General Global Week in Review 18 January 2010 from IP Think Tank

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

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Highlights this week included:

New design law for Serbia (Class 99) (Class 46)

Extension of European patents to Montenegro (EPO) (IPKat)

President Obama calls USPTO case management system ‘embarrassing’ (Anticipate This!)

EU: Ecolabels and the ecology of trade marks – Commission decision concerning establishing ecological criteria for award of Community Ecolabel (IPKat)

South Africa: Western Cape High Court: Attempting to split goodwill from an unregistered mark: Incledon Cape (Pty) Ltd v DPI Plastics (Pty) Ltd (Afro-IP)

Global – General

IP Think Tank – now an iPhone App (IP Think Tank)

UN Report: Indigenous rights ignored in global IP policy (IP Watch)

IP Think Tank podcasts have provided much harmless amusement to many readers and even the occasional educative content (IPKat)

Global – Trade Marks / Brands

Kodak Playsport, EasyShare and Slice: Good product naming for social networkers (Name Wire)

Global – Patents

Patent simulation study indicates that patent protection may not encourage innovation or promote societal wealth – ‘Patents and the Regress of the Useful Arts’ (Patent Docs)

How to keep those customers coming back: patents in a consumer world (IP Osgoode)’s free global patent search engine (Securing Innovation)

Global – Copyright

ACTA confidentiality requirements revisited: is the US the key barrier? (Michael Geist)

Live blogging from World’s Fair Use Day (Public Knowledge) (Public Knowledge) (Public Knowledge) (Public Knowledge) (Public Knowledge) (Public Knowledge)


Australia and New Zealand strengthen collaboration to increase harmonisation of trade mark examination practices (Managing IP)


Leopold Foundation investigation report issued: Austria to investigate Leopold Museum, Victim compensation promised (Copyright Litigation Blog)


INPI is called upon to assist the fight against piracy in Brazil (IP tango)


Ouzaki’s not ouzo, and it’s not Greek either – Commission for Unfair Competition fines Sofia-based Sis over ‘Ouzaki Zorbas’ (Class 46)


ACTA would help bring Canada into the 21st century (Michael Geist)

Canada – EU trade agreement negotiations resume next week (Michael Geist)

Consultation by CIPO on Madrid and Singapore Treaties (Canadian Trademark Blog)

Ambush marketing at the Olympics – the names that cannot be spoken (IPblog)

Limiting extensions of time in examination (Canadian Trademark Blog)

VANOC seeing red over ‘Show Your Colours’ marketing campaign by Scotiabank (Canadian Trademark Blog)


The implementing rules of the Third Amended Patent Law are coming (IP Dragon)

China steps towards IPR protection (China Blawg)

Old issues but new tricks: China uses the UNESCO Cultural Diversity Convention in WTO dispute (IP Osgoode)


The future of trade marks in the EU: OHIM speaks (IPKat)

Extension of European patents to Montenegro (EPO) (IPKat)

EU official confirms that ACTA will change domestic laws (Michael Geist)

Patent lull – European patent litigation (ipeg)

Ecolabels and the ecology of trade marks – Commission decision concerning establishing ecological criteria for award of Community Ecolabel (IPKat)

Audi contests OHIM’s conclusion that the words ‘Vorsprung durch Technik’ are not distinctive because they are seen as an advertising slogan: Audi v OHIM (IPKat)

OHIM contribution to Commission study on European trade mark system now available (Class 46)

Spanish Arzùa-Ulloa cheese and Verde di Bronte pistachios from Sicily get PDO protection in Europe (Class 46)


Importation and local working of patents (Spicy IP)

Patent Office to make updated patent specifications available under Rule 27 (Spicy IP)


Israel Ministry of Justice proposes amendment to Patent Law (IP Factor)

Israel national lottery (Mifal HaPayis) successfully opposes similar trademark (IP Factor)

Designs in Israel (Class 99)


The Polish TIFFANY’s trade marks saga continues (Class 46)


Trade marks of Russian beer can now be used by a Kazakh brewery (Class 46)


New design law for Serbia (Class 99) (Class 46)

South Africa

Western Cape High Court: Attempting to split goodwill from an unregistered mark: Incledon Cape (Pty) Ltd v DPI Plastics (Pty) Ltd (Afro-IP)


Federal Administrative Court: Registration in bad faith no argument in opposition proceedings: Golay Spierer SA v Golay-Buchel & Cie SA (Class 46)


Tanzania Intellectual Property Rights Network (TIP- Net) launched (Afro-IP)

United Kingdom

ASDA fails in its UK trade mark opposition proceedings for PUFFIN POO (IPKat) (IPKat)

EWCA upholds patent on aircraft seating system: Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd (JIPLP)

United States
US General

USTR launches public consultation on Special 301 (Michael Geist) (Spicy IP)

US Patents

President Obama calls USPTO case management system ‘embarrassing’ (Anticipate This!)

USPTO to hold public meeting on January 20th to discuss appeals rules changes (Patent Docs)

Was the Federal Circuit feeling guilty over KSR? Study suggest they were. (271 Patent Blog)

New test for evaluating patentability of algorithms: Ex parte Gutta (Found Persuasive)

False patent marking roulette wheel (Patent Baristas)

Selling goods in the US: the importance of correct patent marking (comparison of US and Australian laws) (Mallesons Stephen Jaques)

US Patents – Decisions

District Court S D Georgia: Stay pending reexam granted prior to PTO’s grant of petition for reexam: E-Z-GO et al v Club Car (Patent Infringement Blog)

ITC issues final determination of no violation by Mitsubishi Heavy Industries with respect to certain General Electric patents in certain variable speed wind turbines (337-TA-641) (ITC Law Blog)

US Patents – Lawsuits and strategic steps

Altair – Plaintiff appeals from summary judgment finding no infringement; Court had refused to consider new infringement theory under doctrine of judicial estoppel: Altair v. LEDdynamics (PATracer)

Eastman Chemical Company – Licensor, sue thy own, for thy secrets – licensor sues licensee for patent infringement and trade secret breach: Eastman Chemical Company v AlphaPet Inc, et al (Patent Baristas)

Hexagon – ALJ Bullock grants joint motion by Hexagon and Nikon Metrology and Metris to terminate the investigation in certain articulated coordinate measuring arms (337-TA-684) (ITC Law Blog)

Sharp Corporation of Japan – Sharp files new 337 complaint against Samsung regarding certain liquid crystal display modules (ITC Law Blog)

US Copyright – Decisions

District Court E D New York: 5 Months is too long to bring prelim motion: Two Kids From Queens Inc et al v J & S Kidswear Inc et al (Trademark Blog)

US Copyright – Lawsuits and strategic steps

Hudgens, Vanessa – Copyright in celebrity ‘self-portraits’? High School Musical star files copyright lawsuit (IP Whiteboard)

MGA Entertainment – It’s not over for MGA’s Bratz Doll line yet – 9th Circuit recently stayed injunction requiring MGA to ensure Bratz dolls no longer on store shelves (IP Law Blog)

US Trade Marks

Tricky Joseph Abboud naming and branding setting trademark law precedents (Name Wire)

US Trade Marks – Decisions

CAFC: Trade dress registration rejected out of habit: The Foundation for a Christian Civilization, Inc. v. Mary Queen of the Third Millennium, Inc. (Patently-O)

Ninth Circuit affirms infringement finding against clothing maker: Quiksilver, Inc. v Kymsta Corp (Seattle Trademark Lawyer)

TTAB affirms refusal to register, ruling DELI EXPRESS and SAN LUIS depicted ‘in such a manner that consumers would not perceive them as constituting a single composite mark’: In re E A Sween Company (not precedential) (TTABlog)

TTAB: Extreme rareness of RENATI as surname leads to 2(e)(4) reversal: In re The House of Terrance Proprietary Limited (TTABlog)

TTAB affirms mere descriptiveness refusal of TITANIUM for kitchen appliances: In re BSH Home Appliances Corporation (not precedential) (TTABlog)

TTAB finds INFUSED CIGARS generic for… guess what?: In re Jonathan Drew, Inc dba Drew Estate (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

National Association of Realtors – NAR alleges local real estate agents wrongly use REALTOR: National Association of Realtors v. Champions Real Estate Services Inc (Seattle Trademark Lawyer)


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