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

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

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.


Highlights this week included:

Full ACTA leaks again: Updated to Lucerne round (Michael Geist) (ArsTechnica) (IP:JUR) (IP Watch)

Ninth Circuit Court of Appeals guts ‘first sale’: Costco v Omega (ArsTechnica)



Global – General

Bilksi, rising Asian IP sophistication and European patent harmony – Podcast 8 July 2010 (IP Think Tank)

Chief Intangible Asset Officer: Has the time come? (Business IP and Intangible Asset Blog)


Global Trade Marks / Brands

The branding Summer of our content and discontent (IPKat)

Brands and obesity: How do innovation and regulation fit in? (IP finance)

Global Patents

So you want to attack an invalid PCT application… (Patentology)


Global – Copyright

Next rounds of ACTA talks – DC and Japan (Michael Geist)

Full ACTA leaks again: Updated to Lucerne round (Michael Geist) (ArsTechnica) (IP:JUR) (IP Watch)

ACTA coming down to fight between US and Europe (Michael Geist)

Pirate Party MEP forced to leave ACTA meeting (TorrentFreak)

Weatherall on the key developments in latest ACTA draft (Michael Geist)

Intellectual Property Owners oppose anti-counterfeiting agreement (Public Knowledge)

The funny side of intellectual property – new paper ‘Intellectual Property Norms in Stand Up Comedy’ (1709 Blog)



If infringement can recur, an injunction is not just theoretical (IP tango)



‘Whiskas’ purple: Mars Australia Pty Ltd (formerly Effem Foods Pty Ltd) v Société des Produits Nestlé SA (ipwars)

Innovation patents flop like stunned mullet (Patentology)

‘Come On Aussie Come On’ (that’s a trade mark too) (IP Whiteboard)

Foo Fighters box on with Australian copyright claim (IP Whiteboard)



Indspec v. Sumitomo Bakelite Europe / wilful infringement (EPLAW)



Another one for Brazil: this time is not a goal (IP tango)



Copyright Board issues commercial radio decision (Michael Geist)

Canada at the ACTA negotiations: Canadian proposals in the current draft (Michael Geist)



Chile IP reform in focus (IP tango)



Six ways to protect your China IP. No lawyer involved. (China Law Blog)



ACTA in secret reading room for EU Parliament (IP Watch) 

Battle lines drawn on ACTA: EU Commissioner says scope is ‘Red Line’ for treaty (Michael Geist)

ACTA briefing by De Gucht in the European Parliament (Knowledge Ecology International)

EU expresses anger over US ‘Hypocrisy’ on ACTA (Michael Geist)

EU Commission unveils latest Patent Reform proposal (Patent Docs) 

The aura of luxury and the Court of Justice ruling in Copad SA v Christian Dior Couture SA (Class 46)

Becker match goes to a fifth set: Barbara Becker v Harman International Industries, Inc., Office for Harmonisation in the Internal Market (IPKat)

New referral to the EBO: until when can a correction under Rule 140 be requested? (G 1/10) (IPKat)

Another referral to the EBO, allowability of disclaimers (G 01/03) (IPKat)

EPO: English version of notice concerning communications under amended Rule 161 EPC (IPKat)

Eased patent translation requirements proposed in Europe (Inovia IP) (Patentology)

Bloggers or Blaggers? Stalkers or Leakers? Have OHIM stolen Europe’s auto secrets? (Class 99)

Latest GI registrations cover basil, beans and honey (Class 46)



Board of Appeal taking strict line with surname trade marks (Class 46)

Customs seized batch of watches worth 12 million Euros (Class 46)



German Parliament Members seek limited patent terms in EU-India FTA (IP Watch)

Document Security Systems’ patent out of the money in Germany, too – Bundesgerichtshof declares patent invalid (IPKat)

Lichtbogenschnürung (Electric arc lacing) pretrial proceedings for preserving eveidence (EPLAW)  

Suspension of compulsory execution: a shift in German practice? (PatLit)

Some culinary IP news… from Germany – potential trade mark battle between McDonalds and butchers’ guild over ‘Nürnburger’(IPKat)

Use of PARMETTA for a seasoning infringes PDO PARMIGIANO REGGIANO (Class 46)

Octopus Paul trade marks (Class 46)



IPO notice tries to decode TM classification tangle (Spicy IP)

Reliance challenges the constitutionality of service tax on copyright transactions: Sale or Service? (Spicy IP)

Patent grant dates and serial oppositions: A timely clarification (Spicy IP)



Court of Appeal The Hague finds invalidity for lack of inventive step: Clyde Bergemann v. Magaldi (EPLAW)

District Court The Hague finds plaintiff’s amended claims cannot be basis of seizure: Newell Rubbermaid v. Vermop Salmon (EPLAW)  



Dissimilarity of 3D trade marks (Class 46)



Where is the distinctivity in mixed trade marks? The Spanish CTM Court no. 1 has an answer to that. (Class 46)



Some culinary IP news… from Sweden (IPKat)



Taiwan and mainland sign IPR Protection Co-operation Agreement (China Law Blog)


United Kingdom

Trademark for IP TRANSLATOR refused by the UK IPO (IP Factor) 

(Non-) British brands (Class 46)

EWHC (Ch): Added matter, intermediate generalisation and a good day for cricket: Fosroc International Ltd v WR Grace & Co.-Conn (IPKat) (EPLAW)

EWHC (Ch): All threats, no action…: Best Buy Co Inc and another v Worldwide Sales Corporation Espana SL (IPKat)


United States 

US General

California’s Trade Secret disclosure statute doesn’t apply in Federal Court – or maybe it does (IP ADR Blog)

US Patents

USPTO wants to change restriction practice (Patent Baristas)

The post-Bilski landscape: Why some tried, but failed, to ban ‘business method’ patents (Prior Art)

US Patents – Decisions

CAFC: Guidance on issuing inequitable conduct opinions while Therasense v. Becton, Dickinson is pending en banc: Advanced Magnetic Closures v. Rome Fastener (Patently-O)

CAFC: En Banc request denied on issue of inequitable conduct by non-inventor CEO: Avid ID v. Crystal Import (Patently-O)

Ex Parte Proudler – First BPAI decision citing Bilski v. Kappos (Awaken IP)

District Court N D Illinois: False marking claims not barred by earlier-filed case involving the same clients: Simonian v. Hunter Fan Co. (Docket Report)

District Court N D Illinois: Evidence of marking required for constructive notice: Von Holdt v. A-1 Tool Corp. (Chicago IP Litigation Blog)

US Patents – Lawsuits and strategic steps

Radiodetection – ITC institutes investigation (337-TA-727) regarding certain underground cable and pipe locators (ITC Law Blog)

US Copyright

Bill H.R. 5704 would curb access to Government works (Public Knowledge)

Copyright termination: How authors can reclaim their copyrights (IP Osgoode)

US Copyright – Decisions

Ninth Circuit Court of Appeals guts ‘first sale’: Costco v Omega (ArsTechnica)

US Copyright – Lawsuits and strategic steps

Costco – EFF, Public Knowledge urge Supreme Court to uphold first doctrine (Electronic Frontier Foundation) (Public Knowledge) (Public Knowledge)

Scholastic Books – Willy The Wizard v Harry Potter – Estate of Adrian Jaocobs files suit over publication of ‘Harry Potter and the Goblet of Fire’ (Trademark Blog)

Warner Bros – Porn purveyors claim fair use in record labels’ lawsuit (ArsTechnica)

US Trade Marks – Decisions

CAFC affirms TTAB’s OUTDOOR KIDS cancellation dismissal (not precedential) (TTABlog)

Precedential No. 30: TTAB strikes counterclaim allegations based on ex parte prosecution errors, but okays section 10 abandonment claim: Flash & Partners S.P.A. v. I. E. Manufacturing LLC (TTABlog)

District Court N D Illinois: Letter sent outside Illinois cannot create Jurisdiction: Alta Mere Indus., Inc. v. DBC Window Tinting, Inc (Chicago IP Litigation Blog)

US Trade Marks – Lawsuits and strategic steps

10th Avenue Hospitality Group – MARQUEE Nightclub in NY v. MARQUEE Restaurant in KC (Trademark Blog)

Chippendales – CAFC hears oral argument in Chippendales’ ‘Cuff & Collar’ appeal (TTABlog)

Lady GaGa – Lady GaGa protects her trademark and sues knockoff merchandisers: Bravado v John Does (Trademark Blog of the Trademark Lawyer’s Mind)

Stoller Pension and Profit Sharing Plan – Stoller’s new STEALTH application getting close USPTO attention (TTABlog)

Talking Rain Beverage Co – Bottled water company alleges ‘Cascade Ice’ infringes its mark for ‘Sparkling Ice’ (Seattle Trademark Lawyer)

Toyota – Ninth Circuit gives victory to pro de defendants fighting against Toyota (Las Vegas Trademark Attorney) (Seattle Trademark Lawyer)

Vienna Beef – Vienna Beef sues Chicago restaurant for counterfeiting and false advertising: Vienna Beef, Ltd. v. Freddy’s Fast Food, Inc. et al (Vegas Trademark Attorney)


Is Zambia first-to-file only? (Afro-IP)

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