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General Global Week in Review 2 May 2011 from IP Think Tank

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

 Highlights this week included:

USPTO budget reductions halt fee-based prioritized examination (Track I) and other programs (Patent Law Center) (Patent Docs) (IP Directions) (Inovia) (Maier & Maier) (Inventive Step)

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.


Global – General

Invent for Humanity – are you in or out? (IP Think Tank)

Mismanaging IP outsourcing (no in 27 in our list of IP mistakes) (IP Think Tank)

New initiative to shed light on global IP valuation trends gets underway (IAM)

Global – Trade Marks / Brands

WTO ‘GI register’ for wines and spirits: the making-of, part II (Class 46)

Global – Copyright

CLA launches Multinational Licence (1709 Blog)

Confirmation that Obama Administration was “lone hold out” for releasing bracketed ACTA text to the public in Summer of 2010 (Knowledge Ecology International)

US mission to fund WIPO work on counterfeits (IP Watch)


We can do this the Easy Way or the hard way:  Chatime v. Easy Way (IP Whiteboard)

Patent application to imprint images and messages on foods rejected by Patent Office (IP Whiteboard)


IP Securitization – the case for Belgium (ipeg)


Forgive them for they know not what they do. Now do they? – counterfeit souvenirs relating to Pope John Paul II (IP Dragon)

Copyright piracy of communist books is not patriotic – suspects arrested in connection with book piracy operation (IP Dragon)

After 44 years Chinese lovers of literature can legally buy ‘One Hundred Years of Solitude’ (IP Dragon)


Patent litigation forum shopping in the EU (Patent Law Center)

EUCJ – New hopes for a European Court? (EPLAW)

International Patent Application and Prior Art Search: Europe (Article One Partners)

General Court confirms likelihood of confusion for German public between ACNO FOCUS and FOCUS for cosmetics: T-466/08 (Class 46)

Tubesca v Tumesa (Tubos del Mediterráneo) – General Court find no risk of confusion (Class 46)

General Court confirms EURO AUTOMATIC PAYTMENT is descriptive for goods and services in Classes 9 and 36: T-28/10 (Class 46)

What a ball at the bingo show! – General Court confirms likelihood of confusion between BINGO SHOWALL and SHOWBALL (Class 46)

General Court finds boomerang look-alike figurative trademark not distinctive for shoes (Class 46)

Baena case: gnomic utterance awaited: José Manuel Baena Grupo, S.A. v OHIM and Herbert Neuman and Andoni Galdeano del Sel (Class 99)


Inspection orders and urgency – a follow-up report (Kluwer Patent Blog)


15 years of TRIPS: Rethinking IP and development (Spicy IP)

To be labelled bad is not too good: Three-N-Products v. Emami Ltd (Spicy IP)

IPASI ‘Intellectual Property Association of South India’ comes into being (Spicy IP)

Dr. Wobben appeals to Madras High Court against IPAB Orders (Spicy IP)

Something rotten in the Copyright Office? (Spicy IP)


InterCon loses to local apartment developer: InterContinental Hotels Corporation v. PT Lippo Tbk (IP Komodo Dragon)


Publication for opposition purposes in Italy likely to kick off in July 2011 (Class 46)


Gaultier’s perfume bottle registered as trademark in Japan (IP Factor)

International Patent Application and Prior Art Search: Japan (Article One Partners)


An anti-trademark filing injunction: Pink Ribbon obtains one in the Netherlands (Class 46)


Hip Hip Hooray! – another DO for Peru – “Maca Junín -Pasco” (IP tango)

United Kingdom

CARBON VIRGIN Trademark upheld in UK: EWCH (Ch) Virgin Enterprises Ltd v Casey decision (IP Factor) (IPKat)

Before-the-event IP litigation insurance (IP finance)

United States

US General

Fordham IP Conference 2011: part 1 to 6 (IPKat) (IPKat) (IPKat) (IPKat) (IPKat) (IPKat)

Illinois Institute of Technology and Ocean Tomo announce collaboration on World IP Day (Patent Baristas)

US Patent Reform

An open letter to the Patent Bar on the Patent Reform Act (Patent Baristas)

Why the esteemed Prof. Epstein is wrong on first-to-file (IPBiz)

To Arms! While support for Patent Reform remains steady, opposition starting to grow (271 Patent Blog)

US Patents

USPTO budget reductions halt fee-based prioritized examination (Track I) and other programs (Patent Law Center) (Patent Docs) (IP Directions) (Inovia) (Maier & Maier) (Inventive Step)

USPTO proposes overhaul to patent reexamination proceedings (Patent Law Practice Center) (WHDA)

USPTO satellite offices on hold (Patent Docs)

Introducing the Office of Policy and External Affairs dashboard (Directors Forum)

DOE offers deep discount on patent licenses to speed tech transfer (Green Patent Blog)

US Patents – Decisions

CAFC prefers construction that harmonizes claim elements to define a workable invention: Lexicon Medical, Inc. v. Northgate Technologies, Inc (Gray on Claims) (Patently-O)

CAFC: Ex parte contact with USPTO Examiners: Radio Systems Corp. v. Accession, Inc (Patently-O)

CAFC: Third Party attempts to protest or otherwise oppose the grant of a published application: Radio Systems Corp. v. Accession, Inc (Patently-O)

CAFC: Jurisdiction in patent declaratory judgment actions: Radio Systems Corp. v. Accession, Inc (Patently-O)

CAFC reverses and remands in Coaxial Cable Connectors Appeal (2010-1373) (ITC Law Blog)

District Court S D New York: Patent infringement suit dismissed based on two faults in patents’ chain of title: Picture Patents LLC v. Aeropostale Inc. (IP Spotlight)

District Court Delaware: Infringement warrants permanent injunction but with 15-month ‘sunset provision’ to allow defendant time to introduce noninfringing product: B. Braun Melsungen AG, et. al. v. Terumo Medical Corporation, et. al.(Docket Report)

District Court N D California: Voluntary amendment of claims during reexam waives right to appeal or seek vacatur of invalidity judgment: PartsRiver, Inc. v. Shopzilla, Inc., et. al. (Docket Report)

ITC issues final determination of no violation in Certain Ceramic Capacitors (337-TA-692) (ITC Law Blog)

US Patents – Lawsuits and strategic steps

Crocs – ITC decides not to review remand initial determination in Certain Foam Footwear (337-TA-567) (ITC Law Blog)

Duggal – ALJ Gildea denies motion to compel discovery from non-party in Certain Wind and Solar-Powered Light Posts and Street Lamps (337-TA-736) (ITC Law Blog)

US Copyright

Senator Wyden releases redacted version of October 29, 2010 CRS report on ACTA (Knowledge Ecology International)

US Copyright – Decisions

MGA Entertainment wins Bratz! (for now) – District Court C D California judgement in Carter Bryant v Mattel (Property, intangible) (Trademark Blog of the Trademark Lawyer’s Mind)

US Copyright – Lawsuits and strategic steps

Golden – Plaintiff need not attach copyright registration to complaint: Golden v. Nadler Pritikin & Mirabelli (Chicago IP Litigation Blog)

US Trade Marks – Decisions

Egg Works loses 9th Circuit Appeal despite no opposition from Egg World (Vegas Trademark Attorney)

No need to disclaim RED in VICTORY RED for Golf Equipment, says TTAB (TTABlog)

TTAB decides 100 BLACKS IN LAW ENFORCEMENT WHO CARE ownership dispute (TTABlog) (Property, intangible)

TTAB reverses 2(d) refusal of ‘S9’ over stylized ‘.9S’ mark for computer goods (TTABlog)

Test your TTAB judge-ability on two more genericness cases: MOCCA and SMOKELESS LOG (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Goodrich – The Parrot Lady vs. The Parrot Lady over ‘The Parrot Lady’ trademarks: Goodrich v Allen (Seattle Trademark Lawyer)

Swatch – Swatch seeks District Court review of SWAP opposition dismissal (TTABlog)

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