General Global Week in Review 21 June 2010 from IP Think Tank

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

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Highlights this week included:

Strategic mistake in World Cup Bavaria Babes incident and it’s not even an Ambush (IP Think Tank) (Afro-IP) (Afro-IP) (IPKat)

17 June – No Bilski today – again… (Maier & Maier) (Patent Quality Review Blog) (Live Journal) (Anticipate This!)

Global – General

World Cup soft drink wars, ethics in IP and international exhaustion – IP Think Tank podcast – 10 June 2010 (IP Think Tank)

Intangible Capital in print (IP finance)

The Innovation Olympics – Bloomberg Business Week 50 most innovative companies (IPKat)

10 resources every IP professional should take advantage of (The Invent Blog)

Global – Patents

EPO is tops for quality but can Kappos make a difference? (IAM)

Global – Copyright

Agenda for Round Nine of ACTA talks posted (Michael Geist)

Comments and signaturers sort for communiqué on ACTA and the public interest (Knowledge Ecology International)

WTO report on TRIPS Council and ACTA (Michael Geist)

WIPO publishes ‘Scoping Study on Copyright and Related Rights and the Public Domain’ (Michael Geist)


Double patenting: impermissible but not invalidating: FCA decision in Arbitron v Telecontrol Aktiengesellschaft (Patentology)

Why you won’t you find Specsavers in the Thesaurus…: Budget Eyewear Australia Pty Ltd v Specsavers Pty Ltd (1709 Blog)

Taking genuine steps to resolve before going to Court – corrected: Civil Dispute Resolution Bill 2010 introduced into parliament (ipwars)


Brazil suspends trade sanctions against the US until 2012 (IP tango)

Rio 2007: can moral damage be presumed or must it be proved? (IP tango)


Interbrand released its 2010 Report on best Canadian brands (IP Osgoode)

Copyright Lobby astroturf site adds mandatory, uneditable letter to MPs (Michael Geist)

Ontario Government consults business on CETA (Michael Geist)


With an eye on ACTA: China champion of TRIPs freedoms and flexibilities (IP Dragon)

China IP – so mainstream that it’s boring (China Hearsay)

Chinese IP fears debunked! (Inovia IP)

China’s national intellectual property strategy, what’s the progress? Website to stay updated (IP Dragon)

Professor Llewelyn seminar – ‘Leverage your IP rights’ (IP Dragon)

Shanghai World Expo 2010 exposes organisers’ lack of creativity (IP Dragon)

China copyright and media looks at the law of China’s entertainment media (IP Dragon)


Ecuador and the EU looking forward to a trade agreement – again (IP tango) (IP tango)


Shedding light on green patents: EPO and UKIPO launch clean tech patent databases (Green Patent Blog)

The EU proposal for increasing access? (Knowledge Ecology International)

Commission explores the possibility of creating a market for IP rights in Europe (IAM)

General Court socks applicant’s appeal – X Technology fails in appeal against OHIM BoA decision not to register ‘positional mark’ of colour orange for hosiery (Class 46)

Trade mark of the week – CTM ‘Jabulani’ covering soccer balls (Class 46)


New dispute about legendary ‘three stripes’ trademark (Class 46)


Juve lose in French rematch: Juventus Football Club v Global Entertainment Antigua Ltd (Class 46)

Name of a political coalition as a prior right (Class 46)


Motion for declaratory decision not to be filed with invalidity courts but PTO: Nabenschaltung I (EPLAW)

Federal Supreme Court rules that translation of European patent exhibiting omissions does not result in EP having no effect in Germany: Nabenschaltung II (EPLAW)

Intellectual property: Political excesses – or: Let Schumpeter’s creative destruction do its work (IP:JUR)

‘Football and technology’ – on the DPMA website (IPKat)


Smoked sausages from Hungary get GI status (Class 46)

Hong Kong

Is Hong Kong’s copyright stopping the publication of Li Peng’s historic significant diary? (IP Dragon)


No entry for Hilton Hotels rules Rajasthan Court (Spicy IP)

Revisiting the constitutionally of the Copyright Board in light of the SC judgment in the NCLT case (Spicy IP)


Israel sex store gets injunction against copyright infringement (IP Factor)

The six million Shequel claim (IP Factor)


Libya back in the TM grant business (Afro-IP)


Polish Police’ problems (Class 46)

South Africa

Strategic mistake in World Cup Bavaria Babes incident and it’s not even an Ambush (IP Think Tank) (Afro-IP) (Afro-IP) (IPKat)

Waka Waka chorus – who is the author? (IP tango)


Further step to Swiss Federal Patent Court (EPLAW)

United Kingdom

Reminder: an appeal is not a re-hearing: Nampak Cartons Ltd v Rapid Action Packaging Ltd (PatLit)

Stretching copyright with contract: Global Coal Ltd v. London Commodity Brokers (1709 Blog)

Did Mr Gordon Brown love secret patents? (IP:JUR)

Overheated dairy warriors back in court: JN Dairies Ltd v Johal Dairies Ltd, Gurbir Singh (IPKat)

The lady vanishes: the case of the disappearing debutante – IP Minister Baroness Wilcox (IPKat)

INTELLIGENT SENSOR: a borderline rejection (Class 46)

Sir Robin Jacob – Sir Hugh Laddie Chair in Intellectual Property Law, University College London (Spicy IP) (IPKat)

United States
US General

US ITC holds second unnecessary hearing on China IP (China Hearsay)

Pooling of Intellectual Property rights: American Needle Inc v. National Football League (Ladas & Parry)

US Patent Reform

The three-track proposal: Putting applicants in control of examination timing (Director’s Forum)

USPTO close to agreement with POPA to overhaul performance review for examiners (271 Patent Blog) (Inventive Step)

US Patents

17 June – No Bilski today – again… (Maier & Maier) (Patent Quality Review Blog) (Live Journal) (Anticipate This!)

Colleen Chien: Government’s brief will dictate Bilski result (PatLit)

Terminal disclaimers and PTO: Proposal for a test case (Patently-O)

Submitting positive decisions to the world patent offices (Patently-O)

Chicago-centric team USA wins 2010 patent cup regatta (Chicago IP Litigation Blog)

Patent marking trolls knocked down but not out: Pequignot v. Solo Cup Co. (IP Directions) (Maier & Maier)

Time up for qui tam trolls? – HR 4954 (PatLit)

Did you know…The Office of Unfair Import Investigations is an independent third party in section 337 actions? (ITC Law Blog)

US Patents – Decisions

District Court S D Florida on motions to stay pending re-examination: Fusilamp LLC v. Littlefuse, Inc (271 Patent Blog)

District Court N D Illinois: Claims need not be construed to encourage an embodiment that was part of a restriction requirement: Albecker v Contour Prods., Inc (Chicago IP Litigation Blog)

District Court S D Florida: Failure to allege facts showing knowledge of asserted patent sinks wilfulness claim: Trebor Industries, Inc. v. Regatta AS et al.(Docket Report)

District Court Minnesota: Failure to assert invalidity defense undermines request for stay pending reexamin: J. Blazed SKLO Podebrady S.I.O. et al v. Burton International Enterprises et al.,(Docket Report)

US Patents – Lawsuits and strategic steps

B&R Plastics – ALJ Bullock grants motion to withdraw complaint and terminate investigation in certain foldable stools (337-TA-693) (ITC Law Blog)

Chrysler Group – ITC institutes investigation (337-TA-722) regarding certain automotive vehicles based on complaint by Chrysler (ITC Law Blog)

Cross Match Technologies – ITC institutes investigation (337-TA-720) regarding certain biometric scanning devices, based on complaint by Cross Match, against Suprema and Mentalix (ITC Law Blog)

John Mezzalingua Associates – ALJ Gildea issues public version of remand initial determination in certain coaxial cable connectors (337-TA-650) (ITC Law Blog)

US Copyright

2008 US Copyright Office memo concluded that export of accessible works is not legal under US law (Knowledge Ecology International)

Fair use Fridays: Ripping DVDs for documentary films: is there a right to high quality free speech? (Copyright Litigation Blog)

Know your (copy) rights – Columbia University Law School’s ‘Keep Your Copyrights’ website (Maryland Intellectual Property Law Blog)

US Copyright – Decisions

District Court S D New York: System of a Down: Mistakes in copyright registrations and supplementary registrations: Maxwood v Malakian (Copyright Litigation Blog)

Court of Appeals 9th Cir.: Copyright litigation may commence without first obtaining registration:Cosmetic Ideas, Inc. v. IAC/Interactive Corp. (Trademark Blog of the Trademark Lawyer’s Mind)

Laffey Associates – You can’t fire me, I own the copyright: Valdez v. Laffey Associates (Property, intangible)

2d Circuit: The long arm of New York copyright holders: Can New York copyright lawyers sue America without leaving Manhattan? Penguin Group v. American Buddha (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Alexander McQueen Company – Alexander McQueen Company has decided not to see ad in Grazia magazine as flattering example of ‘trickle down’ and may sue Cadburys (IPKat)

US Trademarks

Ted Davis on ‘Recent developments in trademark and unfair competition law’ (TTABlog)

Vuvuzela – the trademark (Invent Blog)

US Trade Marks – Decisions

Precedential No. 22: Reversing 2(e)(4) refusal, TTAB finds ‘P.J. FITZPATRICK, INC.’ not primarily merely a surname: In re P.J. Fitzpatrick, Inc. (TTABlog)

Precedential No. 21: TTAB sustains dilution claim for the first time in seven years National Pork Board and National Pork Producers Council v. Supreme Lobster and Seafood Company (TTABlog)

Test your TTAB Judge-ability: Are these two marks confusingly similar? – ICE AGE FULL LIP SERVICE LIP PLUMPER [LIP PLUMPER disclaimed] v LIP SERVICE (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Basel Action Network – Non-profit claims ‘certified electronics recycler’ is generic, seeks cancellation: Basel Action Network v. International Association of Electronics Recyclers (Seattle Trademark Lawyer)

Georgetown Brewery – Georgetown Brewery to rename ‘9LB Porter’ to resolve trademark dispute (Seattle Trademark Lawyer)

North Face – The South Butt prevails over the North Face – settlement on undisclosed terms (IPKat)

Pitbull Productions – THUGPORN and TIGER TYSON v THUGBOY and TYSON: Pitbull Productions , Inc v Flava Works, Inc (Trademark Blog)

Sotheby’s – SOTHEBY’S v SOTHEBY’S MOVING AND STORAGE: Sothby’s SPTC, Inc and SPTC Delaware, LLC v Sotheby’s Moving and Storage Inc (Trademark Blog)

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