General Global Week in Review 21 Sept 09 from IP Think Tank

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Highlights this week included:

EPO announces four candidates for next president: Susanne Ǻs Sivborg, Benoît Battistelli, Roland Grossenbacher, Jesper Kongstad (Intellectual Property Watch) (BLOG@IP::JUR)

 ‘Troll Tracker’ defamation suit – trial underway: Albritton v Cisco (Patently-O) ( (The Prior Art) (The Prior Art)

Global – General

Getting corporate buy-in for intellectual property strategy IP Think Tank podcast 17 Sept 09 (IP Think Tank)

Singapore and Europe leave G8 behind when it comes to IP protection, report says (IAM Magazine)

WIPO report shows growth in IP rights before onset of economic crisis (WIPO)

First ever high level ministerial segment to kick-off WIPO Assemblies (WIPO)

IAM 250: The long tail of strategists (Tangible IP)

IP ownership: Are we up to the task? (IP finance)

Global – Patents

The biggest issue in IP management? (IP Think Tank) (IP finance)

Interview on legal issues related to open innovation (IP Asset Maximizer Blog)

Selling holes or brokering control power (BLOG@IP::JUR)



Australia fast tracks green patents (Managing Intellectual Property)


Should Canada fast track clean tech patents? (

Three things to position Canada as global leader in copyright policy (IP Osgoode)

When is a sound recording not a sound recording? (Excess Copyright)

Twenty years and counting – 20th anniversary for Nigerian Copyright Commission and Canadian Copyright Board (Excess Copyright)

Canada gets US-flavoured update for IP licence/bankruptcy (IP finance)


EU afraid to share sensitive proprietary info with China – 2009 Position Paper of the European Union Chamber of Commerce (IP Dragon)

Franchising challenges in China part II (China Law Insight)

Marco Polo Hiuui: Knock-off of knock-off = knockoff square (IP Dragon)

China marketing and branding. Reading the tea leaves. (China Law Blog)

‘Class’ justice in trademark rights: Lan Kwai Fong (IP Dragon)


Copenhagen Maritime and Commercial Court: Unilever’s ice cream KING CONE did not infringe Danish trademark KING COOL (Class 46)

New Danish rules on valuation of IP (Innovationpartners)

CFI: Lange Uhren watch shape appeal dismissed: Lange Uhren GmbH v OHIM (Class 46)

CFI: no similarity between "MANGO adorably" and ADIORABLE: Parfums Christian Dior v OHIM – Consolidated Artists (Class 46) (Class 46)

CFI finds likelihood of confusion between sensixx and Centrixx: Royal Appliance International v OHIM – BSH Bosch und Siemens (Class 46) (Class 46)

Further thoughts on DHL Express France SAS v Chronopost SA (IPKat)

EPO announces four candidates for next president: Susanne Ǻs Sivborg, Benoît Battistelli, Roland Grossenbacher, Jesper Kongstad (Intellectual Property Watch) (BLOG@IP::JUR)

Brimelow stresses need for better patent system; discusses harmonisation (Intellectual Property Watch)

Marques Conference 2009 (Class 46 – Day 1 afternoon sessions) (Class 46 – Day 2 session 1) (Class 46 – Day 1 Final Report) (Class 46 – Final Day) (Registered Community Designs workshop – Class 99)

New EU communication on increased IP enforcement (Intellectual Property Watch)

EPO and UN conducting study on green patent licensing (Green Patent Blog)


Proposed Copyright Amendment Bill (Spicy IP)

PPL extortion takes a turn for the worse: Will the government please step in? (Spicy IP)

‘Tirupati laddus’ granted registration as a geographical indication (Spicy IP)


Malaysian Federal Court: McDonald’s final defeat by McCurry in trade mark battle (IPKat)


District Court of The Hague: Procter & Gamble companies win trade mark infringement summary proceedings brought by Debonairre against their Naomi Campbell product line (Class 46)

South Africa

Copycat success – Supreme Court of Appeal dismisses Puma appeal (Afro-IP)

Western Cape Appeal Court dismisses appeal in trade mark dispute Thabana Li Meli (Pty) Ltd v Thabani Wine (Pty) Ltd & Anor (Afro-IP)


South America

Are Trademark Coexistence Agreement and Letters of Content Effective in Mexico? (RelatIP)

United Kingdom

Tweaks to the UK patent system (IPKat)

UK IPO announces 100th Patent Office Opinion issued since s74A – or is it 98? (IPKat)

New plan to boost UK in global IP ‘arms race’ (IPKat)

License to kill innovation: the broadcast flag for UK digital TV? (EFF)

United States
US General

US Chamber of Commerce cites #19 rank, wants tougher IP laws (Ars Technica)

USPTO Director David Kappos blogs (Securing Innovation)

Kappos sets goals for new PTO administration (Inventive Step) (Patents4Life)

US Patent Reform

Tech companies send letter on patent reform to Secretary Locke (Patent Docs)

US Patents

Summary of local patent rules affecting claim construction practice (Part 3 of 5) (Gray on Claims)

Did you know… proof of licensing activities alone can satisfy the domestic industry requirement? (ITC 337 Law Blog)

An appeal to the new Patent Office Director: Repeal the single sentence rule (Patently-O)

‘Troll Tracker’ defamation suit – trial underway: Albritton v Cisco (Patently-O) ( (The Prior Art) (The Prior Art)

Q2 2009 sees record number of US green patents (Green Patent Blog)

US Patents – Decisions

CAFC: District Court’s summary judgment opinion found to be inconsistent with its own claim construction: Vita-Mix Corp v Basic Holding, Inc (Gray on Claims)

CAFC guidance on standard from preliminary injunction in patent cases: Titan Tire Corp v Case New Holland (IP Frontline)

US Patents – Lawsuits and strategic steps

Safe Skies – Safe Skies files new 377 complaint regarding dual access locks, respondents include C&C Luggage, Diplomat, Hangzhou Gema Suitcases and Bags Co and others (ITC 337 Law Blog)

US Copyright – Decisions

District Court N D Illinois lacks jurisdiction over copyright malpractice claim: James H Anderson, Inc v Johnson (Chicago Intellectual Property Law Blog)

District Court N D Illinois: No antisuit injunction when suits assert different countries’ intellectual property: Zimnicki v Neo-Neon International (Chicago Intellectual Property Law Blog)

US Trade Marks – Decisions

9th Circuit finds no secondary meaning, no foul in trade dress case concerning ‘Spoiled Brats’ t-shirts: Art Attacks Ink, LLC v MGA Entertainment Inc (Seattle Trademark Lawyer)

TTAB precedential no 38: Expert testimony alone not sufficient to prove mere descriptiveness of BEER 1 marks: Anheuser-Busch v Kelly J Holt (TTABlog)

TTAB reverses 2(d) refusal of ECHELON finding autos and tires not closely related: In re Hyundai Motor America (not precedential) (TTABlog)

TTAB finds INVENTION REGISTRY merely descriptive of invention document storage: In re Krasik (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Abercrombie & Fitch – Abercrombie sues Beyonce Knowles over SASHA FEIRCE application (The Trademark Blog)

Fish & Richardson – Fish & Richardson file suit against Who’s Your Daddy in order to foreclose on security interests the firm obtained on trademark registrations owned by WYD (Las Vegas Trademark Attorney)

Knoll – Knoll sues Mod over ‘look-alike’ furniture (The Trademark Blog)

Pro-Football – Petition for certiorari filed in Harjo v Pro-Football (TTABlog)

Weight Watchers – Weight Watchers sues Nestle over use of points in connection with Skinny Cow ice-creams and Lean Cuisine ready-meals (IPKat) (The Trademark Blog)


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