General Global Week in Review 22 June 09 from IP Think Tank

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

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Highlights this week included:

David Kappos next USPTO director (Peter Zura’s 271 Patent Blog) (Patently-O) (Anticipate This!) (IP Watchdog) (Chicago Intellectual Property Law Blog) (Managing Intellectual Property) (Intellectual Property Watch) (BLOG@IP::JUR) (IAM) (Public Knowledge) (Patent Baristas) (PatentBIOtech) (Patent Docs)

Member states endorse senior WIPO appointments (WIPO) (Afro-IP) (Managing Intellectual Property) (Intellectual Property Watch) (IAM)

Ocean Tomo sells patent deal business for $10 million (Managing Intellectual Property) (IAM) (Intellectual Property Watch)

Global – General

Europe’s ever changing landscape Pirate Party, Loi Hadopi and generic drug seizures IP Think Tank podcast 15 June 2009 (IP Think Tank)

IP informatics resource that will astound (IP Think Tank)

Member states endorse senior WIPO appointments (WIPO) (Afro-IP) (Managing Intellectual Property) (Intellectual Property Watch) (IAM)

WIPO works out plans for staff separations, financial disclosure (Intellectual Property Watch)

OECD report ‘Policy Responses to the Economic Crisis: Investing in Innovation for Long-Term Growth’: ‘creative destruction’, innovation focus needed in economic crisis (Intellectual Property Watch)

Drafting licensing agreements: Will the licensor warrant non-infringement? (IP finance)

International bank of IP: a proposal for knowledge liberalisation (IPKat)

How to fight fakes in a down economy (Managing Intellectual Property)

Global – Patents

Nations work to make IP systems combat climate change (Intellectual Property Watch)

When prioritising IP, look to green tech (Technology Transfer Tactics)

Global – Copyright

What is the (copy)right way to maximise IP rights upon insolvency? (IP finance)


Federal Civil and Commercial Court of Appeals of Buenos Aires orders Cueros Del Norte to stop using Puma’s ‘inverted pipe’ design for sports shoes (IP tango)


Virgin unsuccessful in opposition to ALL DAY, EVERY DAY, LOW registration by Qantas (Australian Trade Marks Law Blog)

Speeding up procedure: IP Australia announces additional reforms (Mallesons Stephen Jaques)

Australia’s innovation patent system provides real value (Patent Baristas) (Patent Baristas)


Canada confirms ACTA participation (Michael Geist)

Conference Board of Canada issues statement on IP reports (Michael Geist) (Michael Geist) (Excess Copyright)

Jamie Boyle on Obama administration opposition to rights for the blind etc (Excess Copyright)


Which comes first, the China trademark or the China OEM contract? (China Law Blog)


ECJ issues preliminary ruling in L’Oreal/Bellure regarding whether imitation perfumes were protected as permissible comparative advertising (Class 46) (IPKat)

CFI: Proof of trade mark use: Harwin International LLC v OHIM, Cuadrado SA (IPKat)

CFI: Last minute reprieve for passing off: Last Minute Network v OHIM-Last Minute Tour (IPKat)

CFI dismisses Korsch’s appeal against refusal to grant CTM for ‘PharmaResearch’ due to lack of distinctive character and descriptiveness: Korsch AG v OHIM (Class 46)

Board of Appeal of OHIM: JUST SKIN rejected as descriptive and lacking of distinctiveness for cosmetics (Class 46)

EU Council still not disclosing ECJ referral for unified patent litigation system (BLOG@IP::JUR)

Who might be the next EPO president? (BLOG@IP::JUR)

New Madrid fees for applications designating the EU to become effective 12 August (Class 46)

Latest European appellations registered: Polish TSG Olej rydzowy for oils; Italian PGI Abbacchio Romano for meat (Class 46)


Patents, public interest and pricing: Madras High Court decision in M C Jayasingh v Mishra Dhatu Nigam Ltd & Ors (Spicy IP)

Ramkumar patent case: New Delhi Customs favours Samsung; Customs order stayed by Madras High Court (Spicy IP) (Spicy IP)

Design v copyright: Need for clear and rational distinction (Spicy IP)

Incentivising the IITs: Firms step up (Spicy IP)

Scrabble and the copyright design interface: a 3D issue? (Spicy IP)


English version of Israel patent database available (The IP Factor)

Israel Patent Office gears up for filing online (The IP Factor)

Adjudicator of IP rules AMERICAN APPAREL lacks distinguishing features (The IP Factor)

‘Ein Gedi’ not acceptable as a word mark (The IP Factor)


Japan starts new patent prosecution highways with Austrian Patent Office and IP Office of Singapore (Managing Intellectual Property)


Libya cuts trade mark filing formalities (Afro-IP)


Piracy threat to Nigerian movie industry (Innovationpartners)

South Africa

SAMRO (South African Music Rights Organisation) image change (Afro-IP)

Television content industry march plays role in SABC resignations however industry still remains unpaid (Afro-IP) (IP finance)


Commercial Court of Aargau finds no likelihood of confusion between trade dress of Knorr’s ‘Grazialle’ soup and Bon Chef’s ‘Grisella’ soup (Class 46)


Thailand seeks to toughen IP laws to punish buyers of pirated or fake goods (Intellectual Property Watch)

United Kingdom

EWHC Court of Appeal: Claim construction post-Protocol amendments – no change: Ancon v ACS (PatLit) (IP Frontline) (IPKat)

EWHC Patents Court: When experts change their minds: Edwards Lifesciences AG v Cook Biotech Incorporated (PatLit) (IPKat)

EWHC Patents Court: last remaining claim invalidated as mere discovery: Tate& Lyle Technology Ltd v Roquette Freres (IPKat)

Estate of Adrian Jacobs issues proceedings against Bloomsbury alleging ‘Harry Potter and the Goblet of Fire’ infringes copyright in ‘The Adventures of Willy the Wizard – No 1 Livid Land’ (1709 Copyright Blog)

Working Group of the IP Court Users’ Committee publishes proposals Patent County Court reform (1709 Copyright Blog) (IPKat)

PPL is behind Performance Rights Bill (1709 Copyright Blog)

United States
US General

David Kappos next USPTO director (Peter Zura’s 271 Patent Blog) (Patently-O) (Anticipate This!) (IP Watchdog) (Chicago Intellectual Property Law Blog) (Managing Intellectual Property) (Intellectual Property Watch) (BLOG@IP::JUR) (IAM) (Public Knowledge) (Patent Baristas) (PatentBIOtech) (Patent Docs)

USPTO news: E-Commerce alert – tips to improve your e-filing effectiveness (Patent Docs)

IP protection in the US fashion industry (IP Osgoode) (IP Osgoode)

US General – Decisions

California Supreme Court reaffirms strong public policy against covenants not to compete: Edwards v Arthur Andersen (Intellectual Property Law Blog)

California Court of Appeals affirms award of $1,641,216 attorneys’ fees and costs to former employees who successfully defended a trade secrets action brought by a former employer: FLIR Systems v Parrish (Intellectual Property Law Blog)

US General – Lawsuits and strategic steps

EFF – EFF and Public Knowledge reluctantly drop lawsuit for information about ACTA (EFF)

US Patent Reform

Patent reform: damages – audio session (Peter Zura’s 271 Patent Blog)

US Patents

Patent Office extends comment period regarding deferred examination (Patent Docs)

Analysing joint infringement in patent cases (IP Frontline)

Ocean Tomo sells patent deal business for $10 million (Managing Intellectual Property) (IAM) (Intellectual Property Watch)

House of Representatives back amendment to Foreign Regulations Authorisation Act that establishes US policy opposing any global climate change treaty that would weaken IP rights (Green Patent Blog)

ACT calls on CAFC to rein in big company abuse of patent system (IAM)

Looming crisis at BPAI – appeals backlog increasing dramatically (Inventive Step)

What on earth was the Wall Street Journal thinking? – obvious errors in Crovitz’ article (IAM) (IP Watchdog)

Bilski at the BPAI – What a mess (Part 1 – Peter Zura’s 271 Patent Blog)

PPAC meeting sets the stage for patent quality improvements (Peter Zura’s 271 Patent Blog)

Did you know… that public interest factors can trump the finding of a violation at the ITC? (ITC 337 Law Blog)

Academic perspectives on issues raised in Bilski case (IP Osgoode)

Star Scientific teaches a valuable lesson to all IP share investors (IAM)

US Patents – Decisions

CAFC: Appealing BPAI rejections to the Federal Circuit: In re Baggett (nonprecedential) (Patently-O)

CAFC: Preliminary injunctions and obviousness in design patent law: Titan Tire Corp v Case New Holland, Inc (Patently-O)

District Court N D Illinois: Post-filing assignment cannot create standing: MacLean-Fogg Co v Edge Composites LLC (Chicago Intellectual Property Law Blog)

ITC issues final determination of s 337 violation by MEMS Technology Berhad in relation to silicon microphone packages in investigation responding to complaint by Knowles Electronics (ITC 337 Law Blog)

ITC: Initial determination of s 337 violation issued in investigation of Samsung concerning LCD modules (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Fluke Products – Fluke files declaratory judgment action against Aines Manufacturing in relation to modular telephone plugs (Washington State Patent Law Blog)

Red Bull – ITC launches investigation into import and distribution of energy drinks by Chicago Import, Lamont, India Imports, Washington Food and Supply, Vending Plus and Baltimore Beverage Co, following complaint from Red Bull (ITC 337 Law Blog)

UNeMed – ITC institutes investigation regarding products containing creatine ethyl ester in response to complaint lodged by UNeMed against Bodyonics, Engineered Sports Technology, Proviant, NRG-X and San Corporation (ITC 337 Law Blog)

Victoria’s Secret – Ms Heather Knox accuses Victoria’s Secret’s ‘Bo Fit Bra’ of infringing her patent for ‘multi-layer uplift bra’ (The IP Factor)

US Copyright – Lawsuits and strategic steps

Omega – Public Knowledge asks Supreme Court to prevent manufacturers from using copyright to restrict consumer choice of products: Costco Wholesale v Omega (Public Knowledge) (Public Knowledge)

Salinger, J D – Publication of unauthorised sequel to ‘Catcher in the Rye’ temporarily blocked while District Judge considers whether the sequel qualifies as ‘fair use’ (IPKat)

US Trademarks

TTAB’s accelerated case resolution procedures probably should be required (Seattle Trademark Lawyer)

How sound is your sound mark knowledge? (TTABlog)

US Trade Marks – Decisions

District Court N D Illinois: Colour trademark infringement is a question of fact: WMH Tool Group Inc v Woodstock International Inc (Chicago Intellectual Property Law Blog)

9th Circuit amends opinion on tribal court jurisdiction in trademark case: Philip Morris USA v King Mountain Tobacco (Seattle Trademark Lawyer)

TTAB precedential no 23: TTAB refuses to hear belated fraud claim, finding it not tried by consent: Morgan Creek Productions, Inc v Foria International, Inc (TTABlog)

TTAB precedential no 24: TTAB finds another Motorola ‘chirp’ sound unregistrable: Nextel Communications, Inc v Motorola, Inc (precedential) (TTABlog)

TTAB: Fame of Gibson Guitar’s ‘Dove Wing Peg Head’ design brings TTAB 2(d) victory: Gibson Guitar Corp v Concordia Investment Partners (not precedential) (TTABlog)

TTAB affirms rejection of SOU filed by assignor after assignment: In re PMSI, Inc (not precedential) (TTABlog)

TTAB says DUNES on slot machines not a proper specimen for casino services: In re Bellagio, LLC (not precedential) (TTABlog) (Las Vegas Trademark Attorney)

US Trade Marks – Lawsuits and strategic steps

Wham-O – Manley Toys seeks declaratory judgment that ‘Boogie Board’ is generic for body boards (Las Vegas Trademark Attorney)


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