General Global Week in Review 15 June 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:

Sino-Japanese IPR Memorandum of Understanding (IP Dragon) (China Hearsay) (Managing Intellectual Property)

Canada Supreme Court rejects Scotch Whisky Association’s appeal of decision allowing Glenora Distillers to use the word GLEN in its trade mark for Canadian whisky (Excess Copyright) (Canadian Trademark Blog) (

Global – General

Thoughts on IP Review issue 26, Summer 2009 – State of the IP industry survey, branding in American banks (IP Think Tank)

Global network of IP academies agrees to intensify cooperation (WIPO)

How licensors can survive the downturn (Managing Intellectual Property)

Global – Patents

Should formalised training in science or engineering be a prerequisite to the practice of patent law? (IP Osgoode)

SMEs and the struggle against patent trolls (IAM)

Firebox Inventor innovative product competition: not such a good idea after all? (IPKat)

Patent rights ownership confusion – Magna and Russian Sberbank to offer an additional Euro 400 million to be offered in form of no-interest collateral backed loan (IP finance)

Global – Copyright

Copyright holders acknowledge losing battle for public consciousness at World Copyright Summit (Intellectual Property Watch)

Senator Hatch speaks at World Copyright Summit (IP Watchdog)

Treaty to improve access to copyrighted materials for visually impaired (IP Osgoode)


Nokia named top brand in East Africa in survey by Super Brands East Africa (Afro-IP)


EU says GI products would benefit Asian poor in renewing IP assistance (Intellectual Property Watch)


Justice Nye Perram Deputy President of the Copyright Tribunal of Australia (IP Down Under)


Supreme Court rejects Scotch Whisky Association’s appeal of decision allowing Glenora Distillers to use the word GLEN in its trade mark for Canadian whisky (Excess Copyright) (Canadian Trademark Blog) (

Supreme Court decision on non-competition and injunctions: Belron Canada Inc v TCG International Inc (

Conference Board of Canada event highlights importance of IP protections (IP Osgoode)


Sino-Japanese IPR Memorandum of Understanding (IP Dragon) (China Hearsay) (Managing Intellectual Property)

Supreme People’s Court of China: ‘Current economic situation makes granting IPR injunctions more difficult’ (IP Dragon)

CTMO recognises CHIVAS and CHIVAS REGAL as well-known trademarks (S&F)

Think you have a well known China trademark. Think again. (China Law Blog)

China plans for 50% increase in number of patent agents (IAM)

IP rights and Chinese producers: you live and die by the jump shot (IP finance)

Copyright Administrative Punishment Implementation Rules (2009) (IP Dragon)


Court finds no infringement in wine bottle battle: Udesen Danmark v Excellent Wine Danmark A/S (International Law Office)


ECJ rules on bad faith in chocolate bunnies case: Chocoladefabriken Lindt & Spruengli (IPKat) (Class 46)

ECJ maintains strict rule on acquired distinctiveness: Imagination Technologies v OHIM (Managing Intellectual Property)

CFI rules on material date for the examination of an absolute ground for invalidity: Frosch Touristik v OHIM (Class 46)

CFI finds likelihood of confusion concerning ‘milko’ marks for chocolate and milk: Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis, formerly Delta Protypos Viomichania Galaktos AE v OHIM, Kraft Foods Schweiz Holding AG intervening (IPKat)

CFI rules that applicants ‘InvestHedge’ sign is likely to be confused with opponent’s ‘HedgeInvest’ mark: Hedgefund Intelligence Ltd v OHIM, Market Invest SpA (Class 46)

CFI: Last-minute win for Last Minute Network Ltd v OHIM, Last Minute Tour SpA (Class 46)

European patent court proposals: CIPA response (IPKat)

Another EBA referral on divisionals (IPKat)

EU to ‘clarify’ parallelism of jurisdiction rules (PatLit)

Spanish cheese Arzúa-Ulloa heads for PDO protection, but are the defining terms too vague? (Class 46)


Victor Tieku to develop new copyright collecting org in Ghana (Afro-IP)


Bombay HC rules on copyright in drawings: Part II: Indiana Gratings v Anand Udyog (Spicy IP)

Delay in filing power of attorney: Does it prejudice a patent application? (Spicy IP)

Design v copyright: need for a clear and rational distinction: Microfibres v Giridhar & Co & Ors (Spicy IP)

Madras High Court: jurisdiction – can design infringement case can be filed in Court where plaintiff resides?: Urooj Ahmad v Maya Appliances (IP Frontline)


Commercial Court makes first Community designs ruling: Karen Millen Ltd v Dunnes Stores (International Law Office)


Boy from package of Israeli chocolate drink sues Elite for 5 million NIS (The IP Factor)


Court of Appeal declines to set aside High Court order restraining Delta Connections from using DELTA (Afro-IP)

South Africa

South African Revenue Services loses two recent cases relating to IP: SABC and Crocs/Moresport cases (Afro-IP)

Proposed rules on public research in South Africa stir debate (Technology Transfer Tactics)


Supreme Court on trade marks, geographical indications and wine (again!) – ‘Rioja’ GI survives (Class 46)


Impersonator acquitted of attempting to deceive paying customers into thinking she is the true Toni Braxton (1709 Copyright Blog)


Some data on 3D trademarks in Switzerland (Class 46)

Shapes that made it, and those that didn’t (Class 46)

United Kingdom

EWHC: Revocation proceedings not an abuse of process even if not commercially justified: TNS Group Holdings Ltd v Neilsen Media Research Inc (PatLit)

Patents Court: No hope for folding ladder patent infringer: Folding Attic Stairs Limited v The Loft Stairs Company (IPKat)

Public perception of copyright, public sector information, and CC (Creative Commons)

OPSI survey on re-use of Crown copyright material; ‘In from the cold’ report estimates over 50 million orphan works to be excluded from digitisation project (1709 Copyright Blog)

UK IPO begins to fast-track green patent applications (Technology Transfer Tactics)

Susie Bubble asked to take down photographs of Pam Hogg’s coveted catsuits from Style Bubble wegblog because deemed as ‘bad publicity’ (IPKat)

United States
US General

Quest for managerial control at the USPTO – is fee regulation the answer? (Peter Zura’s 271 Patent Blog)

Understanding the risk that a judgment for wilful IP infringement may be discharged in bankruptcy (IP Spotlight)

As a litigator, Judge Sotomayor handled many trade mark matters (Seattle Trademark Lawyer)

Obama Administration confirms support for continuing ACTA negotiations (Michael Geist) (Intellectual Property Watch)

US General – Decisions

District Court N D Illinois orders production of allegedly privileged documents after in camera review: Heriot v Byrne (Chicago Intellectual Property Law Blog)

US Patent Reform

Patent reform: Supreme Court to review Bilski (Public Knowledge)

US Patents

House votes overwhelmingly to establish new US policy opposing any global climate change treaty that weakens US ‘green technology’ IP rights (Peter Zura’s 271 Patent Blog)

USPTO posts comments on deferred examination (Patent Docs)

Speeding up design patents (Patently-O)

Innovation held hostage by the Patent Office (IP Watchdog)

J Allison, M Lemley, J Walker look at most litigated patents in new report ‘Extreme Value or Trolls on Top? The Characteristics of the Most-Litigated Patents’ (Peter Zura’s 271 Patent Blog)

Saving US innovation: more patent funding needed (IP Watchdog)

BPAI backlog (Patently-O)

Deadline to volunteer for the USPTO peer review pilot program is approaching (Patentably Defined)

Check out the new beta test release of the USPTO’s website (Patentably Defined) (Just an Examiner)

Second pair of eyes fails innovation in the US (IP Watchdog)

USPTO needs improved workflow management (IP Watchdog)

PTO declines comment on dissent muzzling (IP Watchdog)

Patent marking – recent cases and lessons learned ( (The Prior Art)

US Patents – Decisions

CAFC halts Epistar import ban in dispute between Epistar and Phillips (S&F) (Green Patent Blog)

CAFC decision on injunctive relief: District Court abused discretion by failing to consider eBay factors: Ecolab v FMC Corp (Patently-O)

CAFC: Wakeboard inventor cannot correct patent inventorship: Borden M Larson v Correct Craft, Inc, William Snook, Robert Todd (IP Watchdog)

CAFC: Lack of standing: dismiss with(out) prejudice: University of Pittsburgh v Varian Medical (Patently-O)

CAFC decision in TransCore v Electronic Transaction Consultants changes patent licensing and patent settlements (The IP Law Blog)

District Court C D California warns that ‘patentee’s time for trolling’ will end without more definite infringement contention: Diagnostic Systems Corp v Symantec Corp (Peter Zura’s 271 Patent Blog)

District Court E D Texas grants motion to dismiss for lack of standing based on the fact that the plaintiffs did not own the patents in suit: MHL Tek v General Motors Corp (

District Court E D Texas: Motions to transfer denied; motion to dismiss for lack of personal jurisdiction granted: Acceleron v Egenera (

District Court E D Texas: Clawback effective; privilege not waived: Datatreasury v Wells Fargo et al (

ITC enters final determination in investigation of semiconductor chips brought about by Tessera against Spansion, Qualcomm and others (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Honeywell – Summary determination of invalidity denied by ITC in investigation commenced in response to complaint from Honeywell against Denso, Alpine and Pioneer over automotive multimedia display and navigation systems (ITC 337 Law Blog)

Masai Marketing & Trading – ITC judge denies motion for summary determination of non-infringement in investigation concerning comfort footwear involving MM&T (complainant) and RYN Korea (respondent) (ITC 337 Law Blog)

Rambus – Rambus competition probe to be dropped (IPKat)

Rothschild, G N – ITC to review initial determination that Professor Rothschild’s licensing activities satisfy the domestic industry requirement in short-wave LED matter (ITC 337 Law Blog)

US Copyright

Foreign affairs as the new copyright law (part 1 – Copycense) (part 2 – Copycense)

Copyright law and your creative muse (IP Watchdog)

US Copyright – Lawsuits and strategic steps

General Motors – Lemonheads singer, Evan Dando, seeks damages and portion of profit from GM for unauthorised use of song in Chevy advertisement (1709 Copyright Blog)

Salinger, J D – Salinger sues over supposed sequel to iconic novel ‘The Catcher in the Rye’ (Out-Law)

US Trademarks

Glen Gundersen’s annual report on trade mark trends (TTABlog)

Lanham Act damages – what is the plaintiff’s burden? (The IP Law Blog)

US Trade Marks – Decisions

District Court N D Illinois: Alleged trademark owner’s state of mind is a question of fact: SPSS v Nie (Chicago Intellectual Property Law Blog)

District Court E D California: Failure to defend can lead to default and finding infringement was wilful: Microsoft v Marturano (Seattle Trademark Lawyer)

District Court N D California finds licensee lacks standing to claim common law trade mark infringement: Beijing Tong Ren Tang (USA) Corp v TRT USA Corp (Seattle Trademark Lawyer)

Court of Appeals for the Second Circuit: Joseph Abboud didn’t sell JOSEPH ABBOUD when he sold Joseph Abboud: JA Apparel Corp v Joseph Abboud et al (The Trademark Blog)

TTAB precedential no 22: Saying no-no to double entendre argument, TTAB deems URBANHOUZING merely descriptive of real estate services: In re Dean S Carlson (TTABlog)

TTAB: AMERICAN GIRL tops AMERICAN BOY in TTAB 2(d) clothing confrontation: American Girl, LLC v Barry Epstein (not precedential) (TTABlog)

TTAB affirms 2(d) refusal for BBW for hosiery based on prior BBW & Design mark for clothing for larger women: In re Blue Heaven Hosiery Co (not precedential) (TTABlog)

TTAB reverses PTO refusal of Sajen’s CL mark due to highly stylised appearance of previous CL marks: In re Sajen, Inc (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Del Monte – naked licensing – Del Monte tries to disavow use of its name in connection with Bondsicle product (Rebecca Tushnet’s 43(B)log)

Nine Million in Unmarked Bills – Is there any trademark problem with NMUB which is influenced by Jeremy Bert’s ‘Ransom Note’ neon artwork (Seattle Trademark Lawyer)

Pardee Homes – Pardee sues Beazer Homes over SMART LIVING (Las Vegas Trademark Attorney)


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