General Global Week in Review 20 September 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:

Lego brick cannot be registered as a trade mark, rules ECJ: Lego Juris v. OHIM (Out-Law) (IPKat) (IP Factor) (Class 99) (ipeg)

Signs of recovery emerge after economic crisis hits innovation & IP filings (WIPO) (IPKat) (IAM) (271 Patent Blog) (Inovia IP) (IP Watch) (IPBiz)

Senators seek vote on Patent Reform Bill (Patent Docs) (271 Patent Blog) (IPKat)

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

Joining the team at Think IP Strategy (IP Think Tank)

Signs of recovery emerge after economic crisis hits innovation & IP filings (WIPO) (IPKat) (IAM) (271 Patent Blog) (Inovia IP)

China defies global trend in patent and trademark applications, WIPO says (IP Watch) (IPBiz)

Annual meetings of WIPO member states begin on 20 September 2010 – Innovation, Growth and Development: The Role of Intellectual Property and Member States National Experiences (WIPO)

WIPO launches a catalogue of IP success stories from around the world (WIPO) (IAM)

Human Rights Council opens with new work on IP (IP Watch)

IP ‘Authorities’ meet to discuss IP infrastructure, collaboration (IP Watch)

Global – Trade Marks / Brands

A riff on brands: Black Swans, Perrier and Benoit Mandelbrot (IP finance)

Global – Patents

Welcome to the Patent Free Zone (Patentology) (IAM)

WIPO launches tool to facilitate green tech patent searches (WIPO) (IPKat)

Time to welcome the nimbus? (IPKat)

Global – Copyright

ACTA negotiations – start September 23rd, no firm end date (Michael Geist)

A fairly close look at ACTA (ipwars)

More ACTA analysis – KEI and Knopf (Michael Geist)

Musopen raises $40,000 to set classical music ‘free’ (ArsTechnica)


OAPI and PCT national stage entry (Inovia IP)


Australasian innovation, according to the World Economic Forum (Patentology)

FCAFC: Appeal sinks luscious LIPS: Nature’s Blend Pty Ltd v Nestlé Australia Ltd (ipwars) (IP Whiteboard)

Amendments: Can a mistake that nobody noticed be ‘obvious’? – FCA decision in Expo-Net Danmark A/S v Buono-Net Australia Pty Ltd (Patentology)

It’s a plane…. it’s a bird… nah bro, it’s Superwog! Superman opposes satirical trade mark (IP Whiteboard)


Will ‘pewter craft’ be the next Brazilian GI? (IP tango)


World Economic Forum ranks Canada ahead of US, Japan, UK on IP protection (Michael Geist)

Millions at stake in education copyright battle (Michael Geist)


SIPO proposes to amend rules on administrative enforcement of patent rights (China Law Blog)


ECJ denies legal privilege for in-house lawyers in competition law cases: Case 550/07 P Akzo Nobel Chemicals Ltd. and Akcros Chemicals Ltd. v the Commission of the European Communities (EPLAW) (PatLit) (IAM)

Lego brick cannot be registered as a trade mark, rules ECJ: Lego Juris v. OHIM (Out-Law) (IPKat) (IP Factor) (Class 99) (ipeg)

ECJ: Alpha, bet it’s registrable… BORCO-Marken-Import Matthiesen GmbH & Co. KG v OHIM (IPKat)

AG supports AB InBev’s case in BUD appeal: Anheuser-Busch v Budějovický Budvar (Class 46)

Extension of the Patent Prosecution Highway Pilot Programme between the European Patent Office and the United States Patent and Trademark Office (WIPO) (271 Patent Blog)

Bavaria PGI v trade mark battle shifts in favour of the Dutch: Bayerischer Brauerbund eV v Bavaria NV (IPKat)

Marques reloaded: Berlin conference: Briefs 1 to 7 (Class 46) (Class 46) (Class 46) (Class 46) (Class 46) (Class 46) (Class 46)

Two more cheeses gain GI protection (Class 46)


French officials say willing to walk away from ACTA (Michael Geist)


Mannheim Regional Court: Compensation can be calculated based on per-unit royalties normally stipulated in the licence agreements used by the owner of the patent: Orange Book II (EPLAW)

Federal Supreme Court: Invention disclosure: Klammernahtgerät (stapler) (EPLAW)


The ‘Mal’- factor of the Indian IP Scene (Spicy IP)

A defence of non-conventional trademarks (Spicy IP)

Examiner drought and letter to Government (Spicy IP)

Free PDF conversion and lessons for the Copyright Board (Spicy IP)

GIs to Bhadohi Carpets and Paithani Sarees (Spicy IP)

Patently shameful career prospects? (Spicy IP)


Photographer of iconic European Basketball 1977 Championship win awarded record copyright damages (IP Factor)


Kosovo passes new trade mark, design laws (Class 46) (Class 99)


Informational internationalism – BIO-ACTIVE (Class 46)

Supreme Court speaks on copyrights and trade marks (Class 46)


Salsa legend accused of plagiarism (IP tango)


Dispute over ‘Ceausescu’ trade mark (IPKat)


Reasonable royalty or bubbles through a straw? (IP finance)

United States

US General

Corporate Counsel Magazine includes ALJ Luckern on its list of The 25 Most Influential People in IP (ITC Law Blog)

US Patent Reform

Patent Reform not dead yet (Inventive Step)

Senators seek vote on Patent Reform Bill (Patent Docs) (271 Patent Blog) (IPKat)

Recent bipartisan patent reform push just smoke? (IPBiz)

US Patents

Single-attorney prosecution; Compact prosecution; and the USPTO backlog (Patently-O)

Facilitating freedom-to-operate searches (Patently-O)

USPTO implements patent examiner technical training program (Patent Docs)

USPTO patent statistics (IP Spotlight)

US Patents – Decisions

Split Federal Circuit panel finds claim preamble language not limiting: American Medical Systems, Inc. v. Biolitec, Inc (Gray on Claims) (Patently-O)

CAFC: Successor company holds patents assigned to predecessor company (even if assigned after predecessor dissolved): Tri-Star Electronics Int’l. v. Preci-Dip Durtal SA  (Patently-O)

District Court N D Illinois: False in forma pauperis application does not warrant dismissal: Kim v. Earthgrains Co (Chicago IP Litigation Blog)

District Court N D New York: Defendant cannot willfully infringe claims that did not issue until after suit was filed: Advanced Fiber Technologies (AFT) Trust v. J & L Fiber Services, Inc (Docket Report)

District Court E D Texas: Expert may testify as to technical aspects of direction and control but not as to ultimate legal conclusion: Datatreasury Corp. v. Wells Fargo & Co. et al. (Docket Report)

District Court N D Ohio: Statements made in prior litigation do not trigger recapture rule: Bendix Commercial Vehicle Systems LLC, et al v. Haldex Brake Products Corp (Docket Report)

District Court E D Texas: Inequitable conduct pleading must allege how examiner would have used undisclosed information: SynQor, Inc. v. Artesyn Technologies, Inc. et al. (Docket Report)

US Patents – Lawsuits and strategic steps

BP Lubricants USA – Defendant appeals denial of motion to dismiss false marking complaint for failure to adequately plead intent to deceive (Gray on Claims)

GreenShift – GreenShift’s eleven ethanol patent suits converge in Indiana (Green Patent Blog)

Invacare – ITC institutes investigation (337-TA-734) regarding Certain Adjustable-Height Beds (ITC Law Blog)

LG – LG files new 337 complaint regarding Certain Digital Televisions (ITC Law Blog)

McCabe, Geoffrey – ALJ Bullock grants motion to terminate investigation as to certain respondents in Certain Stringed Musical Instruments (337-TA-708) (ITC Law Blog)

Norgren – ALJ Charneski issues public version of remand initial determination in Certain Connecting Devices (337-TA-587) (ITC Law Blog)

Red Bull – ITC issues general exclusion order in Certain Energy Drink Products (337-TA-678) (ITC Law Blog)

Sony Corporation – ALJ Essex grants motion to terminate investigation as to certain respondents in Certain Display Devices (337-TA-713) (ITC Law Blog)

Tiva – Tivo v Echostar approaches its endgame and there is money to be made (IAM)

US Copyright

Summary of OER-related comments on U.S. Department of Education Notice of Proposed Priorities (Creative Commons)

US Copyright – Lawsuits and strategic steps

Fox News – Fox and correspondent sue Senate candidate over use of news footage in ad (Copyrights & Campaigns) (IPKat)

US Trade Marks – Decisions

Doesn’t happen often, but bankruptcy filing can frustrate trademark case: Precision Automotive LLC v. Avstar Fuel Systems, Inc (Seattle Trademark Lawyer)

Dairy Queen denied preliminary injunction against Blizz Frozen Yogurt (Las Vegas Trademark Attorney)

Court grants preliminary injunction in trademark ownership dispute: Pacific Coast Trailers, LLC v. Cozad Trailer Sales, LLC (Seattle Trademark Lawyer)

Egg Works left with egg on its face after court denies preliminary injunction against Egg World: Egg Works, Inc. et al v. Egg World LLC et al (Las Vegas Trademark Attorney)

TTAB precedential no. 36: TTAB refuses to find fraudulent intent where applicant relied on advice of counsel: MCI Foods v Brady Bunte (TTABlog)

Fame of LE CORDON BLEU brings TTAB 2(d) victory over CORD ON BLUE for Cord Storage Units (TTABlog)

Test your TTAB judge-ability: Are the marks FIRESIDE GLOW and FIRESIDE WARMTH confusingly similar for air fresheners? (TTABlog)

US Trade Marks – Lawsuits and strategic steps

International House of Pancakes – IHOP files trademark infringement suit against International House of Prayer (IPKat)

Metropolitan Transit Authority – Taking the IP train: MTA asserts trademark rights in iconography, including alphanumeric train symbols (Likelihood of Confusion)

Sorrentino, Michael and Polizzi, Nicole – USPTO rejects trademark applications for reality TV series actors’ nicknames ‘The Situation’ and ‘Snooki’ (IP Whiteboard)

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