General Global Week in Review 11 July 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:

Australia and New Zealand move even closer to a single patent examination system (IP Whiteboard) (ipwars) (Patentology)

Guest post by the Hon Paul Michel: Rein in the big bank bail-out – H.R. 1249 Section 18 (Patently-O) (Patently-O)

Spain, Italy file opposition to EU unitary patent (IP Watch)


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

Competing nations (IP Think Tank)

Why did WIPO endorse what looks like a flawed innovation index? (IAM)

Red carpet for the world ranking of innovation (IP tango)


Global – Copyright

The Puzzle of a muzzle: copyright, culture and censorship (JIPLP)



Australia and New Zealand move even closer to a single patent examination system (IP Whiteboard) (ipwars) (Patentology)

FCAFC unanimously reverses first instance decision in case concerning two innovation patents: Seafood Innovations Pty Ltd v Richard Bass Pty Ltd (Patentology) (ipwars) (IP Whiteboard)

FCA: No summary judgment on question of ‘best method’: Expo-Net Danmark A/S v Buono-Net Australia Pty Ltd (No 2) (Patentology)

New Cooperative Research Centre bids – 26 applications filed! (Patentology)



Testing, testing, 1,2,3 – INPI testing system to allow users to access granted letters patent (IP tango)



Trade-mark update: Masterpiece v. Alavida (Part 3) – when can an earlier common-law or unregistered mark can trump a later registered mark? (IPblog)



American Chamber of Commerce in China IP practice group infringes and converts an American company trademark in China (China Blawg)

China’s demonstration zone for IP financing and investment: something we can all copy? (IP finance)



Draft agreement on a Unified Patent Court and draft statute – Presidency text (EPLAW)

Spain, Italy file opposition to EU unitary patent (IP Watch)

UN body addresses problems with IP rights within Europe (IP Watch)

ECJ rules Elio Fiorucci can keep control of his own name: Edwin Co. Ltd v Office for Harmonisation in the Internal Market, Elio Fiorucci (Class 46) (IPKat)

Speedy ECJ puts the boot into Belgian public lending right : Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat (IPKat)

General Court: The car might zoom, but the mark limps along… Audi AG and Volkswagen AG v Office for Harmonisation in the Internal Market (TDI) (IPKat) (Class 46)

General Court finds likelihood of confusion for Brico Center marks for similar services (Class 46)

General Court confirms refusal of ReValue finding mark descriptive of services (Class 46)

General Court finds BETWIN descriptive for gambling services (Class 46)

OHIM Boards of Appeal: a descriptive collective trademark – BIODYNAMIC (Class 46)

Lack of clarity of granted claims in EPO opposition proceedings (Kluwer Patent Blog)



Kurian’s parting gift to the Trade Marks office – a CBI probe (Spicy IP)

Should High Courts continue to exercise writ jurisdiction over the IPAB? (Spicy India)

Tracking PPL’s New Year litigation – will it continue to repeat itself? (Spicy IP)



New PPH Pilot opens faster “highway” to U.S. patents for Israeli clean tech companies (Green Patent Blog)

Israel Court rules that ‘Dr Relax’ neither infringes Dr Gav nor Relaxon trademarks (IP Factor)

Contributory copyright infringement in Israel: Hebrew University of Jerusalem vs. Yaakov Cohen, the Labour Party and Schocken Publishing House (IP Factor)



Italy implements trade mark registration opposition procedure – almost! (IPKat)



District Court of The Hague: Patentee fails to establish presumption of manufacture via patented method: Utexbel v. A-Industries and De Staat der Nederlanden (EPLAW)



Colors per se and provisional refusals (Class 46)

Sfinks vs. Cleopatra (Class 46)



INPI – New fees for trade mark related acts (Class 46)



Uganda High Court considers when trade mark infringement & passing off actions prescribe: Vitafoam (U) Ltd. Vs. Euroflex Ltd (Afro-IP)


United Kingdom

Goodwill, badwill – read all about it! – demise of ‘News of the World’ (IPKat)

Summer surprise – British MPs to debate IP today (IPKat)

UK IPO litigation manual refreshed (PatLit)

Signalling, heuristics and accountability: British Brands Group’s annual lecture (IPKat)


United States

US General

ITC issues proposed rules and procedures for electronic filing (ITC 337 Law Blog)


US Patent Reform

Guest post by the Hon Paul Michel: Rein in the big bank bail-out – H.R. 1249 Section 18 (Patently-O) (Patently-O)

America Invents Act: Post-grant review and inter partes review (Maier & Maier)

US patent law reform has virtually arrived (Canada Patent Blog)


US Patents

Public Comments on USPTO’s proposals to streamline patent reexamination (Patents Post Grant Blog)

USPTO expands Patent Prosecution Highway (Patent Docs)

USPTO updates Patent Dashboard (Maier & Maier)

The PTO’s recent treatment of reexamination requests (WHDA)


US Patents – Decisions

CAFC: Two-way declaratory judgment: Court rejects ‘competing patent’ theory of jurisdiction: Creative Compounds v. Starmark Labs (Patently-O)

District Court Delaware: Past conduct that “shaped the market” and resulted in long-term customer loss is not irreparable harm warranting permanent injunction: LG Electronics USA v Whirlpool Corporation (Docket Report)

District Court New Jersey: Qualified response to RFA seeking admission that specified prior art was not disclosed during examination was appropriate: LG Electronics USA v Whirlpool Corporation (Docket Report)


US Patents – Lawsuits and strategic steps

Hyatt – Jump the shark patent style: Supremes take Kappos v Hyatt (Patent Law Practice Center)

NISTAC – Patent litigation as an alternative to patent auction – NISTAC files patent infringement complaint against Nissan, Toyota, Honda, others (IP finance)

Remy – ALJ Rogers grants motion to terminate investigation as to respondent Yun Sheng (U.S.A.) in Certain Starter Motors and Alternators (337-TA-755) (ITC Law Blog)

Samsung – ITC institutes investigation (337-TA-782) regarding Certain Liquid Crystal Display Devices (ITC Law Blog)

Thompson/Center Arms – ALJ Rogers denies motion to terminate investigation in Certain Muzzle-Loading Firearms (337-TA-777) (ITC Law Blog)

Wham-O – CAFC holds FLFMC v. Wham-O oral argument (GRAY on Claims)


US Copyright

You can’t copyright a hair style; world keeps spinning (Public Knowledge)

Significant progress on US legislative change to protect fashion designs (IP Osgoode)

USTR new exclusive right for copyright holders: Importation provision in the Trans Pacific Partnership Agreement (TPPA) (Knowledge Ecology International)

The role of copyright in fighting plagiarism (Part 2) (PlagiarismToday)


US Copyright – Decisions

8th Circuit: Adding a phrase or dimension to public domain work is copyright infringement: Warner Bros. Entertainment, Inc. v. X One X Productions (Copyright Litigation Blog)

1st Circuit: Attorneys fees and costs may far exceed damages in copyright infringement case: Spooner v EEN, Inc (Copyright Litigation Blog)


US Trade Marks – Decisions

TTAB non-shocker: Summary judgment denied as to fraud: Atlas Flowers, Inc. d/b/a Golden Flowers v. Golden Vision Flower Inc. (TTABlog)

WYHA? TTAB affirms mere descriptiveness refusal of STERNALVEST for sternal vests (TTABlog)

District Court C D California: The Mongols have their colors back (for real): U.S. v Cavozos (Property, intangible)

District Court S D New York: Numb Nuts, Part II: Olaes Enter., Inc. v. A.D. Sutton & Sons, Inc (Property, intangible)

District Court N D Illinois: Infringement claims against corporate officers require active participation: Free Green Can, LLC v. Green Recycling Enters., LLC (Chicago IP Litigation)


US Trade Marks – Lawsuits and strategic steps

Slep-Tone – Complaint alleges use of copied karaoke songs constitutes counterfeiting: Slep-Tone Entertainment Corp. v. Lady Luck Steakhouse & Saloon Inc (Seattle Trademark Lawyer)

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