General Global Week in Review 18 May 09 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:

China and UK to fast track green patent applications, according to British IP minister (IAM) (IPKat) (Intellectual Property Watch)

Golan case may put US in violation of international copyright treaties (Intellectual Property Watch)

Taylor Wessing releases Global IP Index 2009 (IP Think Tank) (Managing Intellectual Property) (IP Dragon) (IAM)

Global – General

The Global Intellectual Property Index 2009 – IP Think Tank podcast, 13 May (IP Think Tank)

Taylor Wessing releases Global IP Index 2009 (Managing Intellectual Property)

Five steps for the IP world to take the press seriously (Tangible IP)

Seven names said to be chosen for top WIPO posts (Intellectual Property Watch)

‘Fix your broken IP structures’ by A Watson and J Hatcher (Tangible IP) (IP Asset Maximizer Blog)

When you say IP, what do you mean? (Tangible IP)

Is Microsoft good for innovation? (Securing Innovation)

Why blog about intellectual property? BIO Policy Briefing raises the IP social media question (PatentlyBIOtech)

WTO’s Lamy continues engagement on IP issues (Intellectual Property Watch)

Global – Trade Marks / Brands

Five reasons not to file a trade mark (IP Think Tank) (China Hearsay)

International trade mark registrations top one million (WIPO) (Managing Intellectual Property)

Branding, innovation and premium pricing: the Procter & Gamble challenge (IP finance)

Global – Patents

Interview with Joe Scott about (IP Think Tank)

Patents as the wrong kind of signal (Tangible IP)

An annual report for technology? (IPEG)

USPTO reform at WIPO: New PCT procedures being proposed for PCT II (Peter Zura’s 271 Patent Blog)

WIPO Patent Cooperation Committee to proceed with study of PCT with constraints (Intellectual Property Watch)

Developing a foreign filing strategy (Intellectual Property Watch)

Want to obtain patents to protect you from competitors knocking off your innovative products or technology? It’s easy – don’t be ‘selfish’ (IP Asset Maximizer Blog)

Global – Copyright

Brazil to submit World Blind Union proposal to WIPO (Michael Geist)

WIPO move to address blind access to information: Public Knowledge response to MPAA – Securing human rights does not harm copyright (Public Knowledge)

Panel: Public domain fosters innovation, more limitations and exceptions needed (Intellectual Property Watch)


Argentina copyright case brings access to education into the spotlight – Philosophy professor sued for copyright infringement for posting translated version of Derrida work on website (Intellectual Property Watch) (At Last… the 1709 Copyright Blog)


Annual Nicholas Weston ‘tattooed brands’ global survey 2009 results (Australian Trade Marks Law Blog)

 Australia sees jump in green patents and eco-mark applications (Green Patent Blog)


Online search of PTO database to determine patent expiry dates available since 5 May 2009 (IP tango)


Federal Court of Appeal distils wisdom from Vodka trade mark appeal: SC Prodal 94 SRL v Spirits International BV (Canadian Trademark Blog)

Federal Court of Canada: Limited evidence of use on section 45 proceeding: Brouilette Kosie Prince v Great Harvesting Franchising, Inc (Canadian Trademark Blog)

Auditor General releases report on managing IP within the federal government (Michael Geist)

CIPO five year strategic plan (IAM)

Lofgren ‘very nervous’ about ACTA (Michael Geist)

European Commission launches public consultation on Canadian IP laws ahead of FTA negotiations (Michael Geist) (Excess Copyright)

University of Calgary Library adopts Open Access mandate (Michael Geist)

Justice Vancise reappointed to Copyright Board (Excess Copyright) (Michael Geist)


Taylor Wessing Global Intellectual Property Index 2009 and China: The last shall be the first (IP Dragon)

American Chamber of Commerce gives Chinese government recommendations about copyright law, trade mark law and patent law (IP Dragon)

Business leaders’ advice on succeeding in China: IPR, IPR and IPR (IP Dragon)

Hon Hai Precision Industry Co versus Build Your Dreams: IPR infringement or malicious attack by rival? (IP Dragon)

China and UK to fast track green patent applications, according to British IP minister (IAM)

China IP protection. ‘It’s getting better all the time…’ (China Law Blog)


ECJ finds similar marks on wine and glasses not likely to cause confusion: Waterford Wedgewood plc v Assembled Investments (Proprietary) Ltd, OHIM (Class 46) (IPKat)

AG Colomer opines in Maple leaf trade mark battle: joined cases American Clothing Associates SA v OHIM and OHIM v American Clothing Associates SA (IPKat) (Excess Copyright)

CFI: Restitutio and time limits: how does the law stand now for CTMs?: Omnicare, Inc v OHIM, Astellas Pharma GmbH (Class 46)

CFI delivers judgment in case concerning ability of designer who assigns business and related IP to another company, to object when the company tries to register his name as a CTM: Elio Fiorucci v OHIM (IPKat)

CFI: Good faith irrelevant when selling non-misleading sausages: Alberto Severi, in his own name and representing Cavazzuti e figli SpA, now known as Grandi Salumifici Italiani SpA v Regione Emilia-Romagna (IPKat)

CFI clarifies who may apply for renewal of a CTM: Jurado Hermanos v OHIM (Class 46)

OHIM finds HAPPY SANDWICH confusingly similar to HAPPY (but is either of them distinctive?) (Class46)

EPO begins search for new president; ability and not politics should decide the next president of the EPO (Managing Intellectual Property) (IAM)

No comment from the President – Alison Brimlow declines IAM interview (IAM)

European Patent Forum: EPO looks to future technologies, 2010 leadership (Intellectual Property Watch)

Interview with OHIM President Wubbo de Boer (Class 46)

Further news concerning the EU project ‘enhancing the patent system in Europe’ (BLOG@IP::JUR) (PatLit)

More on business method patents in Europe (IAM)

The IP ecosystem in Europe: IP generation, utilisation and anti-utilisation (Tangible IP)

Lapin Poron liha PDO: Finns and Swedes make peace over labelling of Lapland reindeer meat (Class46)

Znojemské pivo obtains Protected Geographical Indication status (Class 46)

Bleu du Vercors-Sassenage PDO specification amended (Class 46)

New applications for PGI protection: TRUSKAWKA KASZUBSKA or KASZËBSKÔ MALËNA for Polish strawberries; MARRONI DEL MONFENERA for fresh chestnuts from Italy; INSALATA DI LUSIA for an Italian lettuce; CORNISH SARDINES; FORMAGGIO DI FOSSA DI SOGLIANO for cheese  (Class 46) (Class 46)


‘Obama’ trade marks – the DPMA’s statement (IPKat)


Brand loyalty in crisis and private label on the rise in Greece (Class 46)

Hong Kong

Two encouraging surveys on public awareness and business attitudes of IP rights in Hong Kong (IP Dragon)


Indian Patent Office categorises examiners and controllers into technology groups (Patent Circle)

Consumers International rates India at no 1 for consumer friendly copyright laws (Spicy IP)

The merger of idea and expression – idea-expression dichotomy in case of yoga (IP Frontline)

Ramkumar’s lawyer threaten ‘defamation’ action following Spicy IP’s coverage of ‘dual sim’ patent litigation (Spicy IP)

News on the progress of Indian GIs and GI applications: ‘Banarasi’ sarees; ‘Basmati’ rice; products originating from Jammu and Kashmir; ‘Kullu’ shawls (Spicy IP)

Claim construction I (Spicy IP)

The ‘IP’ in the IPL (Spicy IP)


Japan leads electric vehicle patent filings (Green Patent Blog)


Use of MONT BLANC on cigarettes not harmful to MONTBLANC stationery products in Latvia (Class 46)


Copyright agreement constitutes consent to name trade mark: RS v UAB (International Law Office) (At Last… the 1709 Copyright Blog)


Malaysian Court of Appeal: McDonald’s does not have a monopoly on prefix ‘Mc’: McCurry Restaurant v McDonalds Corporation (IPKat) (The Trademark Blog) (International Law Office

New Zealand

Trademarks (International Treaties and Enforcement) Amendment Bill – One step closer to international IP treaties (International Law Office)


District Administrative Court finds 600 cannot function as a trade mark (Class 46)

Open education and open science in Poland (Creative Commons)

San Marino

San Marino accedes to European Patent Convention (EPO)

South Africa

More about the Merchandise Marks Act (Afro-IP)

DTI: Counterfeit costing over R2 billion annually in lost revenue (Afro-IP)


Swiss Federal Supreme Court rules on protectability of pure melody trade mark (Class 46)


Uganda IP Office gets automated using WIPO’s IPAS (Afro-IP)

United Kingdom

Taylor Wessing Global IP Index 2009 ranks UK the world’s #1 IP jurisdiction (IAM)

China and UK to fast track green patent applications, according to British IP minister (IAM) (IPKat) (Intellectual Property Watch)

IPO’s Litigation Manual gets a spring clean (PatLit)

Brands get aggressive in the downturn, according to survey of UK businesses (Managing Intellectual Property)

Jackson Report: expensive litigation in England and Wales: the latest initiative – and how it affects patents (PatLit) (Managing Intellectual Property)

United States
US General – Decisions

California Supreme Court broadly interprets California Business and Professions Code to further prohibit employee noncompetition agreements which seek to prevent former employee from working for a competitor: Raymond Edwards II v Arthur Andersen (Intellectual Property Law Blog)

US Patent Reform

Congressional Budget Office: Patent Reform Act will cost $3 million (Patent Baristas)

Defensive patenting and deferred examination: Lessons from the German Patent Office (Peter Zura’s 271 Patent Blog)

More on House Patent Reform Hearing (Patent Docs)

IBM seeks patent on time management of meetings – patent quality and Kappos as potential USPTO Director (IP Watchdog)

US Patents

IPO releases list of top 300 patent holders for 2008 (Patent Docs)

PTO publishes Rules Agenda for 2009 (Inventive Step)

USNews top IP programs (Patently-O)

Office of Patent Quality and Assurance (Just an Examiner)

Justice Souter to retire from Supreme Court (Inventive Step)

Interview with the Acting Commissioner for Patents (IP Watchdog)

Charity begins at home – don’t contribute to infringement (Intellectual Property Directions)

US patent quality debate, let he is without sin cast the first stone (IAM)

US Chamber of Commerce and business leaders to launch Innovation, Development & Employment Alliance (IDEA): Strong IP is essential for green innovation (Green Patent Blog)

Judge Michel’s FTC hearing keynote address – ‘junk patents’, damages, trolls and the PTO (Peter Zura’s 271 Patent Blog) (IP Asset Maximizer Blog)

US Patents – Decisions

BPAI precedential opinion: The nexus for obviousness and nonobviousness: Ex parte Jellá (Patently-O)

CAFC: Design patent law: the new ordinary observer test: Sofpool v Intex Recreation Corp (not precedential) (Patently-O)

District Court W D Texas: Akin Gump loses 472.6 million in patent malpractice case: Air Measurement Technologies v Akin Gump Strauss Hauer & Feld (IP Watchdog)

District Court N D Illinois: Claim constructions should not use ‘consisting of’ lightly: SRAM Corp v Formula SRL (Chicago Intellectual Property Law Blog)

District Court Delaware: Automatic assignment or agreement to assign?: St Clair Intellectual Property Consultants, Inc v Palm, Inc (Property, intangible)

District Court E D Texas quadruples ongoing royalty for Toyota’s infringing hybrids: Paice v Toyota (Green Patent Blog)

District Court New Jersey: Mars gets $27 million payout on 20 year patent suit against Coin Acceptors (IP Frontline)

District Court W D Missouri dismisses Mizzou patent suit against Prof Suppes for lack of subject matter: University of Missouri v Galen J Suppes et al (Green Patent Blog)

District Court Colorado lets 24% royalty stand in damage calculations: Wyers v Master Lock (Peter Zura’s 271 Patent Blog)

US Patents – Lawsuits and strategic steps

Lutron Electronics – ITC launches investigation based on Lutron’s allegation that Universal Smart Electric is importing/selling patent infringing lighting control devices (ITC 337 Law Blog)

US Trade Secrets – Decisions

Court of Appeal for the Second Appellate District rejects anti-SLAPP motion in trade secrets/16600 case: World Financial Group v HBW Insurance & Financial Services (Intellectual Property Law Blog)

US Copyright

Golan case may put US in violation of international copyright treaties (Intellectual Property Watch)

University of Oregon Library faculty research to become more open (Creative Commons)

US Copyright – Decisions

District Court dismisses MGA application to reduce damages and implements order to bar MGA from making or selling Bratz dolls (

US Trademarks

‘Privatising Trademarks’ by Irina D Manta reviews effect of (monopolistic) USPTO on the way trade marks promote a competitive and productive marketplace (Class 46)

TTABlog comment on TTAB fraud jurisprudence: Medinol Ltd v Neuro Vasx, Inc; University Games Corp v Inc; Hachette Filipacchi Presse v Elle Belle, Inc (TTABlog)

US Trade Marks – Decisions

Court of Appeals for the District of Columbia affirms that complainant’s case cannot go forward for delay in launching a challenge Redskins’ mark: Pro Football v Harjo (IP Watchdog)

10th Circuit: When product resales constitute trade mark infringement: Beltronics v Midwest Inventory Distribution (The IP Law Blog)

TTAB re-designates Zanella v Nordstrom fraud ruling as precedential (TTABlog)

TTAB: Lacking proof that cosmetics and medicated lotions are related, TTAB tosses out 2(d) refusal of REVIVE WITH THI: In re Daniel T Phuoc (not precedential) (TTABlog)

2007 TTAB precedential decision rejects belated supplemental discovery responses: Quality Candy Shoppes/Buddy Squirrel of Wisconsin v Grande Foods (TTABlog)

TTAB affirms descriptiveness refusal of SILICON ULSTRASOUND: In re Siemens Medical Solutions USA, Inc (not precedential) (TTABlog)

TTAB: Board sustains opposition to LAM for rum based on previous registration of LAMB’S for rum: Corby Distilleries Limited v Augusto Ramon Lopez, Eva Maria Lopez and Maximo Ignacio Lopez (not precedential) (TTABlog)

Tip from the TTABlog: Don’t use the applied-for-mark descriptively in the identification of goods: In re epcSolutions, Inc (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Adidas – Adidas sues Topline over stripes and shoe design (Seattle Trademark Lawyer)

Cytosport – MUSCLE MILK enjoins MUSCLE POWER trade dress: Cytosport v Vital Pharmaceuticals (The Trademark Blog)



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