General Global Week in Review 15 March 2010 from IP Think Tank

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

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.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page:

Highlights this week included:

Brazil publishes final retaliation list of American products: Where have the suspension and limitation of IP rights gone? (IP tango) (IP tango) (IPKat) (IP Watch) (IAM)

UKIPO and USPTO announce plan to increase worksharing to reduce patent backlogs (IP Watch) (IPKat) (IP Factor) (IAM) (Intellogist Blog)

European Parliament demands to be informed on ACTA negotiations (Michael Geist) (Michael Geist) (IPKat) (Excess Copyright) (Michael Geist)

Global – General

European IP politics, US patent evolutions and South Africa sees the light IP Think Tank podcast 4th Mar 2010 (IP Think Tank)

World Intellectual Property Day, Monday 26 April (IPKat)

Global – Trade Marks / Brands

An Oscar for Logorama (Class 46)

Global – Patents

UKIPO and USPTO announce plan to increase worksharing to reduce patent backlogs (IP Watch) (IPKat) (IP Factor) (IAM)

UK IPO and JPO patent prosecution highway to permanent (IP Factor)

Global – Copyright

Copyright ‘Harmonization’ hits snags in Europe and Singapore (Public Knowledge)


Australia says no domestic changes due to ACTA (Michael Geist)

ACIP details final reform proposals for patent enforcement (IP Whiteboard)

Sundberg J dismisses Nature’s Blend’s action against Nestlé for infringement of its LUSCIOUS LIPS trade mark: Nature’s Blend Pty Ltd v Nestle Australia Ltd  (


Brazil publishes final retaliation list of American products: Where have the suspension and limitation of IP rights gone? (IP tango) (IP tango) (IPKat) (IP Watch) (IAM)


Canadian Government announces ratification of UN Convention on the Rights of Persons with Disabilities (Excess Copyright)

Will Canadian copyright revision spring forth early? (Excess Copyright)

Is there copyright in choreography? Pastor v Chen (IP Osgoode)

File-Wrapper estoppel or doctrine of equivalence: Which way to err? – Canadian and US law (IP Osgoode)

‘Purposive construction’: Has certainty been compromised? Free World Trust v. Electrosante; Whirlpool Corp. v. Camco Inc. (IP Osgoode)

Federal Court on confusion regarding CANNABIS CULTURE: The Friendly Stranger Corporation v Avalon Sunsplash Ltd (Trademark Blog)

Fostering Canadian innovation (Patent Librarian’s Notebook)


WIPO Director General praises China (SF law blog)

Brand politics – China should take advantage of Chinese Design (IP Dragon)

There is more IP litigation in China than anywhere else on earth (IAM)

‘Avatar’ sued for copyright infringement by various writers – suits filed in China and Canada (SiNApSE)


European Parliament demands to be informed on ACTA negotiations (Michael Geist) (Michael Geist) (IPKat) (Excess Copyright) (Michael Geist) (Ars Technica)

DG for Trade organises meeting on ACTA (Class 46)

Is Cognac like Champagne, Finns asks the ECJ: Bureau National Interprofessionnel du Cognac v Oy Gust. Ranin (IPKat) (IPKat)

Albania accedes to the EPC (Daily Dose of IP)

Council approves member states as Paris-ites (Class 99)

Texas forum shopping – Europe has its share as well (ipeg)

Extra virgin olive oil Irpinia Colline dell’Ufita gets PDO (Class 46)

Hong Kong

Hong Kong initiative supports IP strategy and finance (Innovationpartners)


Delhi HC rules on ‘scope’of TM Registrar’s role: Mount Everest Mineral Water Ltd v Bisleri International Pvt Ltd & Ors (Spicy IP)


Wedding dresses and fabric exclusivity: G L Couture LTD v Trobolski Brothers LTD & Ors (IP Factor)


Italy publishes new decree, but no timetable for implementation (Class 46)

YugoMac opts for Vienna classification (Class 46)



Haggart on ACTA transparency in Mexico (Michael Geist)


What do the Netherlands Antilles and the Ukraine have in common? Both have signed up for the Singapore Treaty (Class 46)

District Court Amsterdam: Ex parte provisional seizure: IKSL B.V.v. PTI BVBA (EPLAW)

The Hague District Court: Declaration of non-infringement: Safeway GmbH v. Kedge Holding B.V. (EPLAW)


Keeping track without requiring registration, a new approach in Nigeria (Afro-IP)


Trade marks and taxes in Poland (Class 46)

The reputation of a trade mark (Class 46)

Polish Supreme Court speaks on reputation and criteria for trade mark infringement: Technopol Publishing Agency v Phoenix Press and Bauer Publishing House(Class 46)


New Romanian mandatory mediation to help settle TM disputes (Class 46)

South Africa

Single colour difficulties before the Advertising Standards Authority: Henkel AG v Trefoil Manufacturing (Afro-IP)

Much ado – three main concerns in terms of regulatory framework the authorities need to focus on: foreign exchange, skills and intellectual property (Afro-IP)


Commercial Court No 1 Madrid awards interim injunction against TV channel in dispute over ‘Look who’s dancing’ mark (Class 46)


US hails region’s fight against counterfeited trade (Afro-IP)

United Kingdom

Putting IP into Yorkshire Pudding – official EU Geographic Indication? (Excess Copyright) (IPKat)

Grounds of challenge narrow for Comptrollers’ Opinions: Lundberg & Son VVS-Produckter AE v ZGP Ltd (PatLit)

UK Patent Office releases commissioned study ‘Patent Backlogs and Mutual Recognition’ (Patently-O) (Innovation Partners) (IP Watch)

Appointed Person finds Coca-Cola’s NO HALF MEASURES has distinctive character for various class 41 services (IP Factor)


United States
US General

US on ACTA: Full steam ahead (Michael Geist) (Ars Technica)

US on international trade crusade with new agenda (IP Watch)

US General – Lawsuits and strategic steps

Amsted – ALJ Charneski issues public version of recommended determination on remedy and bonding in certain cast steel railway wheels (337-TA-655) (trade secret misappropriation) (ITC Law Blog)

US Patent Reform

Senate leadership unveils details of patent reform agreement (Patent Docs)

Patent Reform Act of 2010: Proposed first-to-file statute (Patently-O)

Another bill impacting patent reform –Small Business Patent Data Collection Act of 2010 (Inventive Step)

Patent pendency – tired of waiting for you (Intellogist Blog)

US Patents – Decisions

CAFC: Design patent claim construction: Segregation of functional from ornamental features appropriate: Richardson v Stanley Works, Inc (Gray on Claims) (Class 99)

CAFC: The role of claim construction in the obviousness determination: Alloc, Inc. v. Pergo, Inc. (not precedential) (Patently-O)

BPAI’s standard of review of examiners’ rejections: Ex Parte Frye (Director’s Forum) (Patently-O)

Judge Rader accuses CAFC panel of ‘bias against non-technical arts’: Media Technology Licensing v The Upper Deck Co (271 Patent Blog)

BPAI to HP: Equal protection clause doesn’t save claims from 101: Ex parte Haines (12:01 Tuesday)

District Court E D Texas: Evidence of litigation-induced license agreements should not be excluded from trial: Datatreasury Corporation v. Wells Fargo & Company et al (Docket Report)

ITC finds no violation of s 337 by importation and sale of semiconductor integrated circuits by respondents LSI and Seagate (ITC Law Blog)

US Patents – Lawsuits and strategic steps

General Electric – ITC denies motion for summary determination of no inequitable conduct in certain variable speed wind turbines (ITC Law Blog)

Greenshift – Greenshift seeks quick injunction against Cardinal Ethanol (Green Patent Blog)

Hewlett-Packard – Hewlett-Packard files new 337 complaint regarding certain inkjet ink cartridges with printheads (ITC Law Blog)

University of Pittsburgh: Having won appeal, Pitt appeals again: Univ. of Pittsburgh v. Varian (PATracer)

US Copyright

The importance of registering copyright in the United States: Elsevier B.V. v. UnitedHealth Group, Inc (Mallesons Stephen Jaques)

US Copyright – Decisions

CAFC: The transformative nature of a photograph: Copyright and the Korean War Veterans Memorial: Frank Gaylord v United States (IP Osgoode)

4th Circuit: Fine art paintings from photographs and actual damages for copyright infringement: Hofmann v. O’Brien (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

RudnickiCopyright suit dismissed with 30 days to prove standing: Rudnicki v. WPNA 1490 AM (Chicago IP Litigation Blog)

US Trade Marks – Decisions

CACF affirms TTAB ruling: X-PIPE is generic for engine exhausts Monty Allen Campbell v. Bassani Manufacturing (TTABlog)

District Court S D New York: The City owns ‘Tavern on the Green’: City of New York v. Tavern on the Green, L.P. (Property, intangible) (IPKat)

District Court N D Illinois concludes no likelihood of confusion between AutoZone and OilZone/WashZone and AutoZone’s claims barred by laches (Las Vegas Trademark Attorney)

TTAB Precedential No. 8: You can’t move for summary judgment until after serving initial disclosures, says TTAB: Qualcomm Incorporated v. FLO Corporation (TTABlog)

TTAB Precedential No.9: ELECTRONIC CANDLE COMPANY generics for light bulbs: In re Wm. B. Coleman Co., Inc. (TTABlog)

TTAB Precedential No. 10: Divided TTAB panel affirms 2(a) disparagement refusal of KHORAN for wines: In re Lebanese Arak Corporation (TTABlog) (Trademark Blog)

TTAB dismisses 2(d) opposition, MILANZA too different from POTENZA and TURANZA for tires: Bridgestone Firestone North American Tire, LLC and Bridgestone Corporation v. Federal Corporation (not precedential) (TTABlog)


US Trade Marks – Lawsuits and strategic steps

American Express – AMEX Black Card trademark infringement against Visa (Trademark Blog of the Trademark Lawyer’s Mind)

Louis Vuitton – Vuitton attempts slam dunk on Hyundai over Super Bowl ad (IP Osgoode)

Major League Baseball – Baseball trademark infringement slugout with Major League and Upper Deck trading cards (Trademark Blog of the Trademark Lawyer’s Mind)

North Face – Butting into Face: discussion of North Face v South Butt (Patent Baristas)

Snowizard – Appellee removes CAFC appeal to Federal District Court under 15 USC 1071: Southern Snow Manufacturing, Inc. v. Snowizard Holdings, Inc (TTABlog)

Who Dat? -A new chapter opens in the ‘Who Dat’ trademark story: Who Dat?, Inc v NFL Properties, LLC et al (Las Vegas Trademark Attorney)



%d bloggers like this: