General Global Week in Review 19 Apr 2010 from IP Think Tank

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Highlights this week included:

ACTA text to be released on April 21 (EFF) (Michael Geist) (IPKat) (BLOG@IP::JUR) (Ars Technica) (Public Knowledge)

ECJ on resale rights: the Dali ruling (1709 Copyright Blog) (IPKat) (

Global – General

Who has your IP D? (IP Think Tank)

Building a company culture to fit the knowledge-based economy (Business IP and Intangible Assets Report and Blog)

The elusive agenda for India, Brazil, South Africa summit (Afro-IP)

The trouble with ACTA (Public Knowledge)

Who wants ACTA transparency (and who doesn’t)? (Public Knowledge)

ACTA text to be released on April 21 (EFF) (Michael Geist) (IPKat) (BLOG@IP::JUR) (Ars Technica) (Public Knowledge)

The Wellington Declaration on ACTA: Sign today (Michael Geist)

WIPO, WTO requested to advise on Anti-Counterfeiting Treaty (IP Watch)

Lights, camera, ACTA(ion) – ACTA and NZ law (Spicy IP)

Global – Patents

Value of patents and the endowment effect (IPEG)


Making directors liable in Australia: what must be proved?: Inverness Medical Switzerland GmbH v MDS Diagnostics Pty Ltd & Ors (PatLit)


Coca-Colla drink hits store shelves (IP tango)


Brazil’s IP sanctions threat bears fruit as US compromises in trade dispute (IAM)


Federal Court: No summary expungement of trademark if sublicensing properly documented: Tucumcari Aero, Inc. v. Cassels, Brock & Blackwell LLP (Canadian Trademark Blog)

Federal Court: Stripes applied to toothpaste a registrable trademark: Procter & Gamble Inc v Colgate-Palmolive Canada Inc (Canadian Trademark Blog)


Effect of new China design rules (Class 99)


ECJ on resale rights: the Dali ruling (1709 Copyright Blog) (IPKat) (

General Court: EGLÉFRUIT v UGLI fruit: bulldog with oranges saves the day: Cabel Hall Citrus v OHMI – Casur (Class 46)

Amazon patent up the creek in Europe – EPO Technical Board of Appeal rules subject matter of Amazon’s one-click patent is obvious: T 1616/08 (IPKat)

Hungarian way of the future revision of the trade mark system in the EU (BLOG@IP::JUR)

OHIM, MARQUES affirm support for ‘no boundaries’ policy on CTM genuine use (Class 46)

OHIM Board decision on top dogs (IPKat)

Is it time to get realistic about the EU patent and move on to other things? (IAM)

Ghent fends off German objection to Azalea GI (Class 46)


Bundesgerichthof illustrates principles of unfair competition prohibition on close imitation: LIKEaBIKE decision (Class 99)

Hong Kong

Hong Kong banks sign up to groundbreaking intellectual capital initiative (IAM)


‘Taxman’ imposes service tax on copyright licensing agreements (Spicy IP)

Appropriate office for filing divisional applications? (Spicy IP)

To review or not to review: Can the Central Government review the grant of a patent under Section 66 of the Patent Act 1970? (Spicy IP)

Transparent Kurian illuminates again – Applicant and Patent Office communication open to Public (Spicy IP) (Generic Pharmaceuticals and IP)


Patent Office refuses to allow lapsed design to be reinstated (The IP Factor)

Patent Office refuses to register cigarette box with distinctive opening as trademark (The IP Factor)

‘It’s all for you’ – branding slogans in Israel (The IP Factor)

IPEC; A treatment – therefore not registrable as a trademark (The IP Factor)

Marrocanoil, lacks distinctiveness, being geographical indication (The IP Factor)

Really Italy not registrable as trademark for clothing (The IP Factor)

‘Radio Israel’ – too generic to be protected by trademark (The IP Factor)


No similarity between PRINCE POLO and MARCO POLO trade marks (Class 46)


Serbians put the stamp on GI cooperation with the Swiss (IPKat)


Use of PARMESO on grated cheese infringes PDO PARMIGIANO (Class 46)


Photocopying licences come to Uganda (Afro-IP)

United Kingdom

An expensive loss – EWHC (Pat) decision on non-payment of renewal fees and its consequences: Betson Medical (Ireland) Ltd v Comptroller General of Patents (PatLit) (EPLAW)

EWHC on basis on which pecuniary remedies for breach of obligation of confidentiality are assessed: Vercoe, Pratt and MAS Corporation Limited v Rutland Fund Management Limited and others (IPKat)

Judge cagey about retro-fit patent infringement: Schütz (UK) Ltd v Werit Ltd and Protechna SA (IPKat)

United States
US General

Judge Rader on judging (an interview with Gene Quinn) (Patently-O)

Edward DuMont nominated to the Court of Appeals for the Federal Circuit (Patently-O) (Inventive Step)

New US government report on counterfeit, piracy (IP Watch)

US Patents

Much ado about patent marking: why it is so hard for corporations to get it right and why false marking lawsuits might be a good thing overall (IP Asset Maximizer Blog)

Interpreting claims in an interference: USPTO rules now follow the law (Patently-O)

Reason and rhetoric: patents, grace periods and evidence (IPKat)

US IP trends: Global patent protection in 2010 (inovia’s Foreign Filing Blog)

US design patent law – Stateside spares bill (Class 99)

US Patents – Decisions

CAFC nixes USPTO claim construction for not construing claim term ‘consistent with the specification’: In re Suitco Surface, Inc (Peter Zura’s 271 Patent Blog) (Patent Docs)

District Court N D Illinois grants motion to stay pending resolution of Stauffer v Brooks Brothers appeal: Heathcote Holdings Corp. v Crayola LLC (GRAY on Claims)

District Court S D California: False marking fine calculated as a percentage of the product’s sales price and includes sales of products not falsely marked: Presidio Components Inc. v. American Technical Ceramics Corp (Docket Report)

District Court C D California: Transfer from venue from E D Texas forfeits rights under local patent rules: Aten International Co. Ltd.. v. Emine Technology Co., Ltd. (Docket Report)

District Court E D Texas: In determining proper venue, court ‘declines to scrutinize litigants’ business decisions’ to locate office in the E D Texas: MedIdea, LLC v. Smith & Nephew, Inc. (Docket Report)

District Court Arizona: Defendant precluded from relying on prior art mentioned – but not fully explained – in summary judgment motion: Taser International Inc. v. Stinger Systems, Inc. (Docket Report)

US Patents – Lawsuits and strategic steps

Ferring – Ferring files petition for Supreme Court review focusing on issue of appellate jurisdiction over antitrust claims: Ferring B.V. v. Meijer, Inc (Patently-O)

US Copyright – Decisions

11th Circuit: Copyright owners deliver artworks at their peril – implied license doctrine swallows Copyright Act: Latimer v. Roaring Toyz (Copyright Litigation Blog)

US Trade Marks – Decisions

CAFC affirms TTAB ruling in ML skin care products case: In re Mighty Leaf Tea (precedential) (TTABlog)

TTAB affirms 2(d) refusal of CGL, finding transportation of natural gas related to freight forwarding: In re SeaOne Maritime Corp. (not precedential) (TTABlog)

TTAB affirms 2(d) refusal of CARRERA for welding helmets: In re A.C.E. International Company, Inc (not precedential) (TTABlog)

Test your TTAB judge-ability: Are condoms and vibrators related for 2(d) purposes?: Line One Laboratories Inc v California Exotic Novelties LLC (not precedential) (TTABlog)

ITC: Initial determination finding violation of s 337 (trade mark and copyright infringement) in energy drink investigation based on complaint by Red Bull (ITC 337 Law Blog)



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