General Global Week in Review 16 Nov 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:

Danish court upholds customs seizure of single fake watch following online purchase (Class 46) (IPKat) (Innovationpartners)

After-the-event design registration won’t spare defendant from infringement claim, says AG: Case C‑488/10 Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamientos SL (IPKat) (Class 99)


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

IAM’s IP Hall of Fame – time to lodge your nominations for 2012 inductees (IP Think Tank)

WIPO report shows growing demand for IP changes face of innovation (WIPO)

Annual licensing and royalty revenues now total $180 billion, says new WIPO report (IAM)

Katonomics 1: An Economic Perspective on IP: The Social Contract Theory of IP (IPKat)

Strategy of being lucky vs. Strategy is everything (Ocean Tomo Insights)

The US, Japan and France dominate new listing of the world’s most innovative companies (IAM)


Global – Trade Marks / Brands

Katonomics 2: An Economic Perspective of IP: The Economics of Trade Marks (IPKat)

How much is a sports sponsorship really worth? (IP finance)


Global – Copyright

Creative Commons at WIPO (Creative Commons)

Past historic 3: Copyright infringement and the tale of St Columba (IPKat)



Top 5: African Nations for PCT Applications (Patent Quality Matters)



Herman Miller and Matt Blatt settle dispute in relation to Blatt’s sales of replica Eames furniture on confidential terms (IP Whiteboard)

IP Australia seeking ‘the next Albert Einstein’ (Patentology)

APO: ‘Stolen’ invention restored to rightful owner: Laurence Clifford Scott v Icon Plastics Pty Ltd (Patentology)



Is here is here! well, almost — the World Cup 2014 Law (IP tango)

Skip the queue, be green! (IP tango)

Discussing the legal framework of IP: an overprotection? (IP tango)

Developing IP ecomonies: Brazil (Patent Quality Matters)



Industrial Property Law bill is in its second stage (IP tango)



2 IP Strategy events in China in the next 2 weeks (IP Think Tank) (IP Dragon)

USPTO and SINO to launch Patent Prosecution Highway Pilot (Foreign Filing Blog)

U.S. military bemoans its China counterfeit problem (China Hearsay)

Key considerations for patent strategies in China (China Law Insight)

The two things you must know when choosing your China brand name (China Law Blog)

How to write a China (CIETAC/BAC) arbitration clause (China Law Blog)

Monday myth busting: IP edition (IP Dragon)

Hu in Honolulu: Reform into open green innovative economy (IP Dragon)

Is American Superconductor fighting Chinese windmills? – American Superconductor sues former customer Sinovel Wind Group (IP Dragon)



Danish court upholds customs seizure of single fake watch following online purchase (Class 46) (IPKat) (Innovationpartners)



A monopoly on patents? Why the location of the Unified Patent Court is an issue (IPKat)

What the European IP world can learn from the Euro crisis (Kluwer Patent Blog)

After-the-event design registration won’t spare defendant from infringement claim, says AG: Case C‑488/10 Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamientos SL (IPKat) (Class 99)

ECJ rules on validity and infringement test under European design law: PepsiCo v OHIM – Grupo Promer (IPEG)

OHIM will apply 10th edition of the Nice Classification (Class 46)

TDI goes to the Court of Justice: Case C-467/11 P (Class 46)

Freedom of interpretation by General Court: Esprit v OHIM, Marc O’Polo (Class 46)

General Court upholds finding of likelihood of confusion between COR and CADENACOR in Cor v OHIM, El Corte Ingles (Class 46)

General Court finds likelihood of confusion between AYUURI NATURAL and AYUUR for identical or similar goods (Class 46)

Beans, liquorice join list of protected designations (Class 46)



English becomes patenting language in Finland (IPR Helpdesk)



Germany switches to the 10th edition of the Nice classification as well … (Class 46)

Should I stay or should I go? – synchronising procedures in Germany’s double-tracked patent litigation (PatLit)

Variations of a ‘variable colour’ mark (Class 46)

Improvement of legal protection in Germany (Kluwer Patent Blog)



A to Z of African official IP websites no.22: Ghana (Afro-IP)



IP enforcement in Iceland (Foreign Filing Blog)



Some thoughts on the DIPP discussion paper concerning reforming organisational structure of the PTO (Spicy IP)

Pages from history: Ambassador Sen’s contributions to the debate on India’s new patent law in the year 2005 (Spicy IP)



A trademark dispute with the Trademarks Office (IP Komodo)



In Israel trademarks, should the list of goods in English prevail? (The IP Factor)

Can one have IP rights such as copyright in a syllabus? (The IP Factor)



KIPO green tech fast track inaccessible for most applicants (Green Patent Blog)



District Court of The Hague finds no infringement: Verachtert v Flex-I-Trans (EPLAW)



Learning how to exploit your GI product (IP tango)



Freedom of speech and property rights – ALLEGRO vs STOP ALLEGRO (Class 46)

When Biển Đông means something – foreign language trademarks (Class 46)


South Africa

Latest passing off decision:Eastern Cape High Court hands down judgment in braai salt case Swartkops See Salt v Cerebos (Afro-IP) (Afro-IP)



Supreme Court guidance on damages calculation: Lely v DeLaval (Kluwer Patent Blog)


United Kingdom

Collection Societies – does the UK – or elsewhere – need minimum standards? (1709 Copyright Blog)

Small claims, big gains: a welcome reform for UK IP litigation – small claims service to be introduced at the Patents County Court (IPKat)

Cadbury mostly defends trade mark rights over purple shaded chocolate packaging (Out-Law)

EWCA (Civ): Costs in discontinued proceedings – Earth Closet orders are flushed away: Fresenius Kabi & Ors v Carefusion (PatLit)

The Fox, the Fish and the Folly: a fable for our times – EWPCC judgment in trademark infringement case Fox International Group Ltd v Jay Folly (IPKat)

Trade in fake goods can be combated with improved supply chain vigilance, IP Crime Group says (Out-Law)

The UK Patent Box proposal: How does it measure up? (Patent Law Practice Center)


United States

US General

Why the US government sets the standard on accounting for intangible assets (IAM)

Office of Policy and External Affairs Fiscal Year 2011 Dashboard Overview (Director’s Forum)

Evan Wallach unanimously confirmed to Federal Circuit (Inventive Step) (Patently-O)

DuMont withdraws; Richard Taranto is next nominee (Inventive Step) (Patently-O) (Patently-O)

USPTO management shake-up continues (Patently-O)


US Patent Reform

Will any patent application be better off under the America Invents Act? (PharmaPatents)

Harmony with the rest of the world? The America Invents Act (JIPLP)

Post-grant oppositions under US patent reform (IP Watch)

A critical analysis of the inter partes review statute (GRAY on Claims)

Maintaining rights to an application under the first to invent laws – a.k.a. avoiding the AIA § 3(n)(1) trap (Patent Law Practice Center)

General litigators to practice before the new Patent Trial & Appeal Board? (Patents Post-Grant)

USPTO finalizing post grant rule packages (Patents Post-Grant)


US Patents

Where will the next satellite patent office be located? (Maier & Maier)

What effects are patent reform measures having on the number of parties and patent cases being filed? (Docket Report)

Clean tech in court: green patent complaint update (Green Patent Blog)


US Patents – Decisions

CAFC denies rehearing en banc for Retractable Technologies v. Becton, Dickinson and Co (GRAY on Claims)

CAFC construes claim term consistenly with the object of the invention: Stone Strong, LLC v. Del Zotto Products of Florida, Inc. (GRAY on Claims)

CAFC ducks question of federal mediation privilege: Kimberly-Clark Worldwide v. First-Quality Baby Products (Patently-O)

CAFC affirms in Tianrui appeal (2010-1395) (ITC 337 Law Blog)

Therasense: Encouraging intentional deception? – CAFC judgment in Powell v Home Depot (Patently-O) (IPBiz)

BPAI agrees with examiner’s broadest reasonable interpretation of “disposed thereon”: Ex Parte Newby (GRAY on Claims)

District Court W D Wisconsin: Novozymes wins $18 million jury verdict in biofuels enzyme patent suit: Novozymes v Danisco (Green Patent Blog)

ITC: ALJ Rogers denies motion for temporary relief in Certain Muzzle-Loading Firearms (337-TA-777) (ITC 337 Law Blog)


US Patents – Lawsuits and strategic steps

General Electric – Is GE’s wind patent portfolio sustainable without future licensing? (Green Patent Blog)

Remy International – ALJ Rogers denies motion for summary determination in Certain Starter Motors and Alternators (337-TA-755) (ITC 337 Law Blog)

Remy International – ALJ Rogers grants motion to terminate investigation as to Metric Sales & Engineering in Certain Starter Motors and Alternators (337-TA-755) (ITC 337 Law Blog)

Westinghouse Solar – ITC institutes investigation (337-TA-811) regarding Certain Integrated Solar Power Systems (ITC 337 Law Blog)


US Trademarks

Prof. Gordon Thompson questions TTAB’s CAVERN CLUB decision (TTABlog)

USPTO news: TEAS version 4.9 to be deployed on November 19th (TTABlog)

A strategy to consider in registering trademarks on a budget (TTABlog)


US Trade Marks – Decisions

TTAB dismisses cancellation petition on contractual estoppel ground: Marie Claire Album, S.A. v. Bata Brands S.A.R.L. Luxembourg, Succursale de Lausanne (TTABlog)

Court rules that 1071(b) civil action for review of TTAB decision was timely filed: Tovaritch Spirits Int’l S.A. v. Luxco, Inc (TTABlog)

District Court N D Illinois: Consent judgment enjoins defendants’ use of its own initials: The Counselors of Real Estate v. Masters Commercial Real Estate, Inc. (Chicago Intellectual Property Law Blog)

Test your TTAB judge-ability on these two house marks for construction services: In re Frangeli Consulting, Inc. (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Cement-Lock – Lanham Act case settles after jury verdict: Cement-Lock v Gas Tech. Institute (Chicago Intellectual Property Law Blog)

Glassybaby – Glassybaby appeals trade dress dismissal, then apparently settles: Glassybaby LLC v. Northern Lights Enterprises Inc. (Seattle Trademark Lawyer)

Louboutin – Tiffany & Co files amicus brief in support of Louboutin’s appeal against decision dismissing its application for an injunction against Yves Saint Laurent (IPKat)

Mag Instrument – CAFC hears oral argument in Mag Instrument v. Brinkmann appeal re functionality (TTABlog)

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