General Global Week in Review 12 Sept 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:

Senate passes HR 1249 (Intellectual Property Directions) (IPBiz) (Patent Docs) (IAM) (Patently-O) ( (Inventive Step) (Patents Post-Grant) (Maryland Intellectual Property Law Blog) (Patent Law Practice Center)

“Washington Declaration” demands return of public interest in IP rights (IP Watch) (Michael Geist) (1709 Copyright Blog) (TechnoLlama)

EU: Copyright term extension for sound recordings back on the agenda (1709 Copyright Blog) (IPKat) (Creative Commons) (Out-Law)

G 2/10 – EPO EBoA decides on disclaimers for disclosed embodiments (EPLAW) (IPKat) (Kluwer Patent Blog)


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

Can you win your IP wars? (IP Think Tank)

What BP knew and then forgot about the power and importance of intangible assets (IAM)

“Washington Declaration” demands return of public interest in IP rights (IP Watch) (Michael Geist) (1709 Copyright Blog) (TechnoLlama)

Wikileak cables mentioning “Special 301” (KEI)


Global – Trade Marks / Brands

New Nice: does anyone know? (Class 46)


Global – Patents

Patent troll myths (Patently-O)

Patent filing: Let’s change the game plan – to a no-games plan (IP Directions)

Foreign filing licenses at ten minutes to midnight (IPKat)

Close-up on the current patent monetization landscape (IP finance)

Norway has oil, Holland has water – patent strategy at government and university levels (IPEG)

Patent musings – who invented that? (Patenthink)


Global – Copyright

UK Consultation on limitations and exceptions for persons with print disabilities under discussion at WIPO (KEI)

Public performance of a work: Two may be company, but can one be a crowd? (1709 Copyright Blog)

Still a long way to go for Anti-Counterfeiting Trade Agreement (IP Watch)



Same name, dress alike, sings alike? – Chilean singer, Americo, not impressed by impersonation – civil action planned (IP tango)



Brazil target by Taylor Wessing – will others follow? (IP tango)



Chilean winery ‘Concha y Toro’ chosen as most admired brand in the world of wine in its ranking (IP tango)



What is the best mode for the best mode disclosure requirement? (IP Dragon)

China, IP enforcement, trade fairs and trade marks (IPKat)



A spicy note for Gandhi’s case – Gandhi trade mark opposition filed in Ecuador (IP tango) (Spicy IP)



G 2/10 – EPO EBoA decides on disclaimers for disclosed embodiments (EPLAW) (IPKat) (Kluwer Patent Blog)

J 25/10 – EPO Legal Board of Appeal: Refund of the examination fee after withdrawal of the application, restrictive practice of the EPO overruled (EPLAW)

G1/11: an new referral, but don’t get excited (IPKat)

General Court: No likelihood of confusion between ‘Metro’ and ‘Metronia’ marks: T-525/09 (Class 46)

General Court: BHG lacks distinctive character: T-524/09 (Class 46)

Copyright term extension for sound recordings back on the agenda (1709 Copyright Blog) (IPKat) (Creative Commons) (Out-Law)

Directors’ rights: the AG speaks… but not in English – C-277/10 Martin Luksan v Petrus van der Let (1709 Copyright Blog)

Making an exhibition of oneself: trade fairs and injunctive relief (IPKat)



La vie en rouge – Part 1 – Court of Appeal of Paris annuls red shoe sole trademark for “lack of clarity, precision, accessibility, intelligibility and objectivity” (Class 46)



Federal Patent Court headnote on SCORPIONS decision re use of well-known band name on merchandise clothing (Class 46)

ZAPPA CTM dispute between Zappa Family Trust and fans to continue before Federal Supreme Court (IPKat)



Kellogg’s toucan is not a wren – the battle of logos (IP tango)



If for some inexplicable reason you want to file a PCT application in Hebrew, where can you file? (America-Israel Patent Law)

Parallel importing of Lego into Israel – IP infringement or fair trading? (The IP Factor)



Macedonia’s civil procedure amendments: how will they affect patents? (PatLit)



District Court of The Hague: Visual impact of TUCs packaging trade marks – victory for General Biscuits in their dispute with Hoppe Food Group (Class 46)



Nigeria, UK to cooperate on copyright issues – but exactly how? (Afro-IP)



Lacoste asks police to prevent mass killer Anders Breivik from wearing their brand in court (IPKat)


South Africa

Insuring against disparagement? – Santam v Dial Direct (Afro-IP)


South East Asia

Landlord liability in SE Asia (IP Komodo)



Federal Supreme Court: Restrictive practice regarding shape marks also applies to packaging (Class 46)



The Taiwanese will be creating a patent acquisition fund after all. Hmmmm …. (IAM)


United Kingdom

EWHC (Admin) holds defendant’s acquisition of illegally copied audio files would constitute an offence under s. 329 of the Proceeds of Crime Act 2002: Sitek v Circuit Court of Swidnica (1709 Copyright Blog)

IPO – Original Bucks Fizz members lose trade mark battle over name (Out-Law) (IPKat)

Should the UK facilitate online filing of registered design applications? – poll results (Class 99)

PCC Page 38: Has the Robot Octopus lost control? (PatLit)


United States

US General

Book Review: Great Again: Revitalizing America’s Entrepreneurial Leadership (IP Think Tank)

US Chamber urges more IP protection as job booster; tech supporters disagree (IP Watch)

America needs the Korea-US FTA: Politics trap trade pack – Star Tribune (Korean Law Blog)

IP & anti-trust issues: Licensing restrictions (Patent Baristas)


US Patent Reform

Reaction to Senate passage of H R 1249 (Patent Docs) (Patently-O) (Patently-O)

Senate passes HR 1249 (Intellectual Property Directions) (IPBiz) (Patent Docs) (IAM) (Patently-O) ( (Inventive Step) (Patents Post-Grant) (Maryland Intellectual Property Law Blog) (Patent Law Practice Center)

Patent reform – amendments fail (Patently-O)

US patent reform passes, simplifying life for foreign applicants (Patentology)

4 key provision of the patent reform act for patent litigators (Chicago Intellectual Property Law Blog)

First change: 15% fee increase (Patently-O)

Some immediate events that happen when HR 1249 is signed (IPBiz) (IP Spotlight)

“The dog ate my homework” component of Patent Reform (HR 1249) (IPBiz) (Patent Baristas)

US Business & Industry Council (USBIC) briefing on America Invents Act (Patent Baristas)

Patent reform passage appears imminent (Inventive Step) (Patently-O)

Last ditch effort to jettison “The Dog Ate My Homework Act” from the America Invents Act fails (FDA Law Blog)

The effects of the America Invents Act on technological disclosure (Patently-O)

The Elevated Inter Partes Reexamination Threshold of Leahy-Smith: A Boon To Requesters (GRAY on Claims)

Senate to hold vote on final passage of HR 1249 (Patents Post-Grant)

Senate votes to invoke cloture on H.R. 1249 (Patent Docs) (Patent Baristas) (IP Watch) (Patents Post-Grant) (Anticipate This!) (Patent Law Practice Center) (Inventive Step)

Patent reform legislation set to become law, but will make few meaningful changes (EFF)

Senate Cloture Vote on H.R. 1249 Scheduled for Tuesday (Patent Docs) (Inventive Step)

Some hope for patent reforms (Patently-O)

Patent reform 2011 survey results (Patently-O)

Patent reform: the final countdown (Patents Post-Grant)


US Patents

Did the Connell case create a bright line rule that was affirmed in i4i? (IPBiz)


US Patents – Decisions

CAFC reverses DNH in Markem-Imaje Corporation v Zipher; Newman partially dissents (IPBiz)

District Court Nevada: Plaintiff need not produce licenses involving unasserted patents where licenses involving patents-in-suit have been produced: Bally Technologies, Inc. v. Business Intelligence Systems Solutions, Inc. (Docket Report)

District Court C D California: Term ‘patent troll’ is ‘commonly used and understood in patent litigation’ and need not be stricken from pleadings: Highland Plastics v Sorenson Research & Development (Docket Report) (Docket Report)

District Court N D Illinois: Situs of material events in false marking cases is where marking occurred: Simonian v Maybelline (Chicago Intellectual Property Law Blog)

ITC terminates investigation and issues limited exclusion order and cease and desist order in Certain Birthing Simulators (337-TA-759) (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

Koninklijke Philips – Requests against three Philips’ green LED patents among those filed week of August 29, 2011 (WHDA)

Litepanels – ITC institutes investigation (337-TA-804) regarding Certain LED Photographic Lighting Devices (ITC 337 Law Blog)

TransData – TransData files patent infringement suits against Alabama, Georgia and Mississippi utilities over antenna and wireless communication devices for use with electric meters (Green Patent Blog)


US Copyright – Decisions

District Court N D Illinois: Kanye West’s “Stronger” did not infringe based upon “fragmented literal similarity”: Peters p/k/a Vince P. v Kanye West (Chicago Intellectual Property Law Blog)


US Copyright – Lawsuits and strategic steps

JohnWiley & Sons – More scrutiny for first sale – Kirtsaeng seeks en banc rehearing in the 2nd Circuit (1709 Copyright Blog)


US Trademarks

TTABlog query: What’s the remedy when a party proves lack of bona fide intent? (TTABlog)


US Trade Marks – Decisions

District Court C D California denies Madonna’s motion for summary judgment in L A Triumph v Madonna concerning use of ‘Material Girl’ brand (IP Whiteboard)

BEND SPORT COUTURE confusingly similar to BENDY and BENDYGIRL for clothing, says TTAB, contingently (TTABlog)

Test your TTAB judge-ability on this “KICK ASS” 2(d) coffee opposition (TTABlog)

Test your TTAB judge-ability on 2(d) refusals: In re Summit Entertainment, LLC; The LETCO Group, LLC; In re Bioenergy, Inc.; and In re Darryl F. White (TTABlog)

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