General Global Week in Review 16 August 2010 from IP Think Tank

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

Highlights this week included:

10th Round ACTA negotiations August 16-20, Washington DC: meeting expands to full week of talks, all participants (Michael Geist) (Michael Geist) (Knowledge Ecology International) (Knowledge Ecology International) (Excess Copyright) (Michael Geist)

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.


Global – General

The business of IP Strategy Consulting – IP Think Tank podcast 5 August 2010 (IP Think Tank)

Human Capital in IP strategy (IP Think Tank)

Welcome, IAN the Intellectual Asset Network (IP finance)

Trade Secrets: They’re often comprised of many ‘pieces’ of intangible assets (Business IP and Intangible Asset Blog)

A good first step toward organizational resilience… (Business IP and Intangible Asset Blog)

2 ways to reduce open innovation risk: Convert the Naysayers and bring on the seasoned veterans (IP Asset Maximizer Blog)

Critique of the IPRI reports (Spicy IP)

Global – Trade Marks / Brands

To stand on the shoulder of giants you need… giants (Innovationpartners)

Trademark, copyright and logos (PlagiarismToday)

Global – Patents

Induced patent infringement across the globe – are you ready? (IP Think Tank)

The future of business method patenting (IP Solutions Blog)

Patent spam and other scams (Patentology)

Patent trolling doesn’t pay, or does it…. in the long term? (IP finance)

When to add multiple dependant claims (Inovia) (Inovia)

Global – Copyright

10th Round ACTA negotiations August 16-20, Washington DC: meeting expands to full week of talks, all participants (Michael Geist) (Michael Geist) (Knowledge Ecology International) (Knowledge Ecology International) (Excess Copyright) (Michael Geist)


CISAC welcomes new Africa region president (Afro-IP)


Coming soon: Online access to Australian Patent prosecution histories (Patentology)

Australian Patent Office embraces ‘obvious to try’ (Patentology)

Anyone for Australian champagne? Agreement between EU and Australia on trade in wine, comes into force 1 September 2010 (IPKat)


Promotion of intellectual property in Brazil (IP tango)

Judges of Rio de Janeiro discuss patents and trademarks infringement: How much the enforcement system can be improved? (IP tango)


Access Copyright’s 1300% tariff increase (Michael Geist) (Excess Copyright) (Michael Geist) (Michael Geist) (Michael Geist) (Techdirt)

How can a disclaimer broaden a patent claim? Hershkovitz v. Tyco Safety Products Canada Ltd (Canada PatentBlog)


Designs in China: Tian Lipu speaks (Class 99)

Reducing China’s IP trade deficit (China Hearsay)

Inventions defined under the PRC Patent Law (China Law Insight)


Shift towards IP based value (Innovationpartners)


Circus Globus: an explanation from Romania: Case C-283/10 Circ & Variete Globus Bucureşti v Uniunea Compozitorilor şi Muzicologilor din România – Asociaţia pentru Drepturi de Autor – U.C.M.R. – A.D.A. (1709 Blog)

For the avoidance of accidents, or worse? – representation of non-EU based CTM applicants (IPKat)


NEW WAVE not descriptive for goods in class 25 (Class 46)


Bidding in Bulgaria / Rome II – First Senate of Federal Supreme Court holds that even if two German companies are the only competitors in a foreign market within the EU, the applicable law shall be that of the foreign country (EPLAW)


Indian Bayh Dole and transparency in public research (Spicy IP)

‘The Complete Man’ just got split in two! Raymond Ltd loses trademark battle (Spicy IP)

Of Madrid and Madras (IPKat)

India’s oldest trademark? (Spicy IP)

Money for nothing?  Is the INR logo a copy? (Spicy IP)

Provisions of the Copyright Amendment Bill, 2010 are up on the CLaM website (Spicy IP)

Study questions savings from patent settlement restrictions (Spicy IP)


Should Israel join the patent examination superhighway? (IP Factor)


Guccio Gucci successful in Italy as Florence Court stops use of Elisabetta Gucci mark (Class 46)


Letter to President of Mexico regarding ACTA (Knowledge Ecology International)


Moldova’s new law on copyright and neighbouring rights (1709 Blog)


Court of the Hague rules ‘fall protections’ manufactured by Safeway do not infringe Kedge’s European patent for a safety device for a fall restraint (EPLAW)


Poland: bound by the law – HADES trademark dispute (Class 46)

White eagles, national symbols and domestic trade mark law (JIPLP)


Serbia and new trade law (IPKat) (IPKat)

South Africa

South African Broadcasting Corporation – copyright pirates? (Afro-IP)

FNB retains stadium naming rights (Afro-IP)


OHIM: Spanish trade marks via TMview (Class 46)


Taiwan moves closer to new law, including patent marking (PatLit)

United Kingdom

Author John Savage files suit against Ricky Gervais over Flanimals (IPKat)

Rule 141 and further EPO obstructions (IPKat)

On-field, off-field – EWCA dismisses licensee’s appeal: Hudson Bay Apparel Brands LLC v Umbro International Ltd (IPKat)

Damages: links to notes on two recent UK decisions: Alan Nuttall Ltd v Fri-Jado UK Ltd & Anor and Fearns (t/a Autopaint International) v Anglo-Dutch Paint & Chemical & Ors (IP finance)

New UK guidance on requests for cross-examination in Registry proceedings (Class 46)

UK to continue CTM owner notifications – for now (Class 46)

IPKat competition to mark CIPA Congress (PatLit) (IPKat)

United States

US General

Patent/Trademark search iPhone App (Patent Arcade)

Will design protection ever be in fashion in the US? (Class 99)

US Patent Reform

Opinion piece in National Law Journal on patent reform (IPBiz)

Bill signed to authorize USPTO to spend an additional $129 million (Anticipate This)

Change in USPTO Procedure – Examiner interviews without a power of attorney now permitted in some circumstances (Patentably Defined)

US Patents

Process or perish? (IP Directions)

USPTO expands patent application backlog reduction stimulus plan (Patent Docs)

USPTO launches Facebook page (Patent Docs)

Prior art in the Library of Congress (Securing Innovation)

CBS News highlights growing backlog at the USPTO (Patent Baristas)

Which is more valuable: trade secrets or patents? (IP Spotlight)

US Patents – Decisions

CAFC: The great haste and less milling: Beer v. United States (Patently-O)

CAFC finds claim construction arguments waived on appeal: Enovsys LLC v. Nextel Communications, Inc (Gray on Claims)

CAFC affirms claim construction that excludes embodiment from claim: Baran v. Medical Device Technologies, Inc (Gray on Claims)

Pair of District Courts grant motions to dismiss for lack of standing in false marking cases: Shizzle Pop, LLC v. Aviva Sports, Inc and FLFMC, LLC v Wham-O, Inc (Gray on Claims)

US Patents – Lawsuits and strategic steps

Chamberlain Group – New Algorithm not relevant to hypothetical reasonable royalty calculation: Chamberlain Group v. The Lear Corp. (Chicago IP Litigation Blog)

Duggal Dimensions – Complaint filed over wind and solar-powered light posts and street lamps proposing Gus Power, Efston, King Luminaire and StreetCrete Group as respondents (ITC 337 Update) (ITC Law Blog)

Invacare – Complaint filed over adjustable height beds naming Medical Depot and Shanghai Shunlong Physical Therapy Equipment Co. as respondents (ITC 337 Update) (ITC Law Blog)

US Copyright

You want me to pay? NYT Magazine feature article (1709 Blog)

Congress, always pushing dates when it comes to copyright (1709 Blog)

US Copyright – Decisions

Barbie v. Bratz part two: When does a company own an employee’s ideas? (Public Knowledge)

US Copyright – Lawsuits and strategic steps

Soulja Boy – What’s your motto? – Copyright and trademark infringement case – Clement Brown, Jr. v. Deandre Cortez Way et al (1709 Blog)

US Trade Marks – Decisions

4th Circuit: Post-purchase confused restroom users: Georgia Pacific Consumer Products v Von Drehle Corporation (The Trademark Blog)

TTAB precedential no. 31: Opposer fails to prove priority, non-use, and fraud in BLACK BELT TV brouhaha (TTABlog)

WYHA? TTAB affirms 2(d) refusal in two-page opinion: In re USCANTEEN Inc (TTABlog)

TTAB finds THE FLYER not generic for advertising shopper services: In re Harte-Hanks Inc (TTABlog)

TTAB tosses out three fraud claims, dismisses ZYTNIA vodka cancellation petition (TTABlog)

TTAB reverses 2(d) refusal, sophistication of purchasers a key factor: In re Vision Wheel Inc (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Bellagio – Bellagio Hotel & Casino owner sues mattress maker over BELLAGIO mark (Las Vegas Trademark Attorney)

Coca Cola – What no consumer could reasonably misled into thinking: Coca Cola sued by Centre for Science in the Public Interest for vitaminwater product (IPKat)

Great Atlantic & Pacific Tea – ‘Save More Every Time You Shop’ false advertising complaint – Great Atlantic & Pacific Tea Company v The Stop & Shop Supermarket (Trademark Blog)

Pillsbury – DOUGHBOY trademark registrations – Dough, a dear (Likelihood of Confusion)


Venezuelan Intellectual Property Institute, a service to whom? (IP tango)

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