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

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

Highlights this week included:

USTR releases finalized ACTA (Public Knowledge) (IP Watch) (Techdirt) (Patently-O) (ipwars) (Michael Geist) (IPKat) (Knowledge Ecology International) (Spicy IP)

USPTO looks to streamline appeals by amending BPAI Rules (271 Patent Blog) (Patents Post Grant Blog) (Patently-O) (Inventive Step) (Director’s Forum) (IP Spotlight)

Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored.


Global – General

Building from the base up, or is that down? (IP Think Tank)

3 great reasons to outsource IP processes (IP Think Tank)

Global – Trade Marks / Brands

Brand preferences and childhood: Right here, right now (IPKat)

Brand name auction (Seattle Trademark Lawyer)

Global – Patents

Patentology newsbytes (Patentology)

Advanced patent search, and it’s free (Securing Innovation) (Securing Innovation)

Boot camps: do expert witnesses need them? (PatLit)

“When to sue” training for university TTOs: is it US-only? (PatLit)

Taking control of outside legal spending (inovia)

Global – Copyright

USTR releases finalized ACTA (Public Knowledge) (IP Watch) (Techdirt) (Patently-O) (ipwars) (Michael Geist) (IPKat) (Knowledge Ecology International) (Spicy IP)

ACTA: USTR’s talking points to WTO Council for TRIPS (Knowledge Ecology International)

A KEI note to Library of Congress about ACTA text (Knowledge Ecology International)

Non-responsive letter from David Kappos of USPTO to Senators Sanders and Brown regarding ACTA consistency with US law (Knowledge Ecology International)

Member States continue discussions on Key Copyright Issues (WIPO)

WIPO Copyright Committee tackles visually impaired access, other exceptions (IP Watch)

WIPO Copyright Committee agrees to extra time on visually impaired access (IP Watch)

Copyright 2.0 show – episode 175: Final draft of ACTA released (PlagiarismToday)

Copyright in trade marks: are there problems? (Class 46)


Never tear us apart… court battles over INXS fortune (IP Whiteboard)

Singing the white shark grey goods blues … Sporte Leisure Pty Ltd v Paul’s International Pty Ltd (No 3) (IPKat)

Australian Patent Office creates uncertainty on patentability of business methods (Patent Baristas)

IP Australia announces upcoming launch of full text patent searching (Patentology)

Lotto Prize schemes not patentable, says Australian Patent Office – Iowa Lottery (Patentology)


‘The challenges of securing intellectual property rights in emerging markets’ – IP Forum – 2 December 2010 (IP tango)


Supreme Administrative Court upholds decision to dismiss patent relating to gravity power system (Kluwer Patent Blog)


Oops, the Star did it again. Sorry, Michael Enright – Star copyright editorial (Excess Copyright)

Access Copyright changes counsel in proposed post-secondary 1,300% increase tariff; Board rules on status of 99 objectors (Excess Copyright) (Excess Copyright) (Excess Copyright) (Michael Geist)

University of Alberta looking to walk away from Access Copyright (Michael Geist)

Trade-mark update: Indigo wins in battle for IREWARDS: Indigo v. Preferred One (IPblog)

Students call on government to drop book import controls (Michael Geist)


Chilean miner registers copyright in note (IP Osgoode)

Iron Maiden fails to cancel clothing mark in Chile (IP tango)


IP Dragon featured as top 50 Patent Blog (IP Dragon)

IP Dragon chosen as one of the ‘25 Blogs Chinese advertisers should read’ (IP Dragon)

Are intellectual property rights a subspecies of human rights? (IP Dragon)

Hotlines IPR in China (IP Dragon)

More Chinese trademarks more vehicles of innovation = More innovation? (IP Dragon)

Infringers behaving badly: Recent China IP miscellany (China Hearsay)

China recognises Scotch Whisky as geographical indication (IP Dragon)

China announces plans to own key patents in newly emerging and traditional industries (IAM)

Costa Rica

Costa Rica musicians demand respect for copyright – and a share of the cake (IP tango)


Are lengthy patent PI hearings a red herring? (Kluwer Patent Blog)

Maritime & Commercial Court: Pilgrim’s pyrrhic victory? – unregistered Community design infringement: Pilgrim A/S v Dansk Smykkekunst A/S (Class 99)

East Africa

Faking it (Afro-IP)


Ethiopian coffee licensing: what is the real story? (Afro-IP)


A new EPO president with very different priorities (IAM)

There could be trouble ahead for the EPO unless it acts on users’ concerns (IAM)

A Lidl bit pricier? Can consumers verify Vierzon? The CJEU rules in comparative advertsing case Lidl SNC v Vierzon Distribution SA (IPKat)

Improved procedure for Euro-PCT applications (Kluwer Patent Blog)

EU – Ministers fail to agree on EU patent (EPLAW) (ip:jur) (IP Osgoode)

More protected names for EU foodstuffs (Class 46) (Class 46) (Class 46)

ECJ to rule on criteria for registration of position marks: X Technology Swiss GmbH v OHIM (Class 46)

Osama kin back in brand equity play? (Ron Coleman’s Likelihood of Confusion)

ONEL – Pieter Veeze’s 2010 Markenforum speech (Class 46)


Cour d’appel Paris: French law implementing London Protocol procedural so to be enforced immediately with retroactive effect: Unilever v. INPI (Kluwer Patent Blog)


Deutsche Bahn: combination of grey and red colours remain free to use by competitors in railway sector (Class 46)

Court of Appeal The Hague: No infringement, no equivalence: AGA v. Occlutech (Kluwer Patent Blog)


Court of Appeal Thessaloniki: Patent covering ornamental light device lacks novelty and inventive step: Palaiochorinos S.A. v. Papanastasiou (Kluwer Patent Blog)


Making the case for responsible science for a safe environment (IP Watch)

Delhi HC rules against Gatorade and Saffola descriptive tag-words: Losorb vs Low Absorb (Spicy IP)

Patent Office achieves ‘gold standard’, demands Rs. 104,000 to deliver certified copies of 26 documents!!!! (Spicy IP)

Proposed ‘Legal Services Board’ to cover even ‘Patent Agents’ (Spicy IP)

Post grant amendments under the Indian Patent Act (Spicy IP)

Right to begin: Madras HC on Bajaj-TVS case (Spicy IP)


Israel patent for slabs with decorative inserts successfully opposed as lacking novelty (IP Factor)

Israel judge issues injunction against Eilat Hotel calling itself a sport hotel (IP Factor)

Court finds copyright in exam questions and fines the Institute of Certified Public Accountants in Israel (IP Factor)

Zvika Pik to pay half a million Shequels compensation to Alon Levine for Diva (IP Factor)


New provision on summary DJ actions in Italy (Kluwer Patent Blog)

Italian copyright in transition (Class 99)


PPH pilot program between the Japan Patent Office (JPO) and the Spanish Patent and Trademark Office (SPTO) (Takaoka IP Japan Patent Attorney Library)

New Zealand

NZ Patent Office rejects applicant’s late-filed evidence: Foot Steps Orthotics Pty Limited v Foot Science International Limited (Patentology)


Will higher office fees deliver better services? (Afro-IP)


Poland: the battle over OXFORD (Class 46)


Damages for damaging a brand: Tullis Russell v Inveresk (IP finance)

South Africa

SAIIPL’s new pres, transhipment and Afro-IP stats (Afro-IP)

Johnson & Johnson application dismissed in counterfeit goods case (Afro-IP)


Trademark priority rights and the Taiwan question (China Hearsay)

United Kingdom

Belgian SCAM brings cash to British journos (1709 Blog)

The PCC Page, no.6: Judge injects meaning into ‘SME Court’ (PatLit)

IP Enforcement Report: some real data for SME patent enforcement (PatLit)

IP enforcement and SMEs: the truth! (IPKat)

Copying without infringing: conference report 1 to 4 (IPKat) (IPKat) (IPKat) (IPKat)

PCC considers transfer of proceedings to Patent Court in High Court: ALK-Abello v. Meridian Medical Technologies (EPLAW)

Monday miscellany: Schütz (UK) Limited v Werit UK Limited, Protechna SA; Superman’ logo drug dealer jailed (IPKat)

Not the 2012 Olympics: Willie and Kate to wed (IPKat)

UK government gets acid response from ACID (Class 99)

United States

US General

USCC 2010 Report released (IP Dragon)

USPTO issues performance and accountability report for Fiscal Year 2010 (TTABlog)

US Patent Reform

Patent Reform in the lame duck congress? (Inventive Step)

US Patents

USPTO looks to streamline appeals by amending BPAI Rules (271 Patent Blog) (Patents Post Grant Blog) (Patently-O) (Inventive Step) (Director’s Forum) (IP Spotlight)

USPTO announces extension and expansion of Green Technology Pilot Program (Green Patent Blog)

The enhanced examination timing control initiative part 2 & 3: Advantages and disadvantages; implications for foreign (Maier & Maier) (Maier & Maier)

How effective are pre-appeal brief conferences? (Patently-O)

Statutory bar prior art in the non-obviousness analysis (Patently-O)

Patent prosecution rates (Patently-O)

US Patents – Decisions

CAFC ruling opens possibility of using new evidence in Section 145 patent appeal proceedings: Hyatt vs. Kappos (IP Spotlight) (Patent Docs)

Sham patent reexamination action not available in State Court says CAFC: Lockwood v. Sheppard, Mullin, Richter & Hampton (Patents Post Grant Blog) (Patently-O)

Change in patent reexamination stalls Texas litigation: SouthWire Company v. Cerro Wire, et al. (Patents Post Grant Blog) (Docket Report) (

District Court S D Indiana: Defendants’ statements challenging validity of asserted patents undermine equitable estoppel defense: Lautzenhiser Technologies, LLC v. Sunrise Medical HHG, Inc., et. al (Docket Report)

District Court M D Florida: No willful infringement as to patents issued after filing of infringement suit: Harris Corp. v. Federal Express Corp. (Docket Report)

District Court Nevada: Plaintiff’s control of ex parte reexamination schedule negates prejudice from stay: Tablemax IP Holdings, Inc. et al v. Shuffle Master, Inc (Docket Report)

District Court E D Pennsylvania: Marking with conditional language does not negate inference of intent to deceive: Hollander v. Etymotic Research, Inc. (Docket Report)

BPAI finds examiner rendered claim term superfluous during prosecution: Ex parte Castillo (Gray on Claims)

Hollow Victory for Virginia Patent Foundation in patent reexamination: University of Virginia Patent Foundation v. General Electric Company (Patents Post Grant Blog)

US Patents – Lawsuits and strategic steps

Georgia-Pacific Consumer Products – Parties move to terminate Draco, Vida, New Choice, Kruger, and KTG from investigation based on consent order in the matter of Certain Electronic Paper Towel Dispensing Devices and Components Thereof (ITC 337 Update) (ITC Law Blog)

Hewlett-Packard – ALJ Rogers denies motion to dismiss and for sanctions on procedural grounds in the matter of Certain Inkjet Ink Cartridges with Printheads and Components Thereof (ITC 337 Update)

Interactice Life Form -Initial determination finds respondent Satistec, LLC in default in the matter of Certain Devices Having Elastomeric Gel and Components Thereof (ITC 337 Update)

Radiodetection – Parties file joint motion to terminate investigation based on settlement in the matter of Certain Underground Cable and Pipe Locators (ITC 337 Update) (ITC 337 Update)

US Copyright

Copyrights, patents, and international exhaustion (Patently-O)

US Copyright – Decisions

District Court S D New York issues restraining order in HarperCollins vs. Gawker (Ron Coleman’s Likelihood of Confusion)

US Copyright – Lawsuits and strategic steps

Omega – Supreme Court hears gray goods arguments: Omega v Costco (IPKat)

US Trademarks


US Trade Marks – Decisions

CAFC affirms TTAB’s decision in ANTHONY’S Pizza 2(d) Brouhaha (TTABlog)

District Court W D Washington: Comply with even routine Court Orders or risk dismissal: Baxter v. John Doe I-X (Seattle Trademark Lawyer)

Test your TTAB judge-ability: Is AUDIOTURD & Design scandalous under Section 2(a)? (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Hard Rock Hotel Holdings – Hard Rock Hotel fires back against Hard Rock Café trademark lawsuit. . .and reveals the true story behind the dispute (Las Vegas Trademark Attorney) (Property, intangible) (IPKat)

Madonna – We may be living in a material world, but can Madonna claim MATERIAL GIRL? (IP Whiteboard)

Rawlings Sporting Goods – W D Washington modifies preliminary injunction order against Under Armour: Rawlings Sporting Goods Co., Inc. v. Under Armour, Inc. (Seattle Trademark Lawyer)

%d bloggers like this: