General Global Week in Review 12 October 2009 from IP Think Tank

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Highlights this week included:

Secretary Locke pushes for action on patent reform, increase in PTO fees (Inventive Step) (IAM) (Patent Docs) (Patently-O)

Apple picks Woolworths in trade mark dispute (Australian Trade Marks) (Trademark Blog) (IPKat) (Seattle TM Lawyer)

Global – General

Intellectual property Nirvana (IP Think Tank Blog)


Apple picks Woolworths in trade mark dispute (Australian Trade Marks) (Trademark Blog) (IPKat) (Seattle TM Lawyer)


Brazil passes its Olympic Act (IP tango)

Rio 2016, the great triumph… and ambush marketing (IP tango)


Canada fast-tracks patents with Denmark, Japan and Korea (Managing IP)

Enhanced IP protection in the event of licensor bankruptcy – amendments to Canada’s Bankruptcy and Insolvency Act and Companies’ Creditors Arrangements Act (IP Frontline)

On CRTC, Kindle, Copyright Board, copyright and controversy (Excess Copyright)

CRTC calls for expanded copying for private use (Michael Geist)

Confused by nuclear reactor marketers? Federal Court decision in trade mark infringement case Atomic Energy of Canada Limited v Areva NP Canada Ltd and Société des Participations du Commissariat à L’énergie Atomique (Excess Copyright)


ECJ decision in PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH trade marl case: Austria is as significant as bits of Benelux (IPKat)

Flugbörse appeal flies off to the ECJ (Class 46)

Yet another revised proposal for a Council regulation on the Community patent (BLOG@IPJUR.COM)

CFI rules on distinctiveness of small vertical stroke in half smile sign – stroke does not make Smiley Company happy (Class 46)


French trade mark TEXTO, for service in Class 38 cancelled following Cour d’appel de Paris decision (IPKat)


Amendment of the rules regarding time-bar for unfair competition claims (Class 46)


Company names and trade marks in the Russian Federation (Class 46)

South Africa
FIFA v Metcash judgment (Afro-IP)

No mosaic rule in patent cancellation actions (PatLit)


It’s faster by CTM, but should it be? (IPKat

United Kingdom

UK: The latest registration initiatives by the EPO (Class 46)

Community Trade Marks and Design Ltd condemned for misleading the public (Class 46)

Accidental GB designation causes problems – Orkli (UK) Limited (IPKat)

United States
US Patent Reform

Secretary Locke pushes for action on patent reform, increase in PTO fees (Inventive Step) (IAM) (Patent Docs) (Patently-O)

USPTO proposes change to examiner count system (Maier & Maier)

David Kappos, Director USPTO, rescinds controversial patent regulations package (BLOG@IPJUR.COM) (Managing IP)

Kappos drops out of the chopper shooting (Inventive Step)

Federal Circuit Chief speaks on patent reform (IP Frontline)

US Patents

Pragmatic Kappos bring USPTO claims and continuations litigation to an end (IAM) (271 Patent Blog)

Summary of local patent rules affecting claim construction practice (Part 5 of 6) (GRAY On Claims)

Expanding first action interview pilot program (Patently-O) (271 Patent Blog)

US Patents – Decisions

District Court Delaware dismisses case for lack of standing – recording it doesn’t make it so: Huntley, L.L.C. v. Monterey Mushrooms Inc. (Property, intangible)

US Patents – Lawsuits and strategic steps

Toyota – ITC institutes investigation regarding certain hybrid electric vehicles following complaint by Paice (ITC)

Bilski – In re Bilski: Supreme Court takes on business method patents (Electronic Frontier Foundation)

US Copyright – Decisions

District Court S D New York: What an objectively unreasonable copyright suit looks like: Michael Porto v John G Koeltl (Trademark Blog)

US Copyright – Lawsuits and strategic steps

Omega – Supreme Court indicates interest in international exhaustion case: Costco Wholesale Corp v Omega SA (Patently-O)

US Trademarks

Who owns the TAVERN ON THE GREEN trademark? (Trademark Blog) (Property, intangible)

US Trade Marks – Decisions

Pennsylvania Supreme Court overturns State anti-counterfeiting law: Commonwealth of Pennsylvania v Omar (IP Spotlight

Precedential no. 39: TTAB reverses 2(d) refusal of VOLTA for caffeine-laced vodka: In re White Rock Distilleries, Inc (TTABlog)

Test your TTAB eye-ball ability on two triangle design marks for clothing: L.A. Gear, Inc. v. Calcados Ferracini Ltda. (not precedential) (The TTABlog)

US Trade Marks – Lawsuits and strategic steps

SpongeTech Delivery Systems – SpongeTech  sues another company called SpongeTech (Trademark Blog)

Union of Orthodox Jewish Congregations of America  – Lukes Oil convenience stores sued by Union of Orthodox Jewish Congregations of America after failing to remove OU Kashruth symbol from its logo (IP Factor)

US Olympics Committee – USOC strikes again, this time against Olympia’s Newspaper (Michael Atkins)


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