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General Global Week in Review 11 October 2010 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:

Final ACTA draft ready for review (IAM) (IP Watch) (IP Watch) (Lenz)(IP Watch) (Knowledge Ecology International)

CAFC affirms TTAB: Chippendales’ ‘Cuffs & Collar’ mark not inherently distinctive: In re Chippendales USA, Inc (TTABlog) (Likelihood of Confusion) (Patently-O)

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

How reliable are your IP competitive intelligence tools? (IP Think Tank)

What the accounting department needs to know about Intellectual Property (IP Think Tank)

Best practices in valuing IP: an eye-witness account (IP finance)

The wonderful IP story of the ‘Post-It’ note (IPKat)

Global – Trade Marks / Brands

Grilled or fried? And what about the brand? (IPKat)

Plain packaging: is it legal, is it effective? (Class 46)

Global – Patents

New WIPO tool helps users search for patent applications relating to green technologies (IP Spotlight)

Patent data and innovation: Once again, so much and yet so little (IP finance) (IPBiz)

Global – Copyright

Final ACTA draft ready for review (IAM) (IP Watch) (IP Watch) (Lenz)(IP Watch) (Knowledge Ecology International) (Innovationpartners)

ACTA: the search for key issues (jiplp)

ACTA: first suggestions received (jiplp)

Copyright infringement is not theft (Spicy IP)

Notes on the October 7, 2010 USTR NGO briefing on ACTA (Knowledge Ecology International)

Senator Wyden asks for legal review of ACTA (Knowledge Ecology International)


No relief for razer pending decision on ‘licence to infringe’: Law v Razer Industries Pty Limited (Patentology)

Employed or not employed…that is the question: EdSonic Pty Ltd v Cassidy (IP Whiteboard)

Australia must invest in innovation, infrastructure, says OECD Economist (Patentology)

Changes to practice at the Australian Patent Office – 5 October 2010 (Mallesons) (IP Whiteboard)

Patents and ‘abusive’ divisionals (ipwars)


Azerbaijan signs up for Hague (Class 99)


Putting things straight – INPI speaks out (IP tango)


Skating on thin ice? Liability for direct and indirect infringement in Canada: Bauer Hockey Corp v Easton Sports Canada Inc (PatLit)

Intersections: Negotiating the spaces of Intellectual Property under the conditions of neoliberalism (IP Osgoode)

The ‘unconventionality’ of sound marks (IP Osgoode)

Trade-mark paperwork (IPblog)


China trademarks – the rules for Chinese (China Law Blog)

China to lead the world in patenting by 2011, new report states (IAM)

Swiss watches – 50% Chinese, 50% Swiss (IP Dragon)


European patent annuities (Inovia IP)

The Advocate General speaks, but not to some of us: DHL v Chronopost (IPKat)

European General Court finds Lego brick shape not eligible for trademark registration (IP Spotlight)

Court of Justice clarifies starting-date rules for restititio in integrum: Evets Corp v OHIM (Class 46)

VAT and EMI’s CD samples for pluggers: final ruling good news for recording companies – EMI Group Ltd v The Commissioners for Her Majesty’s Revenue & Customs (IP finance)

Pantelleria caper GI terms amended (Class 46)

Prleška tünka gets the GI treatment (Class 46)

Céline, c’est la vie – mais ce n’est pas le fin (IPKat)


Blow against counterfeiters in downtown Athens (Class 46)


The Bollywood amendments: a request for feedback (1709 Blog)

Section 107A(b) of the Patents Act: Does it really endorse international exhaustion? (Spicy IP) (Spicy IP) (Spicy IP) (Spicy IP)

Trademark dilution and trade names: Dispensing with ‘interim’ injunctions? (Spicy IP)

Eliminating ‘interim’ IP injunctions? (Spicy IP)

Whether a pre-grant patent caution notice is appropriate? (Spicy IP)


PCT Forum shopping – a trap for the unwary (IP Factor)

Latin America

Justifications of Copyright law – Honour and Reputation (IP tango)


Varna, Warna or Варна (Class 46)


TEFLON owners make infringement charges stick in Russia (Class 46)


Spanish civil war? SGAE takes aim at EXGAE (1709 Blog)


If you ever wanted to litigate a patent in Damascus, good news (PatLit)

United Kingdom

CLA open meeting 1 & 2: How international content creates value (1709 Blog) (1709 Blog)

CIPA greets Legal Ombudsman with a smile (IPKat)

Deadlines for filing UK trade mark oppositions: a concerned Cat writes (IPKat)

Aspinal tapped (Class 99)

Manual labours: Manual of patent practice updated (IPKat)

Why BBC stalled in race with The Stig (IPKat)

British inventiveness – fact or myth? Now we know, it’s a myth (IPKat)

United States

US General

Are you small, American, IP-ish and in business? If so, read on… (IPKat)

US Patents

Two-month warning for the USPTO Green Patent fast track (Green Patent Blog)

The Federal Circuit and inequitable conduct: Part I, 2 & 3 (Patently-O) (Patently-O) (Patently-O)

Why we don’t trust the patent office (Intellectual Property Directions)

Re-organisation of the US Patent Office (IPBiz)

The disconnect between the patent office and job creation (IPBiz)

USPTO Guest Blog – Visiting the USPTO (Director’s Forum)

USPTO preliminary examination report for FY2010 (Patently-O)

A patent granting milestone (Patently-O)

The standard for patent invalidity under the prospect theory (Patently-O)

Does GM now have a ‘pass’ to use IP from other car makers? – essay by Adam Mossoff (271 Patent Blog)

NPEs are a problem for a minority, not the majority (IAM)

US Patents – Decisions

Federal Circuit reverses Commission claim construction and finds claim obvious over prior art: Lucky Litter LLC v. ITC (not precedential) (Gray on Claims) (ITC 337 Update) (ITC Law Blog)

Argument of counsel cannot take the place of evidence: BPAI – Ex Parte Rhine (IPBiz)

US Patents – Lawsuits and strategic steps

A1 Tool – Court reconsiders supplemental jurisdiction to assert tort claims: Von Holdt v. A-1 Tool (Chicago IP Litigation Blog)

Sky Windpower – Court decision could bring windmill kite patent back down to earth (Green Patent Blog)

Lexmark – ITC institutes investigation (337-TA-740) regarding Certain Toner Cartridges and Components Thereof (ITC Law Blog)

US Copyright

Areas where the Oct 2, 2010 ACTA text is inconsistent with US law (Knowledge Ecology International)

US Copyright – Decisions

Ninth Circuit settles District Court split on copyright filing as a prerequisite to an infringement suit: Cosmetic Ideas, Inc. v. IAC/InteractiveCorp (IP Law Blog)

District Court C D California: Express’s plaid pain in summary judgment for Forever 21(IPKat)

US Trademarks

National Trademark Expo to be held 15 to 16 October, USPTO (Director’s Forum)

Has the Gap highlighted a Gap? (Afro-IP)

No kidding – a mark to get your goat! (IPKat)

US Trade Marks – Decisions

CAFC affirms TTAB: Chippendales’ ‘Cuffs & Collar’ mark not inherently distinctive: In re Chippendales USA, Inc (TTABlog) (Likelihood of Confusion) (Patently-O)

2nd Circuit: An invalid assignment isn’t incontestable: Federal Treasury Enter. Sojuzplodoimport v Spirits Int’l N.V (Property, intangible)

District Court N D Illinois: Proof of paying sales tax and tracking sales are not enough control for trademark licensing: Eva’s Bridal Ltd. v. Halanick Enters., Inc. (Chicago IP Litigation Blog)

WYHA? TTAB affirms 2(d) refusal of VICCINO’S & Design over IL VICINO for restaurant services (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Ansel Adams Publishing Trust – Ansel Adams and trademark fair use – Publishing Trust files suit to prevent Rick Norsigian from selling photos it claims were taken by Adams (IP Law Blog)

Hard Rock Cafe – Hard Rock Café trademark issues: not too happy about free publicity (Trademark Blog of the Trademark Lawyer’s Mind)

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