General Global Week in Review 16 May 2011 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:

Leave granted to appeal to Supreme Court of Canada on K-12 decision – CMEC v. Access Copyright (IP Osgoode) (Michael Geist) (Excess Copyright)

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

We have met the enemy and he is us (IP Think Tank)

Trading’s end: Is ACTA the leading edge of a protectionist wave? (IP Watch)

TRIPS amendments needed to restore balance in IP, researchers say (IP Watch)

Reforms needed to open WIPO’s door wider to development, diplomat says (IP Watch)

Global – Trade Marks / Brands

Valuing the intangible: top 100 global brands (IPKat)

Global – Patents

Ocean Tomo study highlights importance of patents and inventors to corporate value (Patent Docs)

Ground-breaking publication names the world’s leading patent litigators (IAM)

WIPO Committee on Development Agenda suspended, discussions bogged down (IP Watch)

The importance of keeping the infringer in mind when preparing patent claims (Inventive Step)

WIPO publishes the PCT Yearly Review 2010 (IPR Helpdesk)

Global – Copyright

ACTA still open to interpretation, Legal experts say; transparency fight ongoing (IP Watch)


Australians – rush to register your IP mortgage or pledge (IP Think Tank)

NSWSC: You can arbitrate disputes under an IP licence agreement: Larkden v Lloyd Energy Systems (ipwars) (IP Whiteboard)

Capable of being confused with the trade mark: FCA decides Symbion Pharmacy Services Pty Ltd v Idameneo (No 789) Limited (ipwars)

APO: Is ‘the way we think’ patentable?: First Principles, Inc (IP Whiteboard)


Auto news from Belgium (Class 99)


Brazil’s copyright reform: Are we all Josef K.? (IP Watch)


Non-traditional marks in Canada (IPblog)

CAUT releases Guidelines for the use of Copyrighted Material (Michael Geist)

Leave granted to appeal to Supreme Court of Canada on K-12 decision – CMEC v. Access Copyright (IP Osgoode) (Michael Geist) (Excess Copyright)

CIPO Wares and Services Manual contracts again (Trade Mark Blog)

Robertson class action settlement #2 decision released: Heather Robertson v. ProQuest, CEDROM, Toronto Star Newspapers, Rogers and Canwest (IP Osgoode)


PCT national phase entry into Chile (Inovia)


Innovation in China. It’s just incremental. (China Law Blog)


Deutsche Bahn appeals ‘red and grey’ to ECJ: Deutsche Bahn AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (IPKat)

Leaked ‘ACTA’ lobby letter reveals Hollywood pressure on EU (TorrentFreak)

Pog appeal – the A-G’s opinion: PepsiCo v Grupo Promer Mon Graphic (Class 99) (Class 99) (IPKat)

New online service provides OHIM certified copies (Class 46)

Overview of 1800 decisions of the OHIM’s Boards of Appeal (2010) (Class 46)

EU’s trademark office addresses trademark scammers (Seattle Trademark Lawyer)

General Court: Olymp v. Olimpo: T-203/09 and T/204/09 (Class 46)

French ski: competition in trademark court – T-41/10(Class 46)

Won’t you have some more… community trademark law – T-129/09 APETITO (Class 46)


BGH on the use of a well-known car maker’s trade mark in advertisements for a garage business (IPKat)


Thorny issues remain in EU-India trade talks (IP Watch)

‘It’s evident enough!’ says Bombay High Court to IPAB: M/s. Agar Distributors (India) v. IPAB and M/s. Lakh Enterprises (Spicy IP)

Determination of prima facie validity of registered mark: Bhole Baba Milk Food Industries Ltd v. Parul Food Specialities (P) Ltd (Spicy IP)

DIPP steps into TK arena – diplaces NBA? (Spicy IP)

India’s yoga database and patent piracy (IPKat)


Toyota – Lexus’ continuing trademark battles with pirates (IP Komodo)


DIVA’S LASHES – How the Israel Supreme Court does justice (IP Factor)

Tigris trademark considered as infringing Puma – Cat fight in Israel (IP Factor)


Chanel and Louis Vuitton cases – Venice court grants preliminary relief, upholds infringement claims for use of well-known fashion mark on chewing gum (Class 46)


Extra time for Japanese patent filers (IP Watch)


Unknotting the Pink Ribbons: the tale of an anti-filing injunction (IPKat)

New Zealand

New Zealand angry over US IP Watch List (Michael Geist)


Poland: distinctive designations (Class 46)

Use of a word in a trade mark does not make it copyrightable, rules Polish court (Out Law)


The winding-up of Spanish companies for trade mark infringement: Rothschilds Continuation Holdings AG and Rothschild España, S.A. v Rothschild Immobilien-Vermögensverwaltung und Treuhand, S.A (jiplp)

United Kingdom

Small British companies complain UK patent system is broken (IPBiz)

A trip to the Commons: the Kat reports from seminar ‘Understanding IP: Design & Economic Growth’ (IPKat)

IP commercialisation services: the first British Standard reviewed (IPKat)

Same-day suits in different courts: some answers (PatLit)

PCC page 26: Offering a tentacle of good will (PatLit)

United States

US Patent Reform

House to turn to America Invents Act in June (Patents Post Grant Blog)

US Patents

USPTO proposes to streamline re-examination procedures (Maier & Maier)

Re-invigorating the patent system is Congress’s job (Patenthink)

ITC issues notice regarding reduced role of the office of unfair import investigations in Section 337 actions (ITC Law Blog)

Patent Prosecution Highway (Inventive Step)

Patent damages 25% rule is dead (Chicago IP Litigation)

US Patents – Decisions

5th Circuit: Trade secrets and published patent applications: Tewari De-Ox Systems v. Mountain States (Patently-O)

Court of Appeal of Michigan – Malpractice: Failure to thoroughly advise in settlement negotiations: Viking Corp. v. Van Dyke Gardner (Patently-O)

US Patents – Lawsuits and strategic steps

Belwith Products – Defendant’s repeated discovery violations warrant entry of default: Belwith Products, LLC v. Seema Warwick Hardware, Inc., et. al. (Docket Report)

Cree – Cree and Takion add to surge of LED patent litigation (Green Patent Blog)

Cross Match – ALJ Luckern denies motion to reconsider order striking expert testimony in Certain Biometric Scanning Devices (337-TA-720) (ITC Law Blog)

DeGrado – USPTO BPAI to reconsider restriction practice and Markush claims – Ex parte DeGrado (Patently-O)

FURminator, Inc. – Marking U.S. products with foreign patent application numbers may support false marking liability: FURminator, Inc. v. Sergeant’s Pet Care Products, Inc., et. al. (Docket Report)

Graco – ALJ Essex sets procedural schedule in Certain Strollers and Playards (337-TA-762) (ITC Law Blog)

Kaneka – ALJ Rogers sets target date in Certain Polyimide Films (337-TA-772) (ITC Law Blog)

Lockwood – Dispute over proper use of patent reexamination pursued to Supreme Court: Lockwood v. Sheppard, Mullin, Richter & Hampton (Patents Post Grant Blog)

Lux – Similar products sold by unrelated defendants not warrant joinder in patent cases: Rude d/b/a ABT Sys., LLC v. Lux Prods. Corp. (Chicago IP Litigation Blog)

Medtronic – Medtronic’s attacks on Edwards Lifescience’s heart valve patents among reexamination requests filed week of 5/2/11 (Patent Law Practice Center)

Trading Technologies – Pleading constructive knowledge of patents is sufficient to state a claim for indirect infringement, but plaintiff ‘bears the risk, on appeal, that the Federal Circuit will find constructive knowledge is not enough’: Trading Technologies International, Inc. v. BGC Partners, Inc (Docket Report)

US Copyright

After years of copyright law reviewing art, an artist reviews copyright law (IP Whiteboard)

US Copyright – Decisions

Court of Appeals for the 11th Circuit: Employer not liable for copyright infringement by its employee without direct evidence of financial benefit: Klein & Huchman Inc v. CoStar Realty Information Inc. (IP Spotlight)

US Copyright – Lawsuits and strategic steps

Victor Whitmill – If tattoos are copyright protectable, what about breast reconstructions and what is considered fair use? Victor Whitmill v Warner Bros (IP Factor)

US Trademarks

Introducing the Trademarks Dashboard (Director’s Forum)

US Trade Marks – Decisions

TTAB precedential no. 11: TTAB limits Madrid opposition to goods listed on ESTTA Form, but opposer wins anyway: Hunt Control Systems, Inc. v. Koninklijke Philips Electronics N.V. (TTABlog)

TTAB decides KUZ ownership dispute: a Manufacture/Distributor family feud (TTABlog) (Property, intangible)

TTAB finds AMERICAN HERITAGE neither merely descriptive of, nor deceptive for, wines (TTABlog)

Another test of your TTAB judge-Ability: Are CLOUDBANKS and FOGBANK confusingly similar for wine? (TTABlog)

Test your TTAB judge-ability: Are flowers and flower pots related goods? (TTABlog)

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