General Global Week in Review 14 Sept 09 from IP Think Tank

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

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Highlights this week included:

WTO rules in favour of Brazil, allows for cross retaliation against US IP rights (Spicy IP) (Spicy IP) (Intellectual Property Watch) (Excess Copyright) (IP tango)

World Economic Forum survey: US 18th in global IP protection (Intellectual Property Watch) (Excess Copyright)

ECJ: Second time round in Budĕjovický Budvar: GI Regulation reigns supreme: Budĕjovický Budvar, národní podnik v Rudolf Ammersin GmbH (IPKat) (Class 46)

Global – General

CIP Forum 2009 (IP Think Tank) (IPEG)

IP in a financial context (Innovationpartners)

WTO rules in favour of Brazil, allows for cross retaliation against US IP rights (Spicy IP) (Spicy IP) (Intellectual Property Watch) (Excess Copyright) (IP tango)

IAM 250 – world interactive map (IP intangible) (IAM)

Delving deeper into the IAM 250: Firms and associations (IP intangible)

WIPO Director General underlines role of IP in mitigating climate change (WIPO)

To get boards of directors to take IP seriously learn the lessons that Philips teaches (IAM)


Global – Trade Marks / Brands

What really happens to bankrupt brands? (IP finance)

Can branding save Motorola’s handset business? (IP finance) (IP finance)

Global – Patents

The role of patents in focused innovation (CanadaPatentBlog)

Microsoft tries to bully the world – Microsoft call for a single ‘world patent’ (Blawg IT)

Why a global patent system is a bad idea (IP Watchdog)

Doctrine of equivalents: An international and comparative perspective (Spicy IP)

Sisvel coordinates patent pool over digital TV (Managing Intellectual Property)

Global – Copyright

‘Positive noises’ on resuming talks on WIPO audiovisual performances treaty (Intellectual Property Watch)


IP, technology and the next green revolution for Africa (Intellectual Property Watch)


Australia: Full Federal Court unanimously confirms that inventions generated by academics are not necessarily owned by universities: University of Western Australia v Gray (Mallesons Stephen Jaques)

Australian Patent Office opens Melbourne examination centre (The IP Factor)


How Crown copyright hurts Canadians (Visible Government)

Battle of the beer brands – Anheuser-Busch dispute with Canadian Brick Brewing Co over lime beer ( (IP Osgoode)

World Economic Forum – Canada beats US, Japan & UK on IP (Excess Copyright)


Third revision of patent law in China (Intellectual Property Watch)

Coming soon: new design law for China (Class 99)

Adidas sues for trade mark infringement (S&F)

Protecting your IP in China – the basics (China Hearsay)


ECJ: Second time round in Budĕjovický Budvar: GI Regulation reigns supreme: Budĕjovický Budvar, národní podnik v Rudolf Ammersin GmbH (IPKat) (Class 46)

Ability, not nationality, should determine EPO president choice, says UK minister (IAM)

OHIM: Update to Manual of Trade Mark Practice (Class 46)

Internet citations: the EPO gets up-to-date (IPKat)


Status update on IPR centralisation (Class 46)


Regional Court of Berlin issues injunction against Africa Media Online in copyright row over unpublished apartheid photographs (Afro-IP) (1709 Copyright Blog)


Overhaul of Copyright Office site – online registration facilities (Spicy IP)

Jamnagar petrol GI case (Spicy IP)


Early publication of Israel national phase applications (America-Israel Patent Law)

Abstract or abstruse? – new process regarding ‘essence of the invention’ publication (America-Israel Patent Law)

Israel restores Australian Patent office’s kashrut certificate (The IP Factor) (America-Israel Patent Law)

Whose invention is it? – report on seminar co-hosted by JMB, Factor & Co and ONO Academic College (The IP Factor)

The strange affair of the bleach-free soap-powder – Proctor & Gamble and Reckit Benckisers trade mark battle over ‘al economika’ (English: ‘bleach free’) marks (The IP Factor)


Malaysian Court says MCCURRY does not infringe MCDONALD’S (Seattle Trademark Lawyer) (IP Spotlight)


Francis Gurry helps NCC celebrate 20 years (Afro-IP)


Peru tilts at Trademark Law Treaty (IP tango)


Artist’s name as a trade mark (Class 46)

South Africa

CIPRO announces patent database available online (Afro-IP)

Supreme Court of Appeal on generic marks in On-line Lottery Services (Pty) Ltd v National Lotteries Board and Anor (Afro-IP)

SABC – TVIEC war gets nastier – hunger strikes (Afro-IP)


Court of Appeals of Madrid buys the ‘crowded field’ argument to dismiss a trade mark cancellation action (Class 46)


Maglite illuminate the scope of Swedish copyright in battle with IKEA (Class 99)


Federal Administrative Court rules ON THE BEACH descriptive for cosmetics, perfumes and hair lotion (Class 46)

United Kingdom

Truth or cost savings: dealing with a tired, unwell and confused witness: FNM Corporation Ltd v Drammock International Ltd and LEC (L’Pool) Ltd (PatLit)

Photographers hold protest outside Guardian Newspaper offices over amended standard terms allowing free reuse of commissioned pictures (1709 Copyright Blog)

UK IPO press release on meeting with SIPO concerning IP and low carbon technologies (IPKat)

IP enforcement costs and SMEs: can you help? (IPKat)

United States
US General

Third IP cross-retaliation strike against USA at WTO (Excess Copyright)

World Economic Forum survey: US 18th in global IP protection (Intellectual Property Watch)

Funds for US State Department global IP enforcement training (Intellectual Property Watch)

Changes in USPTO senior management (Patent Docs)

US Patents

PatentFreedom to offer subscription-based reexam service to attack NPE patents (Peter Zura’s 271 Patent Blog) (IAM)

The rising importance of method claims (Patently-O)

Licensure of patent practitioners (Response to Hal Wegner – America-Israel Patent Law) (Why does the USPTO discriminate against US citizens? – America-Israel Patent Law)

Accelerated examination (Inventive Step)

Suggestions for USPTO Director David Kappos (IP Watchdog)

Mystery graph of the day (Patently-O)

The crisis in the American patent system (CanadaPatentBlog)

US Patents – Decisions

CAFC debates stays pending re-examination; Injunctions when claims are of ‘suspect validity’: Fresenius USA, Inc v Baxter International, Inc (Patently-O) (IP Law Observer) (Gray on Claims)

CAFC: Claim preclusion and vitiation: Nystrom v Trex and Home Depot (Patently-O)

CAFC: Patentee describing single embodiment as ‘the present invention’ leads to narrow claim constructions: Lydall Thermal/Acoustical, Inc v Federal-Mogul Corp (not precedential) (Gray on Claims)

CAFC says ‘patented invention’ does not include methods: Deepsouth Packing Co v Laitram Corp (IP Watchdog)

District Court N D Illinois: Patentee can be his own lexicographer: Von Holdt v A-1 Tool Corp (Chicago Intellectual Property Law Blog)

District Court N D Illinois: Point of sale was situs of injury in motion to transfer analysis: Bajer Design & Marketing, Inc v Whitney Design, Inc (Chicago Intellectual Property Law Blog)

District Court E D Texas: Wilfulness can still be pled even if preliminary injunction is not sought: Affinity Labs of Texas v Alpine Electronics (Peter Zura’s 271 Patent Blog)

US Patents – Lawsuits and strategic steps

Funai – ITC commences formal enforcement proceedings in response to Funai’s complaint alleging respondents have violated ITC orders in matter concerning digital televisions (ITC 337 Law Blog)

Toyota – Paice files new 337 complaint against Toyota regarding hybrid electric vehicles and components (ITC 337 Law Blog)

US Copyright

Is there any copyright clause constitutional limit on Congress? (Moral Panics and the Copyright Wars)

US Copyright – Decisions

District Court S D New York: Pleading new post-registration copyright infringement: IDEA v PETA (The Trademark Blog)

Judge Swain dismisses Missy Chase Lapine’s copyright infringement claim against Jessica Seinfeld in dispute over competing recipe books (IPKat)

US Trademarks

Domino’s video offers food for thought for businesses – corporate damage control, franchising (IP Watchdog)

Jane Coleman’s treatise on secondary liability for trade mark infringement (TTABlog)

US Trade Marks – Decisions

TTAB: Motion to strike bogus affirmative defences: worth the effort? Castro v Cartwright (TTABlog)

TTAB reverses 2(e)(2) refusal of PROFUMO DE FIRENZE for perfume, finding double entendre: In re Atelier Profumo Artistico Firenze SrL (not precedential) (TTABlog)

TTAB affirms failure-to-function refusal of STRENGTH IN DATA for brochures: In re ImClone Systems Incorporated (not precedential) (TTABlog)

TTAB affirms 2(d) refusal of BEAR REPUBLIC over BEAR REPUBLIC RICARDO’S RED ROCKET ALE & Design, finding wine and beer related: In re E & J Gallo Winery (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Mr Water Heater – Plaintiffs pre-discovery motion for summary judgment denied in trade mark dispute between MR WATER HEATER and MR HOT WATER HEATER (The Trademark Blog)

Pixar – Luxo lamp company sues Pixar for IP infringement (The IP Factor) (IPKat)

Tiffany – Tiffany sues landlord Westfield Century City, alleging its plan to house H&M store would tarnish its luxury image (IPKat)



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