General Global Week in Review 20 December 2010 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:

European patent – Further steps to enhanced cooperation (EPLAW) (IPJUR) (IPKat) (inovia) (IAM)

Detroit gets first satellite US Patent Office (IPBiz) (Inventive Step) (Anticipate This!) (IPSpotlight) (Patently-O) (Patents Post Grant Blog)

US: Extended missing parts pilot program starts (Patent Baristas) (Patent Docs) (inovia)

Costco – Supreme Court, by a 4-4 vote, affirms the Ninth Circuit’s restrictive reading of first sale doctrine: Costco v. Omega (The Gray Blog) (Excess Copyright) (Public Knowledge) (Technology & Marketing Law Blog) (IPKat) (Plagiarism Today) (Patently-O) (ArsTechnica)

Japan moving towards fair use? (1709 Blog) (Michael Geist)

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

Fail to think locally (no. 13 in our list of IP mistakes) (IP Think Tank)

Hands across the ocean, hands off our IP! Transatlantic Economic Council: EU and US launch joint website against counterfeiting and piracy (IPKat)

WIPO’s Gurry says ‘Crisis in Multilateralism’ bringing changes to IP (IP Watch)

US Ambassador: Over-focus on development ‘will kill’ WIPO (IP Watch)

Company Security – A shareholder and stakeholder view (Business IP and Intangible Asset Blog)

Development Agenda committee mandates WIPO to examine Bolivia, Barbados, Suriname and Bangladesh prize proposals (Knowledge Ecology International)

Global – Patents

How patent whitespace analysis can set a company up for sustainable failure (IP Asset Maximizer Blog)


Patent over plum in a pickle (IP Whiteboard)

FCA: Kimberly-Clark patent valid, but not infringed: Kimberly-Clark Australia Pty Limited v Multigate Medical Products Pty Limited (Patentology)

Modified examination – What it is and why (not) to use it (Patentology)

Federal Court overturns decision to increase fitness class music fees (IP Whiteboard)

Full Court dismisses Telstra appeal – Still no copyright in (telephone) directories down under: Telstra Corporation Limited v Phone Directories Company Pty Ltd (ipwars)

Australia Government report warns against including IP in Trade Agreements (Michael Geist)


More patents to infringe, but … – EC Enlargement Package 2010 includes Bosnia and Herzegovina’s IP rights (PatLit)


Holy smokes! British American Tobacco defeats trade mark challenge in the Commonwealth Caribbean: Philip Morris Products S.A. v British American Tobacco (Brands) Limited (jiplp)


Can we feed the hungry on statistics? (IP tango)


CMEC on ‘making multiple copies for class use’ (Excess Copyright)

Clearing up the copyright confusion: Fair dealing and Bill C-32 (Michael Geist)

C-32 Legislative Committee discussion marked by copyright confusion (Michael Geist) (IP Osgoode)

Jim Henshaw asks questions about copying levies (Michael Geist)

More schools backing away from Access Copyright (Michael Geist)


China – from national growth to international expansion (IP Think Tank)

Aah, Bistro! McDonald’s set to disguise themselves as Europeans when invading China (IPKat)

Three main problem categories to foreign related IPR litigation in China (IP Dragon)

China and Brazil sign Memorandum of Understanding – INAPI and INPI go MoU (IP tango)

New customs regulations strengthen intellectual property rights protection in China (China Law Blog)

China’s next five year plan – what does it mean for patent litigation? (PatLit)

Judgment of similarity of designs in China (Class 99)


When toilet seats make impressions on their users: Duravit AG v B&N Developing ApS (Class 99)


European patent – Further steps to enhanced cooperation (EPLAW) (IPJUR) (IPKat) (inovia) (IAM)

General Court: More absolute grounds: KOMPRESSOR PLUS (Class 46)

General Court confirms likelihood of confusion: Bianchin v OHMI – Grotto (GASOLINE) (Class 46)

General Court finds HALLUX descriptive for orthopaedic articles and shoes: Fidelio v OHIM (Hallux) (Class 46)

General Court confirms likelihood of confusion: DTL v OHMI – Gestión de Recursos y Soluciones Empresariales (Solaria) (Class 46)

General Court: At the crossroads of design and trademark law: Baena Grupo v OHMI – Neuman and Galdeano del Sel (Personnage assis) (Class 46)

General Court rules Lindt bunnie shapes ‘not distinctive’: Chocoladefabriken Lindt & Spruengli v OHIM and T-13/09, Storck v OHIM (IPKat)

General Court: Wind v. Wind: lack of similarity of the goods and services: Wind / OHMI – Sanyang Industry (Wind) (Class 46)

General Court: Golden Elephant : passing-off affirmed: Tresplain Investments v OHMI – Hoo Hing (Golden Elephant Brand) (Class 46)

General Court: Federation Internationale des Logis: colour trademarks rejected: T-329/09 and T-282/09 (Class 46)

General Court: Absolute grounds ruling: CHROMA descriptive: Deutsche Steinzeug Cremer & Breuer v OHIM (CHROMA) (Class 46)

New deal planned for GI’s in Europe (IPKat)

GI ingredients in the EU: the inside story (IPKat)

More meat, fruit and cake products receive name protection (Class 46)


MOUSERELLE: confiscation of goods while an appeal is underway (Class 46)


Judgement of the Appeal Court Karlsruhe on ‘Dringlichkeit’ of preliminary injunction proceedings in patent cases (Kluwer Patent Blog)

New copyright-like rights considered harmful (Creative Commons)


Trademark clearances for copyright? (Spicy IP)

Pondering the ‘legal’ competence of the IPAB (Spicy IP)

First Indian patent institute symposium offered by Franklin Pierce Center for IP (Spicy IP)

PCT filing trends (India Patents)

Strengthening the Indian Bayh Dole bill: A provision for recovery in case of fraud? (Spicy IP)

Frequently asked question on Indian Patent System (India Patent)

Delhi High Court allows for multiple proceedings before IPAB and High Court on similar points of law (Spicy IP)


Design ruling for a quick-fit electrical plug registration provides insight into spare parts protection in Israel (IP Factor)

If you add a dependent claim and no one’s there to hear it, does it make any noise? Israel PTO rules that application cannot be amended to add only dependent claims after application has been published – Part II (America-Israel Patent Law)


Japan moving towards fair use? (1709 Blog) (Michael Geist)


District Court of The Hague rules no infringement: Vacu Products v. WMF (EPLAW)


Counterfeiting in Nigeria: A growing menace! (?) (Afro-IP)


Bears and Red Cross (Class 46)

Invoices are THE evidence (Class 46)


Some questions re Intellectual Property Licence Agreement among Russian company and business from abroad of Russia (Russian Patents Blog)


Spain – … and case law freely available for all! (Class 46)

United Kingdom

EWCA: Unlicensed imprecision: Pink Floyd v EMI Records (1709 Blog) (IPKat)

Just sue them! Nike went after one end user for ordering Chinese counterfeit trainers via the Internet: EWPCC summary judgement in Nike v E Bateman (IP Dragon)

Crosstown Music bitten by partial assignment of copyright: EWCA decision in Crosstown v Rive Droite & Ors (IP Whiteboard)

Possibility of obtaining summary judgment in patent cases: Patents Court decision in Virgin Atlantic v Delta (Kluwer Patent Blog)

Keeping down the price of copyright justice (1709 Blog)

United States

US General

USTR launches request for comments on ACTA (Michael Geist) (Knowledge Ecology International)

US State Dept. details global anti-piracy projects (IP Watch)

US Industry IP memo for the TPP negotiations leaked (Knowledge Ecology International) (Knowledge Ecology International)

Bayh-Dole: framework, straitjacket or something in between? (IP finance)

US Patents

Detroit gets first satellite US Patent Office (IPBiz) (Inventive Step) (Anticipate This!) (IPSpotlight) (Patently-O) (Patents Post Grant Blog)

Surcharge on USPTO Fees in FY2011 – Boom or Bust? (Patentology)

Post grant expectations for 2011 (Patents Post Grant)

An application of the abstract idea exclusion to patent eligibility (Patent Docs)

Old-school submarine patents (Patently-O)

USPTO economic research agenda (Patently BIOtech)

Extended missing parts pilot program starts (Patent Baristas) (Patent Docs) (inovia)

Ignoring IP: Cancun climate change agreement is good news for green patents (Green Patent Blog)

Applying for a patent (Inventive Step)

America’s multi-billion dollar IP marketplace (IAM)

Looking back on access to US patents (IPBiz)

Patent Term – Comparing 17 years from- issue to 20 years from filing (Patently-O)

US Patents – Decisions

District Court E D Texas: Criminal nature of false marking claim and resulting public harm warrant denial of stay: Promethean Inc. v. eInstruction Corporation (Docket Report)

District Court N D Georgia: Alleging post-expiration modification of packaging is sufficient to plead false marking intent to deceive: Accord Patents, LLC v. Industrial Revolution, Inc (Docket Report)

US Patents – Lawsuits and strategic steps

Batesville Services – ITC issues limited exclusion order in Certain Caskets (337-TA-725) (ITC Law Blog) (ITC 337 Update)

Global-Tech Appliances – Supreme Court: Amicus briefs filed: Global Tech v. SEB (Washington State Patent Law Blog)

Interactive Life Forms – ALJ Luckern terminates two respondents in Elastomeric Gel Investigation (ITC 337 Update)

Remy – Remy files new 337 complaint regarding Certain Starter Motors and Alternators (ITC Law Blog)

Seiko Espon – Claims construed narrowly to avoid indefiniteness: Only the First, Ltd. v. Seiko Epson Corp (Chicago IP Litigation Blog)

Viskase – Preliminary injunction denied because of non-infringement evidence: Viskase Cos., Inc. v. World Pac Int’l. AG (Chicago IP Litigation Blog)

US Copyright

Washington Legal Foundation: ‘The Supreme Court left most copyright litigants wanting in 2010’ (Copyrights and Campaigns)

US Copyright – Decisions

Costco – Supreme Court, by a 4-4 vote, affirms the Ninth Circuit’s restrictive reading of first sale doctrine: Costco v. Omega (The Gray Blog) (Excess Copyright) (Public Knowledge) (Technology & Marketing Law Blog) (IPKat) (Plagiarism Today) (Patently-O) (ArsTechnica)

US Copyright – Lawsuits and strategic steps

Black Hills Institute of Geological Research – Dinosaur bones prompt federal lawsuit in Montana (Plagiarism Today)

US Trademarks

The Gavel Drops: Results from the ‘Brand Name Auction’ (Seattle Trademark Lawyer)

Transcript of September 2, 2010 TPAC meeting now available (TTABlog)

US Trade Marks – Decisions

District Court Minnesota rules against Jacobs Wind in Minnesota eco-mark dispute – JACOBS: Wind Turbine Industries Corp v Jacobs Wind Electric Company (Green Patent Blog)

District Court W D Washington holds cancellation is not a valid independent claim:  Basel Action Network v. International Association of Electronics Recyclers (Seattle Trademark Lawyer)   

TTAB Precedential No. 46: Applicant lacked bona fide intent, TTAB sustains AQUAJETT opposition (TTABlog)

TTAB Precedential No. 44: In rare section 2(c) ruling, TTAB affirms refusal of OBAMA BAHAMA PAJAMAS (TTABlog)

TTAB says nevermind to abandonment claim in NIRVANA bottled water cancellation (TTABlog)

TTAB finds ROC USA to be primarily geographically descriptive but registrable under section 2(f) (TTABlog)

District Court Connecticut: ‘Dad, who owns the mark?’ – family dispute over trademark ownership: Arredondo v. Arredondo (Property, intangible)

%d bloggers like this: