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General Global Week in Review 22 March 2010 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:

2009 tough for international trademark filings; 2010 looking up (IP Watch) (WIPO) (IP Factor) (SiNApSE)

Brazil announces public consultation on possible retaliation of IP rights and awaits the US proposal (IP tango) (IP Watch) (IP Watch) (IP Factor) (Spicy IP) (IAM)

Global – General

Introducing Think IP Strategy (IP Think Tank)

Be polite, damn it! (IP Think Tank)

5 reasons not to do that merger and 1 reason to do it anyway (IP Think Tank)

Mad about customer service (IP Think Tank)

Update on the UNCITRAL secured transaction project (IP finance)

Intangible asset company cultures’ can be profitable! (Business IP and Intangible Assets Report and Blog)


Global – Trade Marks / Brands

Lamy: IP gaps ‘illuminated,’ but not narrower (IP Watch)

2009 tough for international trademark filings; 2010 looking up (IP Watch) (WIPO) (IP Factor) (SiNApSE)

Tommy Hilfiger goes to Phillips-Van Heusen for $3m (IP finance)

Global – Patents

Inventorship in the 21st Century (IP Osgoode)

Patent trolls and defensive patent aggregation: Two sides of the same coin? (IP Osgoode)

Checklists could be the key for managers to understand whether their company’s patents are worth the paper they’re written on (IP Asset Maximizer Blog)

The International Patents and Trademarks Database and similar scams! (IP Factor)

Global – Copyright

ACTA events around the world (Michael Geist)

New ACTA leaks: Criminal enforcement, institutional issues, and international cooperation (Michael Geist) (Ars Technica)

Official ACTA responses begin to mount (Michael Geist)


FCA: Nestle successfully appeals Aldi’s opposition to registration of 4 bar Kit Kat as a shape trade mark (ipwars)

FCA finds ‘luscious Lips’ not used as a trade mark: Nature’s Blend v Nestle Australia (IP Whiteboard)


Brazil announces public consultation on possible retaliation of IP rights and awaits the US proposal (IP tango) (IP Watch) (IP Watch) (IP Factor) (Spicy IP) (IAM)


International Trade Minister Van Loan: Canada supports release of the ACTA text (Michael Geist)

Industry Minister – Tony Clement: Copyright Bill before the Summer (Michael Geist)

Trosow on why copyright fair dealing needs flexibility (Michael Geist) (Excess Copyright)

Canadian Federation of Students support fair dealing motion (Michael Geist)

Building new models for innovation and R&D requires effective collaboration (IP Osgoode)


Chinese Courts are getting more independent, but rule of law needed to enforce IPRs is far away (IP Dragon)

Madrid, a bit chilly for China’s International Trademark Filings (IP Dragon)


ACTA treaty in Danish Parliament (Innovation Partners)


What is a ‘sample’? ECJ opinion next month in EMI Group Ltd v The Commissioners for Her Majesty’s Revenue & Customs (IP finance)

European General Court: First court decision on an OHIM design appeal: Grupo Promer Mon Graphic v OHIM – PepsiCo (Class 99)(Class 99) (IPKat)

Busy times ahead for CJ (IPKat)

OHIM: Proposed change on opposition suspensions and extensions (Class 46)

Sedano Bianco di Sperlonga (PGI): mild celery but strong legal protection (Class 46)

Filing Statistics: Croatia stars while Madrid filings slump (Class 46)

Influential EU industry group urges stronger IP focus in trade relations (IP Watch)


OHIM: Lufthansa’s AirPlus International can’t halt A+: Lufthansa AirPlus Servicekarten GmbH v Office for Harmonisation in the Internal Market, Applus Servicios Tecnológicos, SL. (Class 46)

Bundesgerichtshof rules car manufacturer cannot rely on trade marks rights to prevent scale models of original cars bearing original car manufacturer’s trade mark: Opel/Autec (JIPLP)


Are non compete clauses enforceable in India? (IP Spotlight)

India may FINALLY sign Madrid System in 2010 (SiNApSE)


Israel Patent Authority refuses revival of a design four years’ after it lapses (IP Factor)


Italy – South Korea Anti Counterfeiting Agreement (Class 46)


Kenyan campaigners anxious – fake goods continue to find their way into the Kenyan market (Afro-IP)


Paraguay: The Customs Department created a trade mark registry (IP tango)


Poland: the law of prägnanz in the trade mark law (Class 46)


Russia: MOTOexpert is confusingly similar to Motoreview (Class 46)

South Africa

North Gauteng High Court denies Blue Bulls’ motion for urgent interim interdict to prevent Jump CC from using BULLS BABES (Afro-IP)


Fines as an incidental cost for infringing – inflation renders copyright infringement fine meaningless (Afro-IP)

United Kingdom

EWHC (Ch): Guidance on the extent to which you can appeal against a ‘win’ in opposition proceedings and goodwill where part of the business no longer trades: Maslyukov v Diageo Distilling Ltd & Another (IPKat)

EWHC (Ch): No abuse to sue company chairmen in second action (copyright infringement proceedings): Ashley Wilde Group Ltd v Kocak and others (IPKat)

Procedural irregularities: when do you let go of a decision?: MIP Metro Group Intellectual Property GmbH’s international registration; opposition of Hackett Ltd (IPKat)

UK IP Minister Lammy backs EU release of ACTA text (IP Watch)

Licensee and equity – Two UK technology licensing companies announce deals in which they have sold tech licence and stake in company to overseas manufacturer (IP finance)

SMEs and patent litigation: are we asking the right questions? – EIPR article (PatLit)

United States
US Patent Reform

Dr. Michelson supports patent reform (Patently-O)

US law reform: Prefiling protection for inventors under revised S515 (CanadaPatentBlog)

US Patents

USPTO to host independent inventors’ roundtable – 29 March, 2010 (Daily Dose of IP)

It’s not easy being green: Navigating the USPTO’s Green Tech Pilot Program (Green Patent Blog)

Northern District of Illinois: False patent marking capitol of the world (Chicago IP Litigation)

False marking: Lobbying against the Senate Bill (Patently-O)

US Patents – Decisions

Federal Circuit jurisdiction over declaratory judgment actions: Laboratory Corp of America (LabCorp) v. Metabolite Labs (Patently-O)

CAFC: Florist-inventor stuck with admissions made during deposition and loses on summary judgment: Delaware Valley Floral Group v. Shaw Rose Nets (Patently-O) (Inventive Step)

District Court S D California: In re TS Tech and In re Genentech do not apply where the requested venue is a neighbouring district: HP Hood LLC v. Stremicks Heritage Foods LLC (Docket Report)

District Court E D Texas: Delay seeking transfer of venue trumps other convenience factors: eTool Development, Inc. et al v. National Semiconductor Corporation (Docket Report)

District Court W D Missouri: Vacating an invalidity ruling as a condition of a negotiated settlement: Block Financial v. LendingTree (Patently-O)

District Court N D California: Settlement + vacatur: Whitewashing an invalidated patent: Gracenote, Inc. v. MusicMatch, Inc. (Patently-O)

8th Circuit: Federal Circuit does not hold appellate jurisdiction over a refusal to compel arbitration in a patent case: Industrial Wire Products, Inc. (IWP) v. Costco Wholesale (Patently-O)

Massachusetts jury in personal injury case asks saw maker, Ryobi, to pay damages for not using another’s patented flesh detecting technology (SiNApSE)

US Patents – Lawsuits and strategic steps

Akeena Solar – District Court N D California grants Zep Solar’s motion to dismiss rival’s non-infringement DJ: Akeena Solar v Zep Solar, Inc. (Green Patent Blog)

Avago – ALJ Essex issues initial determination finding violation of section 337 by Emcore in certain Optoelectronic Devices (ITC Law Blog)

Hewlett-Packard – ALJ Essex grants motion to terminate investigation in certain inkjet ink supplies on the basis of a settlement agreement between HP and (ITC Law Blog)

Panther Vision: District Court N D Illinois chooses dictionary definitions over the parties’ claim constructions: totes Isotoner Corp. v. Panther Vision Corp. (Chicago IP Litigation Blog)

Patent Compliance Group – First false marking declaratory judgment action filed: North States Indus., Inc. v. Patent Compliance Group, Inc (Gray on Claims)

SEB – AIPLA and Federal Circuit Bar Association request for en banc rehearing on induced infringement: SEB S.A. v Montgomery Ward & Co. Inc (Inventive Step)

US Copyright

Defusing a tricky situation: ‘The Hurt Locker’ under fire – Personality rights in the US and Australia (IP Whiteboard)

Alert: Tell the Government to support balanced copyright (Public Knowledge) (Public Knowledge)

National Public Radio: ACTA causes a stir (Michael Geist)

US Trademarks

President Obama signs Trademark Technical and Conforming Amendment Act of 2010 (TTABlog)

US Trade Marks – Decisions

9th Circuit: Court improperly weighed evidence in finding liability on summary judgment:, Inc. v. Money Management International, Inc (Seattle Trademark Lawyer)

TTAB says PAPERCLIP CLUB for office supply services not confusingly similar to PAPERCLIP for office furniture: In re The Paperclip Club, LLC (not precedential) (TTABlog)

TTAB: Petitioner North Face falls flat in attempted cancellation on abandonment and fraud grounds: The North Face Apparel Corp v Gerald L Baranzyk (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Cupcakery – The Cupcakery suffers minor setback in trade mark lawsuit over term CUPCAKERY against former employee: The Cupcakery, LLC v. Ballus et al (Las Vegas Trademark Attorney)

Masters Software Inc – Software company sues network over name of ‘Cake Boss’ TV show: Masters Software, Inc. v. Discovery Communications, Inc. (Seattle Trademark Lawyer)


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