General Global Week in Review 2 Nov 2009 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:

EPO Administrative Council fails to reach agreement on who should be next EPO President (IPKat) (IAM) (Managing Intellectual Property)

Study conducted by Stuart J H Graham and Dietmar Harhoff concludes US would benefit from EPO-style opposition (Peter Zura’s 271 Patent Blog) (IAM)

Korean Intellectual Property Office announces super speedy green patent application examination (Green Patent Blog)

Global – General

Intellectual Capital Management: Are you riding the wave? IP Think Tank Podcast 22 October 2009 (IP Think Tank)

Systemic risks to IP and intangible assets (Business IP and Intangible Assets Report and Blog)

Systemic risks to IP and intangible assets held by SME’s and SMM’s (Business IP and Intangible Assets Report and Blog)

Converging and bundling intangible assets to meet company’s core mission (Business IP and Intangible Assets Report and Blog)

Intangible asset risk management – the 4G of information asset protection (Business IP and Intangible Assets Report and Blog)

‘Knowledge is power’… especially in the knowledge-based economy! (Business IP and Intangible Assets Report and Blog)

Gurry highlights ‘paralysed’ IP policy (Managing IP)

Oxford IP journal gets its own weblog (IPKat)

Global – Trade Marks / Brands

So what will branding look like in a small car world? (IP finance)

Global – Patents

General Electric’s Chief IP Counsel warns of the dangers of ‘monkeying with the IP system’ (IAM) (BLOG@IP::JUR)

The US is first choice for patent litigation, while Germany beats the UK in Europe (IAM)

For inventor of 21 patents, patent troll litigation not very lucrative (IP Asset Maximizer Blog)

Global – Copyright

WIPO striving to increase access and protect assets – African-Arab seminar on copyright limitations and exceptions: addressing the needs of affected constituencies (Afro-IP)


African nations score poorly for entrepreneurship, innovation in latest Legatum index (Afro-IP)


Rio 2016: International Olympic Committee have preliminary parley (IP tango)


Joseph Smith and the copyright revelation (1709 Copyright Blog)

Cape Verde

From 12 November, Cape Verde declared to be convention country for the purposes of UK Registered Designs Act 1949 (Afro-IP) (Class 99)


China series: Judicial proceedings (Maier & Maier)


ECJ referral – Gallecs and Gallo: is a single initial letter enough to support an opposition? Indústria e Comércio v OHIM, Consorci de l’Espai Rural de Gallecs (Class 46)

CFI: John Deere prevails before CFI with colour combination mark: BCS v OHIM, Deere (Class 46) (IPKat)

CFI finds trademarks containing common element in identical font confusingly similar in Aldi Einkauf GmbH & Co v Goya Importaciones y Distribuciones (Class 46)

CFI: RNAiFect and RNActive: who would get confused?: CureVac v OHIM (Class 46)

CFI: French speakers, visual similarity sink AGILE mark: Peek & Cloppenburg v OHIM (IPKat) (Class 46)

EPO Administrative Council fails to reach agreement on who should be next EPO President (IPKat) (IAM) (Managing Intellectual Property)

EPO presidency: Managing Intellectual Property users make their voice heard (Managing Intellectual Property)

‘Hands off my design’, OHIM style (Class 99)

OHIM e-filing update (Class 99)


Jack Wolfskin relents after negative feedback by customers relating to infringement of “paw” trade mark (Class 46)


Much music to be faced – Dispute between IPRSL and Hotel Goa Marriott over multi-channel music played to entertain guests (Spicy IP)

Delhi High Court upholds jurisdiction; finds no bar against Specific Relief interim injunction in MAZAA trade mark dispute between Coca-Cola and Bisleri (Spicy IP)

Conference on publicly funded patents and technology transfer: A review of the Indian ‘Bayh Dole’ Bill (Spicy IP)

CBC Spark podcast on India’s traditional knowledge digital library (Jeremy de Beer)


Japan’s IP High Court finds 3D seashell chocolate bar shape inherently distinctive and registrable without secondary meaning evidence (JIPLP)


KIPO announces super speedy green patent application examination (Green Patent Blog)


Football legends to be trade marks for beers (IP tango)

‘Made in Mexico’ (IP tango)


Sometimes it’s better not to refrain from trade mark use – MICHALKI trade mark dispute (Class 46)

What are serious reasons for non-use of a trade mark? – PARADIES trade mark dispute (Class 46)

United Kingdom

EWHC finds patent covering cigarette packaging foil embossing technology valid and infringed; director and shareholder of first defendant personally liable: Boegli-Gravures SA v Darsail-ASP Ltd and Andrei Ivanovich Pyzhov (PatLit)

EWHC clarifies ‘link’ in trade mark infringement dispute between Daimler and Sany (Managing Intellectual Property)

Sue and settle – but who is the real winner? Morgan Contract Furniture resolves design right infringement claim against PTT Design (Class 99)

United States
US General

Disney: Is it about contents, distribution, or branding? (IP finance)

US General – Decisions

PepsiCo’s $1.2 billion court no-show in trade secrets misappropriation case brought in connection with AquaFina bottled water (IPKat)

Adequately indentifying trade secrets in California trade secret misappropriation litigation: Brescia v Angelin (JIPLP)

US Patent Reform

Patent ‘reform’ may happen this year, after all (Patent Docs)

US Patents

Study conducted by Stuart J H Graham and Dietmar Harhoff concludes US would benefit from EPO-style opposition (Peter Zura’s 271 Patent Blog) (IAM)

Slowing down RCEs and lengthening the patent term (Patently-O)

Tracking the use of continuations – working paper by Mark Lemley and Bhaven Sampat (Patently-O)

Federal Circuit proposes changes to rules of practice (Patently-O)

Supreme Court clustering of patent cases (Patently-O)

Stays pending re-examination (Patently-O)

Patent officials: ‘worst is yet to come’ (Peter Zura’s 271 Patent Blog)

Summary of local patent rules affecting claim construction practice (Part 6 of 6) (Gray on Claims)

USPTO looks to reduce “stress” of data delivery, seeks high volume dissemination for future (271 Patent Blog)

Michael Jackson’s antigravity step secret is out (ipmINDs)

US Patents – Decisions

CAFC: Does a reference’s priority claim to a provisional application alter its 102(e) prior art date?: In re Giacomini (Patently-O)

District Court Delaware imposes limit of ten disputed terms for claim construction in future cases: Grape Tech. Group, Inc v Jungle Networks, Inc (Gray on Claims)

BPAI holds term indefinite and summarizes reasoning behind broadest reasonable interpretation rule: Ex parte Senju Metal Industry Co (Gray on Claims)

US Patents – Lawsuits and strategic steps

Amkor Technology – ITC issues supplemental initial determination finding non-invalidity under 35 USC §§ 102(g) and 103(a) of certain asserted patent claims in investigation concerning Carsem’s importation and sale of encapsulated integrated circuit devices (ITC 337 Law Blog)

Fed Ex Trade Networks – ITC issues seizure and forfeiture order against Fed Ex Trade Network in certain television products (337-TA-617) (ITC Law Blog)

General Electric – ITC issues public version of initial determination in wind turbines investigation finding s 337 violation by Mitsubishi in respect of two patents (ITC 337 Law Blog)

Murata Manufacturing – ITC institutes investigation based on Murata’s complaint against Samsung alleging importation and sale of patent infringing ceramic capacitators (ITC 337 Law Blog)

Toyota – ITC opens investigation into imported Toyota hybrids based on Paice’s allegations of patent infringement (Green Patent Blog)

US Copyright – Decisions

5th Circuit interprets ambiguous contract to find assignor has standing to sue for copyright infringement: In re Isbell Records, Inc (Property, intangible)

US Copyright – Lawsuits and strategic steps

Associated Press – Shepard Fairey admits evidence destruction and fabrication in battle over Obama ‘Hope’ poster (IP Osgoode)

US Trademarks

TTAB Chief Judge J David Sams to step down November 1st (TTABlog)

US Trade Marks – Decisions

District Court N D Illinois: Trademark claims surrounding unjust enrichment not entitled to trial by jury; parties settle trademark dispute on eve of trial: SPSS Inc v Nie (Chicago Intellectual Property Law Blog) (Chicago Intellectual Property Law Blog)

District Court N D Illinois: Chicago 2016 is a trademark, but not all city-plus-Olympic-year marks are: Frayne v Chicago 2016 (Chicago Intellectual Property Law Blog)

TTAB precedential no 42: TTAB denies fraud summary judgment motion due to inadequate pleading of claim: Asian and Western Classics BV v Lynne Selkow (TTABlog)

TTAB precedential no 43: TTAB enters partial summary judgment in 2(d) VUDU opposition: Hewlett-Packard Development Company LP v Vudu Inc (TTABlog)

TTAB reverses RADIUS 2(d) refusal, PTO read registrant’s services too broadly: In re Radius Health, Inc (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Alcesia – ITC denies Alcesia’s request for reconsideration in investigation based on complaint of Philip Morris concerning cigarette packaging (ITC 337 Law Blog)

Aloha Medicinals – Aloha sues Birkdale over apparent relabeling of products (Las Vegas Trademark Attorney)

CityCenter Land – CityCenter seeks declaratory judgment that its proposed use of the name PAPILLON for high-end retail store does not infringe trade mark rights of Papillon Airways (Las Vegas Trademark Attorney)

Price Products – Owner of DRIPSTIK ice cream holder sues for trade mark and trade dress infringement over knockoff product sold under name FUN STIK: Price Products v Juvenile Solutions (Las Vegas Trademark Attorney)

Mellow Beverage Co – MBC, which sells a ‘relaxation’ beverage under the unregistered trademark MELLOW (trade mark applications pending) files trade mark infringement suit against Shannon N Nounna over similar beverage sold under the same name (trademark application pending) (Las Vegas Trademark Attorney)

Rolex Watch USA – Rolex sues Angelika Ryska and Robert Mayer over their sale of ‘replica’ Rolex watches (Las Vegas Trademark Attorney)


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