General Global Week in Review 14 December 2009 from IP Think Tank

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Highlights this week included:

Canadian recording industry faces $6 billion copyright infringement lawsuit (Michael Geist) (Ars Technica) (TorrentFreak) (Copyfight)

USPTO to accelerate examination of green technology patent applications (Anticipate This!) (IP Spotlight) (Maryland IP Law Blog) (The 271 Patent Blog) (Director’s Forum) (Filewrapper) (Managing IP) (IP Watch) (IPblog) (Innovation Partners) (

Peer to patent Australia: Launch of ground breaking patent project (IP: KCE) (ipwars) (Spicy IP) (IPKat)

British government clowning around with patents – but noone’s laughing – ‘New 10% tax on income from patents to boost science development’ (IPKat) (IAM)

Global – General

Don’t protect your ideas – thoughts on Seth Godin’s post (IP Think Tank)

Innovation games rock (IP Think Tank)

New WTO TRIPS special sessions stand-in chair (IP Watch)

Oxford task force to examine global knowledge governance (IP Watch)

Global – Trade Marks / Brands

IP5 launch website; trilateral offices meet on trade marks (IP Watch)

Global – Patents

Copenhagen climate conference and patents (IPEG)

IP issues may go to ‘Higher Political Level’ in Copenhagen amid difficulties (IP Watch)

USPTO and India’s DIPP sign memorandum of understanding (Patent Docs)

Global – Copyright

The ACTA timeline: Tracing the secret copyright treaty (Michael Geist)

False metaphors and sinking ships: Patry on copyright in Geneva (IP Watch)


Full Federal Court dismisses Mars’ appeal against Sweet Rewards concerning packaging of ‘Malt Balls’ product (IP Whiteboard)

FCA: What’s use of a trade mark in Australia?: Alcon Inc v Bausch & Lomb (Australia) Pty Ltd (ipwars)

FCA: Infringing a registered design?: Chiropedic Bedding Pty Ltd v Radburg Pty Ltd (ipwars)

Patent reforms II – IP Australia reports back on consultation (IP Whiteboard)

Peer to patent Australia: Launch of ground breaking patent project (IP: KCE) (ipwars) (Spicy IP) (IPKat)


Canadian recording industry faces $6 billion copyright infringement lawsuit (Michael Geist) (Ars Technica) (TorrentFreak) (Copyfight)

Canada to host ACTA meeting in 2010? (Michael Geist)

Canadian proposal for ACTA Secretariat (Excess Copyright)

Search engine on ACTA – future Canadian copyright policy (Michael Geist

Angus Op-Ed on ACTA (Michael Geist)

Universities and Colleges of Canada (‘AUCC’) and excess access copyright (Excess Copyright)

Transparency compared: FTAA vs ACTA (Michael Geist)

SOCAN & Sotto Voce retroactivity and pending litigation (Excess Copyright)

Vancouver buskers face SOCAN royalty demand (Michael Geist)

Copyright capitulation: solution to Canada/US trade issues? (Excess Copyright)

Why Buy American has nothing to do with Canadian copyright reform (Blayne Haggart’s Orangespace)

Additional evidence and relevant dates on trade mark appeals: Advance Magazine Publishers, Inc v Wise Gourmet, Inc (Canadian Trademark Blog)


Use of Skoda as a keyword: infringement issue ‘unclear’, says Danish Court (Class 46)

‘Global’ infringer sent to jail (Class 46)


Europe moves toward European patents and European Patent Court (Patently-O) ( (Managing IP)

New EPO presidency vote set for February as Brimelow deplores lack of transparency (IAM)

Administrative Council fails to determine new EPO President ( (IAM) (EPO)

Danish candidate pulls out of the race for EPO President position (Managing IP) (Innovation Partners)

ECJ: Bavaria and Bayerisches Bier may co-exist: Bavaria NV and Bavaria Italia Srl v Bayerischer Brauerbund eV (JIPLP)

ECJ: Jaguar implicated in ECJ mystery: Handelsmaatschappij J. van Hilst and Others v The Jaguar Collection Limited and Others (IPKat)

General Court: opposition and revocation proceedings are independent of each other: Stella Kunststofftechnik v OHMI – Stella Pack (Stella) (Class 46)

General Court: (Almost) anyone v Iranian Tobacco Co was possible: Iranian Tobacco v OHMI – AD Bulgartabac (Bahman) (Class 46)


India’s first Innovation Czar and the creation of an innovation eco-system (Spicy IP)

The Trademarks (Amendment) Bill 2009 – implementing the Madrid protocol (SpicyIP)

Publicy rights: Sourav Ganguly v Tata Tea (Spicy IP)


Judicial review officer at Israel patent office shows leniency to non-represented patent opposer (IP Factor)

Israel District Court refuses to hear parallel importing case concurrently with customs authority and awards expenses against plaintiff: Imperiat Toys Ltd. vs. Diamant Toys Ltd and Asher Diamant (IP Factor)


Italy boosts contribution to WIPO (WIPO)

New Zealand

New Zealand coalition forms to fight ACTA (Michael Geist)

South Africa

Afrikaans TV channel kykNET alleging traditional infringement s34(1)(a) by Teazers (Afro-IP)


Barcelona Court cites EPO decisions for the first time (PatLit)

Leo Messi, from world player number one to brand (Class 46)


Federal Administrative Court: SINO is for China (Class 46)

United Kingdom

Design protection as an incentive? Not to be taken lightly (Class 99)

British government clowning around with patents – but noone’s laughing – ‘New 10% tax on income from patents to boost science development’ (IPKat) (IAM)

It’s certainly not contaminated by cheese: Illegal to make Stilton cheese in Stilton (Trademark Blog)

United States
US General

US Government Accountability Office reviews US overseas IP Attaches (IP Watch)

ITC gets the thumbs up – Patent World article (PatLit)

US Patent Reform

The ‘Matrix’ for first-inventor-to-file: An experimental investigation into proposed changes in US patent law (Patently-O)

First-to-file versus first-inventor-to-file – potential legislative change to US patent law that would largely eliminate any consideration of pre-filing invention evidence (Patently-O)

Senator Leahy: ‘Time is now’ for patent reform (Patent Docs)

US Patents

USPTO to accelerate examination of green technology patent applications (Anticipate This!) (IP Spotlight) (Maryland IP Law Blog) (The 271 Patent Blog) (Director’s Forum) (Filewrapper) (Managing IP) (IP Watch) (IPblog) (Innovation Partners) (

USPTO issues notice to remove claims and continuations rule changes for CFR (Patent Docs)

The quality of issued US patents is no longer declining, says Kappos (IAM)

Bilski v Kappos: the end of the ‘Machine or Transformation Test’? (China Law Insight)

USPTO launches patent quality improvement initiative (The 271 Patent Blog)

US Patents – Decisions

CAFC uses KSR’s ‘common sense’ test to affirm invalidity: Perfect Web Technologies Inc v InfoUSA Inc (Inventive Step)

CAFC reverses decision: is there any limit left on declaratory judgment jurisdiction? Hewlett-Packard Co. v Acceleron LLC (Inventive Step) (IP Spotlight)

District Court S D California.: Evidence relating to re-examination proceedings excluded from trial: Presidio Components Inc., v. American Technical Ceramics Corp (The 271 Patent Blog)

ITC decides not to review initial determination terminating investigation relating to certain light emitting diode chips brought in response to a complaint by Gertrude Neumark Rothschild (337-TA-674) (ITC Law Blog) (ITC Law Blog)

US Patents – Lawsuits and strategic steps

Analog – Analog Devices files new 337 complaint regarding certain service Mount MEMS microphones (ITC Law Blog)

Global Findability – Patents and the movie industry: stopping Nicholas Cage – patent infringement complaint against Summit Entertainment in connection with their creation and distribution of film ‘Knowing’ (Patently-O)

Lincoln Electric Company – ALJ Rogers grants motion to strike Sidergas’ inequitable conduct defense in certain bulk welding wire containers (337-TA-686) (ITC Law Blog)

Nichia – New LED litigation lights up Marshall, Texas: Nichia Sues Jiawei While Phillips, Osram and VW Play Defense (Green Patent Blog)

Richtek – Richtek files new 337 complaint regarding certain DC-DC controllers (ITC Law Blog)

Ripmax – Ripmax appeals from order and judgment confirming jury verdict of invalidity as anticipated and obviousness: Horizon Hobby v. Ripmax (PATracer)

Samsung Electronics – Samsung files new 337 complaint regarding certain liquid crystal display devices (ITC Law Blog)

US Copyright

Design law: protecting copyrighted designs: Design Ideas v. Things Remembered (Patently-O)

US Copyright – Decisions

Ninth Circuit rules that Bratz maker MGA Entertainment can continue selling its dolls despite having lost copyright infringement suit last year: MGA Entertainment v Mattel (IPKat)

US Copyright – Lawsuits and strategic steps

Beyonce – Destiny’s Child and Beyonce settle Cater 2 U copyright dispute: Allen v Destiny’s Child (Chicago IP Litigation Blog) (Chicago IP Litigation Blog)

US Trade Marks – Decisions

District Court S D New York: Burberry awarded $4 million in statutory damages: Burberry Limited v Euro Moda Inc, Moda Oggi Inc and John Fanning (Trademark Blog)

District Court S D Indiana: Everyone owns the mark, so no one may use it: LunaTrex, LLC v. Cafasso(Property, intangible)

US District Court of New York: Seemingly impossible motion to dismiss re genericness allegation against registered mark: Inc v Les Parfums Inc (Trademark Blog)

District Court Maryland finds MENSA trademark famous after all: American Mensa, Ltd. v. Inpharmatica, Ltd. et al. (Maryland IP Law Blog)

District Court W D Washington finds trade mark claims had enough merit to avoid fees award: Atlas Equipment Co., LLC v. Weir Slurry Group, Inc. (Seattle Trademark Lawyer)

Second circuit once again remands “Mr Charbucks” dilution decision: Wolfe’s Borough Coffee, Inc’s Mr Charbucks v Starbuck’s Corp. (Seattle Trademark Lawyer) (IPKat)

Larry Flynt wins his federal trade mark dispute infringement trial against his nephews: (IPKat)

TTAB: VINTAGE PINK not merely descriptive of jewelry and clothing: In re Ashley O’Rourke (not precedential) (TTABlog)

TTAB rejects another insufficiently pleaded fraud claim: E. & J. Gallo Winery v Quala S.A. (not precedential) (TTABlog)

TTAB: Applying Wella, TTAB reverses 12 out of 16 section 2(d) refusals: In re Federal Express Corporation (not precedential) (TTABlog)

TTAB deems EVITAMINS merely descriptive of online vitamin services, but not generic: In re Twins Associates, LC dba EVitamins (not precedential) (TTABlog)

TTAB: ORCHARD CREAM VANILLA merely descriptive of snowball flavour concentrate: Southern Snow Manufacturing, Inc v Snowizard Holdings, Inc (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Chicago Bears Football Club – Chicago Bulls oppose PAPA BEAR for clothing, football equipment: Chicago Bears Football Club, Inc and NFL Properties LLC v Papa Bears Enterprises, Inc (TTABlog)

LA/Anaheim Angels – LA/Anaheim Angels oppose IBIZA ANGELS & Des for clothing, beauty care: Angels Baseball LLP v Ibiza Angels Limited (TTABlog)

Le Roy family – Tavern on the Green restaurant brand name worth $19 million (Product Naming Blog)

Mars – Candy bar giant Mars is suing Hershey for copyright and trade dress infringement over commercials for Hershey’s Bliss chocolate: Mars v Hershey (IPKat)

New York Yankees – NY Yankees oppose NEW YORK EST. 1625 for clothing: New York Yankees Partnership v Elidan Corp. (TTABlog)

Pittsburgh Pirates – Pittsburgh Pirates oppose WHITWORTH PIRATES for clothing: Pittsburgh Associates v Whitworth University (TTABlog)


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