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General Global Week in Review 19 Oct 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:

USPTO rescinds patent claim and continuation rules (IP Spotlight) (Patently-O) (Filewrapper) (Technology Transfer Tactics) (Inventive Step)

ECJ: Diesel ruling affirms that exhausting still trumps trademarks, but consent must be unequivocal: Makro Zelfbedieningsgroothandel CV, Metro Cash & Carry BV and Remo Zaandam BV v Diesel SpA (Class 46) (IPKat)

Global – General

Excavate your fossils to make your reservation – is IP lost in translation? (IP Think Tank)

IP Hall of Fame – your chance to nominate (IP Think Tank Blog) (Patent Baristas) (IAM)

LexisNexis: semantic search patent research (Securing Innovation)

Global – Patents
What makes for good patent due diligence? (IP Frontline)

Patent litigation demand over the next 12 months looks flat in the US and UK according to Fulbright & Jaworski’s 6th Annual Litigation Trends Survey (IAM)

L-RAMP – The role of patent law in the public interest (IP Frontline)

Beware of bogus patent analytics: forward citation analysis leads to false conclusions about significance of client’s patent (IP Asset Maximizer)

Recent fee increases for foreign patent offices acting as ISA for the PCT (Patent Docs)


Africa must nurture home-grown brands (Managing IP)


Green patent power: Griffith Hack report analyses hybrid car patents (Green Patent Blog)

Patent litigation and the reporting of forward expectations – Australian Appeals Court lifts temporary injunction against Smith & Andrew temporary foam dressing kit (PatLit)


Rio 2016: here’s the original text of the Olympic Act (IP tango)

Rio 2016: Wikipedia as a source (IP tango)


Professor Jeremy de Beer criticises recent court rulings on patent disclosure (Pharmacapsules@Gowlings)

The great Olympic sweater debate (IPblog)

Towards a parody consensus (Excess Copyright


Murdoch, Procrustus and the WTO copyright cases (IP Dragon)

Is Coffee-Mate a generic term for Coffee? (IP Dragon)


Denmark’s new transfer pricing IP valuation guideline (IP finance)


ECJ: COLOR EDITION – the A-G delivers his opinion on the application by Lâncome: Lancôme v OHIM and CMS Hasche Sigle (Class 46)

ECJ: Diesel ruling affirms that exhausting still trumps trademarks, but consent must be unequivocal: Makro Zelfbedieningsgroothandel CV, Metro Cash & Carry BV and Remo Zaandam BV v Diesel SpA (Class 46) (IPKat)

CFI: KINDER vs TIMI KINDERJOGHURT: No res judicata, but that’s where the similarity ends: Ferrero SpA v OHIM (IPKat) (Class 46)

EPO introduces time limit for filing divisional applications (IP Frontline)

OHIM and WIPO meet in Spain to discuss cooperation on classification issues (Class 46)

EU prepares a new Intellectual Property rights strategy (IP Watch)

Darjeeling tea almost GI in the EU (Spicy IP)

Notice concerning amendments to the Implementing Regulations to the European Patent Convention – New rule 62a EPC (EPO)


Germany speeds up patent proceedings, remaining EU jurisdiction of choice (IP Expert Group)


Spicy IP Tidbits of Marlboro and Montblanc (Spicy IP)

Revlon fashions a TM trump before Delhi High Court (Spicy IP)


Industrial Property Tribunal rules that ARIPO patents cannot be revoked in Kenya: Chemserve Cleaning Services Ltd v Sanitam (EA) Services Limited (Afro-IP)


WIPO Director General applauds Lebanon’s IP efforts (IP Frontline)


Is it a patent, is it a copyright, is it a morals rights dispute? Sidemans and Company Nigeria Limited v Calag Capital Limited (Afro-IP)


Personal circumstances in trade mark registration (Class 46)

South Africa

FIFA v Metcash trade mark case – Owen Dean’s response (Afro-IP)

South Africa 1 – Ambush Marketers 0: legal framework to help FIFA and 2010 World Cup sponsors protect their rights (Managing IP)


New developments in Swiss patent law (IP Frontline)

Federal Administrative Court finds PARK AVENUE not descriptive for publications (Class 46)


Tanzania’s IP changes are good for business (Managing IP)


Thailand becomes PCT Member State (Patent Docs)

United Kingdom

Corn flakes, corn fakes and a new concept in branded breakfast cereals (IPKat)

United States
US General

USPTO and ARIPO sign bilateral cooperation agreement (Patent Docs)

Kappos to speak at ACCA 2009 annual meeting in Boston (271 Patent Blog)

US Patent Reform

USPTO rescinds patent claim and continuation rules (IP Spotlight) (Patently-O) (Filewrapper) (Technology Transfer Tactics) (Inventive Step)

Kappos starts to tackle the 700,000 patent backlog (IPKat)

USPTO proposes changes to count system (Patent Docs) (Patent Baristas)

Locke Commerce Dept pushing early statutory patent reform (IP Frontline) (Patent Docs) (Technology Transfer Tactics)

US Patents – Decisions

BPAI finds claims indefinite and not directed to patentable subject matter under Bilski: Ex parte Hemmat (Gray On Claims)

District Court E D Texas: Motion to dismiss resolved in patent infringement plus case: Ola, LLC v Builder Homesite, Ltd (

US Patents – Lawsuits and strategic steps

Datatern – Foley tries turning tables on Spangenberg (Patent Litigation Weekly)

Rothschild, Prof Gertrude Neumark – Sony Ericson settles ITC patent suit with LED Professor (Green Patent Blog)

Toyota – Toyota’s alleged infringing patents may block imports to the US – ITC to investigate Toyota following complaint by Paice (IPKat)

US Trade Marks – Decisions

ITC finds in favour of Phillip Morris issuing general exclusion order directed to gray market cigarettes bearing the Marlboro, Virginia Slims and Parliament trade marks (ITC 337 Law Blog)

TTAB: Is SCENT STRIPES merely descriptive of plastic garbage bags?: In re Intellectual Property Development Corporation Pty Ltd (not precedential) (TTABlog)

TTAB sustains Nike’s Section 2(e)(2) opposition to B-MORE for clothing: Nike, Inc v Gregory A Bordes (not precedential) (TTABlog)

TTAB reverses section 2(E)(2) refusal of CATALINA ISLAND GRANOLA: goods/place association lacking: In re Zeller (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Cold War Museum – CAFC holds argument in appeal from THE COLD WAR MUSEUM cancellation: The Cold War Museum, Inc v Cold War Air Museum, Inc (TTABlog)

Tavern on the Green – $19 million trade mark awakens the City of New York (IPKat)

US Olympic Committee – Chicago Tribune reports on USOC’s enforcement efforts in the Windy City (Seattle Trademark Lawyer)


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