General Global Week in Review 14 June 2010 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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Highlights this week included:

CAFC: Defendant may defeat false patent marking claim by showing no intent to deceive: Pequignot v Solo Cup Company (IP Spotlight) (Patently-O) (GRAY on Claims) (Florida IP) (Inventive Step)

Anticipation building: The long wait for Bilski (Maier & Maier) (271 Patent Blog) (12:01 Tuesday) (Maier & Maier) (271 Patent Blog)

India comes out swinging against ACTA at WTO (Michael Geist) (Spicy IP) (KEI)

Yoga Asanas soon to be protected by the TKDL  (Spicy IP) (IPKat) (Tangible IP)

Global – General

Questions arise on value of GIs for poor countries; Register stuck at WTO (IP Watch)

So, who made this year’s guide to the world’s leading IP strategists? (IAM)

Public gets a taste of WIPO, policy debate on IP and environment (IP Watch)

Valuation of intellectual property: Moving beyond the paradox (ipeg)

Knowledge-building, strong national policies essential for development, authors say (IP Watch)

Measure the correct intangible asset value streams (Business IP and Intangible Asset Blog)

The knowledge-based economy, intangible assets, and company culture… (Business IP and Intangible Asset Blog) (Business IP and Intangible Asset Blog)

Organizational resilience planning and management must include intangible assets! (Business IP and Intangible Asset Blog)

Global – Patents

Overconfidence leads to innovation (IPKat)

Should I get a patent on my invention? (BlawgIT)

The importance of establishing early ownership of inventions (Patentology)

Are patent statutes unnecessarily complex? (Patentology)

Background, foreground and sideground IP; Whence, what and why? (IPKat)

UNCTAD Chief: Economic recovery will revive Doha talks (IP Watch)

USPTO multi-track examination proposal & non-US applicants (Patentology)

Global – Copyright

ACTA: the fact controller speaks (IPKat)

India comes out swinging against ACTA at WTO (Michael Geist) (Spicy IP) (KEI)

ACTA mistrust intensifies – India and China come together (Spicy IP) (Michael Geist)

Performance Rights Act might shut down some radio stations (Ars Technica)


Albanian scrutiny of IP licences: will the burden be lifted? (IP finance)


Armenia proposes to get tough with infringers (1709 Blog)


Peer-to-patent Australia (ipwars) (IPKat)

Australian Senator Kate Lundy on ACTA (Michael Geist)

Ramficiations of IceTV – no copyright in medical records – Primary Health Care Limited v Commissioner of Taxation (

The onus on appeal from a trade mark opposition: Food Channel Network Pty Ltd v Television Food Network GP (ipwars)

2003 Designs Act appeal: Keller v LED Technologies Pty Ltd (ipwars)

Tobacco and trade marks seminars – the video (ipwars)


Brazil v USA – a draw? (IP tango)

Is football in Brazil a sport or a religion? None of them: It is a serious and profitable business (IP tango)

Brazil foresees a new Code of Civil Procedure (IP tango)


Copyright reform in Canada (IPblog)

Pernicious permissions policies in Canada (Excess Copyright)

Assessing Canada’s new Copyright Bill: The video (Michael Geist)

Canadian lawyers launch class action lawsuit against Thomson Reuters for copyright infringement (IP Osgoode)

What’s your poison? Liquor Control Board of Ontario (LCBO) refuses to sell Dan Ackroyd’s Crystal Head brand vodka (Patent Librarian’s Notebook)

Costa Rica

Costa Rica: taking advantage of Trade Agreements (IP tango)


The EU patent and the Treaty on the Functioning of the European Union – TFEU (IP:JUR)

Proceedings of the Court of Justice of the European Union on EU Patent (IP:JUR)

New ECLA codes for green technologies (Patent Librarian’s Notebook)

Demystifying the European validation process (Inovia IP)

FTA between the EU and Colombia-Peru, still a hot topic (IP tango)

Guide to geographical indications: Linking products and their origins (Class 46) (Class 46)

EPO sees double patenting (Patent Baristas)


Mr Bruno van Pottelsberghe de la Potterie – paper on ‘The Quality Factor in Patent Systems’ (IP:JUR)

Paris Court of Appeal rules on London Protocol application to European patents (EPLAW)


Article on the ‘demise’ of strong brands in Germany (Class 46)

Commerzbank ruling now in English: Commerzbank v Deutsche Börse AG (Class 46)


Issues of bad faith in a puzzling dispute decided by the Greek Council of State (Class 46)


Yoga Asanas soon to be protected by the TKDL  (Spicy IP) (IPKat) (Tangible IP)

India’s intervention to the WTO TRIPS Council: TRIPS plus enforcement trends (Knowledge Ecology International)

Indian ‘Bayh Dole’ Amendments: A historic moment in Indian IP policy making (Spicy IP)

Madras HC dismisses Tirupati laddu PIL (Spicy IP)

What’s behind the shuffle in the Indian Trade Mark Office? (IPKat)

Eroding IP exhaustion through conditional sales? (Spicy IP)

R.I.P. the doctrine of first sale & privity in contract – The tale of the publishing industry & the Delhi High Court: John Wiley & Sons & Ors. v. Prabhat Chander Kumar Jain & Ors.; John Wiley & Sons v. International Book Stores & Ors. (Spicy IP)


Seller of fake detergents gets fine and jail sentence (IP Factor)

Copyright and contract law in Jewish law – moot court (IP Factor)

Competing marks – with Pini in the courtyard (IP Factor)


‘Made in Italy’ but is this law lawful? (Class 46)

Zero tolerance Summer in Italy for buyers of fake designer goods (Class 46)

Spressa delle Giudicarie gets a little fatter (Class 46)


The patent past of Japan’s new PM (IAM)

New Zealand

The New Zealand tortoise: should we nip it in the bud? – slow progress of NZ patent reform (PatLit)


District Court The Hague – Ex parte decision against in extended wear contact lens patent dispute: Novartis v. (EPLAW)


Polish Post’s problems (Class 46)


New Rwanda IP policy taps information for development (IP Watch) (Afro-IP)

South Africa

Flagitis (Afro-IP)

Counterfeit contagion and the Gordian knot (Afro-IP)

FIFA, Vuvuzelas and Facebook: The global trophy of IP protection (IP Watch)


Whatever happened to the Pirate Party? (IAM)

United Kingdom

Coexistence and the Omega saga: Omega Engineering Inc v Omega SA and others (IPKat)

When picking a vaccum cleaner design, watch for the sucker punch… Numatic International Ltd v Qualtex UK Ltd (IPKat)

Ex-MTV executive a suspect in promo and piracy case (TorrentFreak)

UK IP Office – new database of fast-tracked green inventions, designed to help the development of environmentally-friendly technology, launched (IPKat) (IPKat)

Reader’s queries: UK’s somewhat complex and convoluted unregistered design legislation (Class 99)

Nice reference as CIPA plans to entertain (IPKat)

United States

US Patent Reform

USPTO proposes to establish three patent processing tracks (Anticipate This!) (Patently-O) (Inventive Step)

Commissioner Kappos on improving patent reexaminations (Article One Partners) (Maier & Maier)

Innovation is sprouting in US Patent Office: A plea for flexibility from patent practitioners and interested parties to allow the necessary changes (IP Asset Maximizer Blog)

US Patents

Dr Seuss and the USPTO Application Exchange Programme (IPKat)

Anticipation building: The long wait for Bilski (Maier & Maier) (271 Patent Blog) (12:01 Tuesday) (Maier & Maier) (271 Patent Blog)

US compulsory licensing of medical inventions as a limit on remedies under eBay v MercExchange (Knowledge Ecology International)

Qui Tam marking suits continue: McNamara v. Country Life, LLC et. al.; McNamara v. Natural Organics, Inc. et. al.; McNamara v. Vitamin Shoppe, Inc.; McNamara v. Elizabeth Arden, Inc. (Maier & Maier)

US Patents – Decisions

CAFC: Defendant may defeat false patent marking claim by showing no intent to deceive: Pequignot v Solo Cup Company (IP Spotlight) (Patently-O) (GRAY on Claims) (Florida IP) (Inventive Step)

Two Strykes and you’re out – Fed. Cir. reverses on obviousness, and orders reassignment to new Judge: TriMed, Inc. v. Stryker Corp (271 Patent Blog)

CAFC: Court will not correct claim drafting error to avoid ‘absurdity’: Haemonetics, Corp. v. Baxter Healthcare Corp (271 Patent Blog) (Patently-O)

District Court N D Illinois: Summary judgment arguments not made originally not reclaimable: Wm. Wrigley Jr. Company v. Cadbury Adams USA LLC (Chicago IP Litigation Blog)

State Tort claim preempted by patent claim where pleading of bad faith did not meet Iqbal standards: Viskase Companies, Inc. v. World Pac Int’l AG (Chicago IP Litigation Blog) (Chicago IP Litigation Blog)

District Court N D Georgia: ITC deterimination of invalidity does not relieve obligations under earlier settlement and consent decree admitting validity of patent: Tillotson Corp. v. The Safety Zone (Docket Report)

US Patents – Lawsuits and strategic steps

Batesville – Batesville files new 337 complaint regarding certain caskets against Ataudes Aguilares (ITC Law Blog)

LG – ALJ Gildea Grants LG motion for summary determination that it satisfied the economic prong of the domestic industry requirement in certain video displays (337-TA-687) (ITC Law Blog)

Magotteaux – ITC issues opinion supporting award of attorneys fees to Magotteaux but reducing amount in certain composite wear components (337-TA-644) (ITC Law Blog)

McCabe, Geoffrey – ALJ Bullock grants joint motion by G McCabe, Floyd Rose and Davitt & Hanser Music to terminate investigation as to certain respondents in certain stringed musical instruments (337-TA-708) (ITC Law Blog)

Mitsubishi – In wind patent war, Mitsubishi fires back at GE with antitrust and patent infringement suits (Green Patent Blog)

Radiodetection – Radiodetection files new 337 complaint regarding certain underground cable and pipe locators against Vivax-Metrotech, SebaKMT and Leidi Utility Supply (ITC Law Blog)

Samsung – ALJ Gildea denies Samsung Electro-Mechanics’ motion for summary determination of invalidity in certain ceramic capacitors (337-TA-692) (ITC Law Blog)

TiVo – Update on the TiVo litigation: Two of TiVo’s claims struck down upon reexamination (Maier & Maier)

US Copyright

Synchronizing art to a sound recording: do financial incentives demotivate creativity and problem solving? (Copyright Litigation Blog)

Fair use Friday: Exploiting the Mona Lisa (Copyright Litigation Blog)

US Copyright – Decisions

Ninth Circuit: Listen to us debate the first sale doctrine (and an obsure postal statute): UMG Recordings, Inc. v. Augusto (Copyrights & Campaigns)

Ninth Circuit: Bypasses Rule 11 safe harbors whacks attorney for $258,000: Lahiri v. Universal Music and Video (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Rush – Intra-libertarian IP war – Band battles Senate candidate over use of music: Rush v Rand Paul (Copyrights & Campaigns)

US Trademarks

Fraud and lack of Bona Fide intent: Some thoughts on remedies: Meckatzer Löwenbräu Benedikt Weiß KG v. White Gold, LLC; The Saul Zaentz Company dba Tolkien Enterprises v. Joseph M. Bumb (TTABlog)

US Trade Marks – Decisions

TTAB precedential no. 20: Per Rule 2.107(b), TTAB denies motion to amend Madrid opposition: O.C. Seacrets, Inc. v. Hotelplan Italia S.p.A. (TTABlog)

TTAB affirms disclaimer requirement of VILLAGE in HEALTH VILLAGE mark for real estate services (TTABlog)

TTAB finds THREE-STRAND FLOSS generic for … guess what? Weeks Dye Works, Inc. v. Valdani, Inc. (TTABlog)

Finding lack of bona fide intent, TTAB sustains MIDDLE EARTH JEWELRY oppositions: The Saul Zaentz Company dba Tolkien Enterprises v. Joseph M. Bumb (TTABlog)

District Court S D Ohio: ‘Texas Toast’ generic for big croutons: T. Marzetti Co. v. Roskam Baking Co. (Seattle Trademark Lawyer)

US Trade Marks – Lawsuits and strategic steps

Bonanza Press – No summary judgment dismissal in pull-tab trade dress case: Bonanza Press, Inc. v. Arrow International, Inc. (Seattle Trademark Lawyer)

New York Times – New York Times v Wall Street Journal over use of slogan ‘Not Just Wall Street. Every Street.’ (IPKat)

Rawlings – Rawlings sues Under Armour for use of rebranded batting helmet in ads: Rawlings Sporting Goods Co. v.Under Armour, Inc. (Seattle Trademark Lawyer)

Ultra Internet Media, S.A. – Third lawsuit is a charm in ongoing dispute between Everest Poker and Harrah’s over world series of poker sponsorship: Ultra Internet Media, S.A. v. Harrah’s License Company, LLC (Las Vegas Trademark Attorney)

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