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General Global Week in Review 22 February 2010 from IP Think Tank

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Highlights this week included:

Limitation and suspension of patent rights: Brazil’s cross retaliation is set to start. Will the Government really apply them? (IP Tango) (IP Watch) (China Hearsay) (IP Tango)

CAFC to look at admissibility of new evidence for BPAI appeals: Hyatt v Kappos (Peter Zura’s 271 Patent Blog) (Filewrapper) (Patently-O) (Patently-O)

Global – General

Developing IP in countries with weak IPR’s…? (Business IP and Intangible Asset Blog)

Global – Patents

If you build it, they will come: Article One’s Patent research community (Article One Partners)

Our new blog, focusing on patent quality (Article One Partners)

Global – Copyright

Toyota and TPMs (Excess Copyright)


Argentina, TRIPS compliance and patents (IP Tango)


Federal Magistrate Court orders Sydney karaoke lounge to pay additional damages for infringing copyright in certain song films: Top Plus Pty Ltd & Ors v K Square Pty Ltd & Ors (IP Whiteboard)

‘Men at Work’ liable for copyright infringement: Kookaburra gets the last laugh (IP Osgoode)

Report on Australian case law: Chiropedic Bedding Pty Ltd v Radburg Pty Ltd (Class 99)

Recent news from IP Australia (Daily Dose of IP)


Limitation and suspension of patent rights: Brazil’s cross retaliation is set to start. Will the Government really apply them? (IP Tango) (IP Watch) (China Hearsay) (IP Tango)

The LG trade mark and contested priority (IP Tango)


Malcolm Parry’s VANCOUVER LIFE fails to impress Federal Court: Sim & McBurney v. Malcolm Parry (Canadian Trademark Blog)


A unified European patent system – the historical perspective (IPJUR)

European ACTA document leaks with new details on Mexico talks and future meetings (Michael Geist) (Public Knowledge)

European Parliamentarians seek more info on ACTA (Michael Geist)

European Commission approves OTTO’s acquisition of the Quelle trade mark ‘subject to conditions’ (Class 46)

EPO Enlarged Board: Language of proceedings: G 04/08 (EPLAW) (IPKat)

Just what is Marques doing? (Class 46) (Class 46)

Pancake designs and verbal descriptions (Class 99)


German Federal Patent Court: VOLKSFLAT (Class 46)


Book titles not registrable as a trade mark says the Supreme Civil Court (Class 46)


Aamir Khan vs Javed Akhtar: India’s revolutionary copyright provision (Spicy IP) (SiNApSE)

Designing around designs (SiNApSE)

Story of an unchallenged patent: certainly uncertain (SiNApSE)

Left with no choice: IPAB just standing around (Spicy IP)

Recent appointment of V Bhaskar to DIPP,  and increasing respect for IP (Spicy IP)

Scope of Section 15 (Spicy IP)


Monkey business – dispute over use of children’s book character ‘Kofeeko’: TA 8820-01-10 Borenstein Lezer vs A.R. Zim Direct Marketing LTD (IP Factor)

Supreme Court affirms Tel Aviv District Court ruling that where Customs was dealing with the issue, they would not get involved: Imperiat TsaAttsuim vs. Diamant Tsaatsuim & Ors (IP Factor)


Italian Supreme Court tackles Rubik’s Cube CTM and establishes that protection under the Italian Criminal Code for a CTM runs from application date (Class 46)


Reclusive mathematician to Crowdsourcers: hold on there (Copyfight)

New Zealand

Five good reasons to file in New Zealand (Inovia)

South Africa

The rise of the Advertising Standards Authority (Afro-IP)

Huge sigh of relief among the IP profession: North Gauteng High Court hands down judgment in Oilwell v Protec International & Ors (Afro-IP)


The Supreme Court settles a (coyote) fight on the protection of foreign trade names (Class 46)


Tunisia goes techie for trade marks (Afro-IP)

United Arab Emirates

New design law proposed for UAE (Class 99)

United Kingdom

EWHC (QB): Formula One sponsor proves too slow off the grid: Force India Formula One Team Ltd v Etihad Airways (JIPLP)

Can Willy the Wizard pass the "Goblet of Fire" test? – Adrian Jacobs estate claim his character Willy the Wizard has been into Harry Potter and the Goblet of Fire (IP Whiteboard)

United States
US General

US business calls for IP enforcement ‘surge’, seeks new legislation this year (IP Watch)

PK and EFF joint submission: Special 301 review should respect copyright balance and increase transparency (Public Knowledge) (Michael Geist) (Public Knowledge)

US Patents

Appealing BPAI rejections in ex parte reexaminations (Patently-O)

‘Patent marking police’ out in full force (Gray on Claims)

N D Illinois local patent rules: Additional views (Chicago IP Litigation Blog)

US Patents – Decisions

CAFC finds harmless error in submitting claim construction to the Jury: Alloc, Inc. v. Pergo, Inc (not precedential) (Gray on Claims)

CAFC to look at admissibility of new evidence for BPAI appeals: Hyatt v Kappos (Peter Zura’s 271 Patent Blog) (Filewrapper) (Patently-O) (Patently-O)

District Court E D Texas: Infringement finding in Smith & Nephew patent case: Smith & Nephew v Arthrex (

US Patents – Lawsuits and strategic steps

Dorman Products – Dorman appeals from preliminary injunction order stopping sales of its regenerative air pumps, as a likely infringement of BorgWarner’s patents (PATracer)

Multimetrix – Multmetrix appeal from orders finding their patent unenforceable due to inequitable conduct before the PTO and then sanctioning them under § 285 and inherent powers: Applied Materials v. Multimetrixs (PATracer)

Whirlpool – ITC issues final determination of no violation in certain refrigerators (337-TA-632) (ITC Law Blog)

US Copyright – Decisions

6th Circuit Court of Appeals on whether confidentiality agreement between the parties protected trade secrets and copyright developed during course of confidential relationship: Multimatic Inc v Faurecia Interior Systems USA (Copyright Litigation Blog)

US Trademarks

Trademark oppositions cancellations get accelerated case resolution (Trademark Blog of the Trademark Lawyer’s Mind)

Snooki, the situation and DJ Pauly D – it was bound to happen – trade mark applications by Jersey Shore cast members (Daily Dose of IP)

US Trade Marks – Decisions

District Court W D New York: There’s always your first name – family business sale and trade mark rights: MacKenzie-Childs, Ltd. v. Victoria and Richard MacKenzie-Childs (Property, Intangible)

TTAB finds service mark application void ab initio for non-use because services were not rendered prior to filing: Parametric Technology Corporation v. PLMIC, LLC (not precedential) (TTABlog)

Applicant’s policing efforts lead to TTAB reversal of mere descriptiveness refusal of PERFECTING SERUM for skin moisturizer: In re Murad, Inc (not precedential) (TTABlog)

TTAB finds HEALTH HOME VACUUM not merely descriptive for vacuum cleaners: Oreck Holdings, LLC v. Bissell Homecare, Inc (not precedential) (TTABlog)

TTAB sustains 2(d) opposition, finding SWEDISH LUXERY and SWEDISH SLEEP SYSTEM confusingly similar for mattresses: Tempur-Pedic International Inc., et al. v. Denver Mattress Co., LLC (not precedential) (TTABlog)

9th Circuit: Judicial estoppel does not bar trade dress theory: Larin Corp. v. Mueller (Seattle Trademark Lawyer)

US Trade Marks – Lawsuits and strategic steps

Heart Attack Grill – The Heart Attack Grill commences litigation triage to save its trade dress (IP Law Blog)



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