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General Global Week in Review 17 January 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:

Canadian recording industry to pay $45 million to settle class action over copyright infringement: Baker v Sony (Michael Geist) (TorrentFreak) (ArsTechnica)

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

Reserve your place – rare chance in Melb on 15 March – all 18 of us in one place (IP Think Tank)

What’s YOUR pick for the most brilliant IP Strategy move of all time? (IP Think Tank)

WTO plans talks on geographical indications (IP Watch)

CFO’s: Financial and strategic competitive advantages in intangible assets (Business IP and Intangible Asset Blog)

Success at open innovation requires finding the right partners: Here’s how to improve your success rates (IP Asset Maximizer Blog)

Global Forum on IP: Report 1 (IPKat)

Global – Trade Marks / Brands

Censorship at the INTA (BRAND geek) (Likelihood of Confusion) (TTABlog)

Global – Patents

Unrepresented patent applicants: some in-depth comment (IPKat)


Canadian recording industry to pay $45 million to settle class action over copyright infringement: Baker v Sony (Michael Geist) (TorrentFreak) (ArsTechnica)

Early fallout and confusion from Access Copyright’s interim tariff in the post-secondary sector (Excess Copyright)

Federal support for R&D consultation paper released (Michael Geist)


Foreign trademarks most recognized in China for 2010 (China Law Insight)

China stands out in trademark applications (China Law Insight)

Luxury goods and the ‘China price’ (IP finance)


An EU patent? Proposal for enhanced cooperation (Kluwer Patent Blog)

Epilady, Novartis vs. J&J: Is there a hidden wisdom behind it? (Kluwer Patent Blog)

OHIM: Email ‘alert’ system replaying CTM publication letter from 1 Feb 2011 (Class 46)

European patent validation soon available in Morocco (inovia’s Foreign Filing Blog)


Genuine use – It’s quality that counts, not quantity – Federal Patent Court decision in 28 W (pat) 133/09 (Class 46)


Yet another trouble for Britannia – Kraft Foods files suit against Britannia alleging ‘Treat-O’ cookies are a copy of its ‘Oreo’ cookies (Spicy IP)

TM search free; application fees up (Spicy IP) (Takaoka IP Japan Patent Attorney Library)

Transparency move sounds death knell of a paternalistic section 45 (Spicy IP)


West Bank Arab prevails against Adidas – Four stripe cheap training shoes do not infringe: Adidas-Salomon vs Galel Yassin & Ors (The IP Factor)

Levis successfully sues counterfeit jean importer into Israel; Judge slams Israel Customs for billing Levis for storage and disposal of the jeans: Levi Strauss & Co. vs. Algamal, Alnazer Odeh and The State of Israel Customs & VAT Authority (The IP Factor)


Mozambique’s copyright failing (Afro-IP)


Some thoughts on the risk of confusion – ERAFISH (Class 46)

POSTI saga continues (Class 46)


Rate reduction by the Spanish Patents and Trade Marks Office (Class 46)


Nestlé enforces 3D Nespresso capsule mark in Switzerland (Class 46)

Gucci fails with central attack in Switzerland (Class 46)

United Kingdom

PCC Page 11: Getting your tentacles in a twist (PatLit)

United States

US Patent Reform

Senator Leahy’s remarks on Senate Judiciary’s Innovation Agenda (PatentlyBIOtech) (IPBiz)

Patent re-examination pilot program update (Patents Post Grant Blog)

Patent reform in the 112th Congress (Inventive Step)

George Will on innovation (Patent Docs)

Reintroduced US IP Bill to slay the false marking troll? (Patentology) (America-Israel Patent Law)

US Patents

2010 sees record jump for patents issued in the USPTO (and IBM received almost 6,000 of them) (271 Patent Blog)

Patent grants soar at the USPTO, while the allowance rate remains stable (IAM)

Kappos on USPTO pendency reduction (Maier & Maier)

False patent marking lawsuit update: A tale of successful defense strategy (IP Asset Maximizer Blog)

US Patents – Decisions

CAFC deals with patent law malpractice: Warrior Sports v Dickinson Wright (IPBiz)

CAFC disposes of pro se litigant Pupols: Juris Zanis Pupols v USPTO (IPBiz)

District Court C D California: False marking claim preserves jurisdiction to award attorneys’ fees and declare patent unenforceable: US Rubber Recycling v Encore International (Docket Report)

District Court S D California: Exclusive licensee of patent’s co-owner is not an exclusive licensee of ‘all substantial rights’ in the patent: EBS Automotive v Illinois Tool Works (IP Spotlight)

US Patents – Lawsuits and strategic steps

General Protecht Group – General Protech and Wenzhou Trimone Science & Technology Electric Co., Ltd. file petition for Commission review of limited exclusion order in Inv. No. 337-TA-615 (ITC 337 Update)

Hewlett-Packard – Initial determination terminates Mipo International Ltd. and Shenzhen Print Media Co., Ltd. from Inv. No. 337-TA-730 (ITC 337 Update)

Hewlett-Packard – ITC issues general exclusion order and terminates investigation in Certain Inkjet Ink Supplies (337-TA-691) (ITC Law Blog)

Hewlett-Packard – ITC: Summary determination of no invalidity in Certain Ink Cartridges with Printheads (337-TA-723) (ITC 337 Law Blog)

Monster Cable – False marking plaintiffs’ choice of forum given little deference: Simonian v. Monster Cable Prods (Chicago IP Litigation Blog)

US Copyright – Lawsuits and strategic steps

Rowling, J K – Willy the Wizard fails first leg of Triwizard tournament – US case dismissed (IP Whiteboard) (1709 Copyright Blog)

US Trademarks

The entrepreneurship of trademark bullying (Likelihood of Confusion)

US Trade Marks – Decisions

TTAB precedential no. 48: TTAB enters summary judgment, ruling that res judicata bars cancellation after defaulted opposition: Orouba Agrifoods Processing Company v. United Food Import (TTABlog)

TTAB precedential no. 49: Following first Niagara, TTAB rules that foreign owner sufficiently pleaded use of mark in USA: Petróleos Mexicanos v. Intermix S.A. (TTABlog)

TTAB precedential no. 50: TTAB says consent and license from registrant require reversal of 2(d) refusal of WACKER NEUSON over NEUSON for Machinery –  In re Wacker Neuson SE (TTABlog)

TTAB precedential no. 1: TTAB affirms 2(e)(5) functionality refusal of motorcycle stand design: In re Charles N. Van Valkenburgh (TTABlog)

District Court E D Pennsylvania: An ugly trademark ownership decision: Gemmer v. Surrey Services for Seniors, Inc. (Property, intangible)

US Trade Marks – Lawsuits and strategic steps

Gibson Guitar – Gibson Guitar sues Paper Jamz for trademark infringement: Gibson Guitar v. Paper Jamz (Trademark Blog of the Trademark Lawyer’s Mind)

International House of Pancakes – International House of Pancakes drops trademark infringement action against International House of Prayer over use of IHOP, agreeing to resolve out of court (IP Whiteboard)

P Diddy – P Diddy opposes ‘Ididdy’ headphones (Patent Law IP)

United Black Fund – Has the oldest pending TTAB case reached the end of the line? United Black Fund v. National Black United Fund, Inc (TTABlog)

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