SanTan Brewing Co decides not to fight ASU’s cease and desist letter re ‘Sun Devil Ale’ and holds naming contest to find new moniker for the brew (Name Wire)

Chevron – Gas station at former Texaco site spurs trademark infringement suit: Chevron U.S.A., Inc. v Maynard (Seattle Trademark Lawyer)

Coach – Coach files trademark and trade dress infringement suit against Upstate Belle Epoque over sale of allegedly counterfeit boots (Trademark Blog)

Deere & Company – Federal Circuit hears oral argument in Deere & Company appeal against ITC (ITC 337 Law Blog)

Eat’n Park Hospitality Group – Smiley Cookies not so smiley after trade mark suit filed: Eat’n Park Hospitality Group v Crumb Corps LLC (IPKat)

Shakopee Mdewakanton Sioux Community – Owner of Minnesota Indian Casino, Shakopee, sues local Henderson Casino over MYSTIC name (Las Vegas Trademark Attorney)


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