General Global Week in Review 23 Nov 09 from IP Think Tank

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Highlights this week included:

US Supreme Court refuses to hear Chicago Redskins complaint: Suzan Harjo v. Pro-Football, Inc (The IP Factor) (TTABlog)

Brazil gets closer to listing US IP retaliation targets (IP tango)

Global – General

Why the lack of ACTA transparency is not standard (Michael Geist)

WIPO, a (rare) profitable UN agency, ventures into world of donors (IP Watch)

WIPO Director wraps up official visit to India topped by meeting with Prime Minister (WIPO)

Delegates look to April for consensus on development agenda coordination (IP Watch)

International conference calls for concrete outcomes on traditional knowledge, generic resources, and traditional cultural expressions (WIPO)

‘The most happening of times’: so what about IP transactions? (IPKat)

Maximising IP and intangible assets: new report (IP finance) (Innovationpartners)

Protecting developing countries through the Trips Agreement: What is the real state of play? (IP Osgoode)

WIPO and the future of IP (IP Osgoode)

Global – Trade Marks / Brands

Trade mark portfolio management software: market survey (Class 46)

Trade mark licences: Beware of the unconventional – Australian case Pacific Brands Sports & Leisure Pty. Ltd v Underworks Ptd. Ltd (IP finance)

Global – Patents

WIPO Development Committee deepens look at technology transfer, coordination (IP Watch)

Global – Copyright

Longer copyright terms and disincentives: paper by Francisco Alcalá and Miguel González-Maestre (Excess Copyright)

Bloomberg v The New York Times: Who will provide the contents? (IP finance)


Trade mark use: We need a more balanced solution – FCA decision in Alcon v Bausch & Lomb (Australian Trade Marks Law Blog)

FCA on trade marks as security for costs: Austin, Nichols & Co Inc v Lodestar Anstalt (ipwars)

Minister for Innovation decides not to change regulatory regime for books – publishers keep territorial exclusivity (LawFont) (Managing Intellectual Property)

Non-English language publications may not be citable art: APO decision in Euroceltique SA v Sandoz Pty Ltd (Patents4Life)


Supreme Court: No trade mark for ‘Summer Skin’ in case between Benelux Organisation for IP and Janssen Pharmaceutica (Class 46)


Brazil gets closer to listing US IP retaliation targets (IP tango)

Brazil signs agreement with England and seeks knowledge for the 2016 Olympic Games: Will the existing technology transfer framework permit it? (IP tango)


OECD confirms Canada among lowest sources of counterfeiting (Michael Geist)


Chilean wine does not escape piracy (IP tango)


IP as loan collateral – another China innovation policy (China Hearsay)

Look behind the headlines and China’s patent miracle is a lot easier to explain (IAM)

Raising the bar of novelty – amended Patent Law (China Blawg)

China patent series: Inventors and ownership (Maier & Maier)


CFI: THINKING AHEAD not allowed – insufficiently distinctive, likely to be remembered in a promotional sense, rather than indication of origin: Apollo Group v OHIM (Class 46)

CFI: CLEARWIFI – the meaning is too clear to be registered: Clearwire Corporation v OHIM (Class 46)

CFI finds CANNABIS descriptive for alcoholic beverages: Giampietro Torresan v OHIM, Klosterbrauerei Weissenohe GmbH & Co. KG (IPKat) (Class 46)

CFI: Frag Comercio Internacional, SL v OHIM, Tinkerbell Modas LTDA – Have you ever seen two less likely allegedly similar marks? (IPKat)

OHIM Board of Appeal rules on functional designs: R 690/2007-3 (Class 99)

X5 and CEO Are they still riding side by side – Munich District Court and Turin District Court draw deviating conclusions in design dispute (Class 99)

USPTO’s transparency puts Europe to shame (IAM)

EU community patent and UPLS: Will there be a political breakthrough soon? (BLOG@IP::JUR) (PatLit)

Transmission of information in Europe – patentable subject matter? (Patents4Life)

R&D: the biggest spenders – discussion of 2009 EU Industrial R&D Scoreboard (IPKat)

New search tool by OHIM and participating offices (Class 46)

EPO – Many more changes coming next year (IPKat)

EU-South Korea Free Trade Agreement: For the first time in a bilateral agreement between EU and a third country, the EU provides for the protection of European geographical indications (Class 46)

Three more PGI regulations in force: Limone Interdonato Messina, Proscuitto di Norcia and Sobao Pasiego (Class 46)


The new IP litigation regime (PatLit)


Bundespatentgericht: ‘Tortellini’ and ‘Ravioli’ non-distinctive for sweets (Class 46)


India: Legality of grey market goods in India: Roche v Cipla and Strix Limited v. Maharaja Appliances (Spicy IP)

Delhi High Court rules on section 8 and 47 of the Patents Act: Lack of disclosure under s8 = no interim injunction: Chemtura Corporation v Union of India & Ors (Spicy IP) (Spicy IP)

Copyright access for the disabled and collaborative IP policy (Spicy IP)

Bumpy road ahead – Indian government eases norms in tech transfer from overseas firms (Spicy IP)


Judicial Review Officer rejects request for summary dismissal and clarifies requirements for same (The IP Factor)

Deputy Commissioner and IP Adjudicator upholds rejection of ‘Berliner’ for electrical goods (The IP Factor)


Libya amends trade mark rules: how will this affect licensing practice? (Afro-IP)


Members of Nigeria’s musical copyright society visit South Africa for training (Afro-IP)


Gazeta wants to free seized jackets bearing counterfeit Winnie the Pooh mark for use by poor children (Class 46)


New regime for Portuguese fees now in force (Class 46)

South Africa

SAGA is teed off – dispute over registration of company name South African Junior Golf Association (SAJGA) (Afro-IP)


No peace for UNOX in Switzerland (Class 46)

United Kingdom

EWHC (QB): Race team finds winning formula in court in action concerning alleged repudiatory breach of sponsorship agreement: Force India Formula One Team Ltd v Etihad Airways PJSC and Aldar Properties PJSC (IPKat)

EWHC (Pat): Get your ducks in a row for entitlement of patent priority: Edwards Lifesciences AG v Cook Biotech Incorporated (Patent Baristas)

EWHC (Ch): Taking umbrage with Umbro, or a strange way to license a sports brand: Hudson Bay Apparel Brands LLC v Umbro International Ltd (IPKat)

IPO Hearing Officer: Internet-hosted prior art and proof of publication: UK not bound by EPO level of proof: Ranger Services Ltd’s application (IPKat) (PatLit)

United States
US General

USPTO: Roundtable discussion on international work sharing (Director’s Forum)

Mueller and Brean on design patents (Patently-O)

Deposition questions on design changes (IP Frontline)

Intangible assets at risks: foreign economic collection and industrial espionage (Business IP and Intangible Asset Report and Blog)

DVD standards groups accused of freezing out EcoDiscs (Green Patent Blog)

US General – Decisions

California Court of Appeal: Broad discretion in assessing trade secret disclosures: Perlan Therapeutics v Superior Court (IP Frontline)

US Patent Reform

Swearing back under a revised US patent law: 37 CFR 1.131 equivalent in S515 (Canada Patent Blog)

NYT Op-Ed – inventing a better patent system (Anticipate This!)

US Patents

How not to invent a patent crisis (The 271 Patent Blog)

Chisum on patent law themes and inequitable conduct (Patent Docs)

Embezzler of USPTO client accounts receives 18 months in jail and ordered to restore fees (The IP Factor)

US Patents – Decisions

Supreme Court denies Every Penny Counts’ cert petition regarding claim construction (GRAY On Claims)

CAFC affirms E D Texas ruling that Iovate’s muscle building patents are invalid: Iovate & University of Florida Research Foundation v Bio-Engineered Supplements & Nutrition (Patently-O)

CAFC grants joint motion to dismiss case as moot given PTO’s decision to rescind rules, denies PTO’s motion for vacatur: Tafas v Kappos (Inventive Step)

District Court N D Illinois stays claims re one patent, but other patent claims proceed: Se-Kure Controls, Inc v Senneco Sol’ns Inc (Chicago Intellectual Property Law Blog)

District Court N D Illinios: Vacatur: Judge Posner agrees to vacate inequitable conduct holding based on settlement agreement: New Medium v Barco (Patently-O)

US Patents – Lawsuits and strategic steps

A123 Systems – A123 asks CAFC to reinstate home court advantage in battery patent suit against Hydro-Quebec (Green Patent Blog)

Bilski – ‘Looks bad for business methods’- opinion on Bilski (Patents4Life) (IPKat) (IP Directions)

Lincoln Electric – ITC: ALJ Rogers denies motion for summary determination of invalidity in certain bulk welding wire containers (337-TA-686) between Lincoln and Sidergas (ITC Law Blog) (ITC Law Blog)

US Copyright

Hollywood: Never mind the transparency, here’s the ACTA (Public Knowledge)

Shocker: Ars, Hollywood agree on need for ACTA openness (Ars Technica)

Public Knowledge statement on MPAA letter regarding anti-counterfeiting treaty (Public Knowledge)

US Copyright – Decisions

District Court N D Illinois: Joint authors must share profits of their derivative works: Donovan v Quade (Chicago IP Litigation Blog)

US Copyright – Lawsuits and strategic steps

Adidas – Topline agrees to injunction to settle Adidas lawsuit over shoe stripe designs: Adidas America, Inc v The Topline Corp. (Seattle Trademark Lawyer)

Volterra LLC – Twilight-themed restaurant re-thinking its ‘Volterra’ name (Seattle Trademark Lawyer)

US Trademarks

Important issues in TTAB cancellation proceedings: The Cold War Museum, Inc. v. Cold War Air Museum, Inc (IP Frontline)

US Trade Marks – Decisions

Supreme Court refuses to hear Chicago Redskins complaint: Suzan Harjo v. Pro-Football, Inc (The IP Factor) (TTABlog)

District Court N D Illinois’s denies motion to dismiss: Franklin Loufrani and The Smiley Company SPRLv Wal-Mart Stores, Inc (Las Vegas Trademark Attorney)

7th Circuit decision provides insight into Japanese trade mark licensing law: Sunstar, Inc. v. Alberto-Culver Co. (Property, intangible)

CAFC: affirms TTAB’s dismissal of BINT ALARAB cancellation on res judicata ground: American Rice, Inc v Dunmore Properties SA (not precedential) (TTABlog)

TTAB: finds flashlight casing not de jure functional but lacking in distinctiveness: In re Brayco Products, Ltd (not precedential) (TTABlog)

TTAB: rejects another fraud claim for inadequate pleading: Ayush Herbs, Inc v Hindustan Lever Ltd. Co (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Austinuts – Austinuts seeks review of TTAB 2(d) decision in District Court W D Texas (Austin Division): AQFTM, Inc v Austinuts (not precedential) (TTABlog)

Getty Images – Car-Freshner Corp sues Getty Images for trademark infringement (Seattle Trademark Lawyer)

Kuka Drink, Inc – Coca naming and branding: watch out Coke, Kūka is here (Product Naming Blog)

Philip Morris – Philip Morris files complaint against six grocery stores and ten John Does for selling counterfeit cigarettes (The Trademark Blog)

Playboy – Playboy sues divorce lawyer/former columnist/former Playboy model for filing application for LAWYER OF LOVE (name of her Playboy column) (The Trademark Blog) (The IP Factor)

Red Bull – ITC: ALJ Luckern denies motion requesting mandatory settlement conference in certain energy drink products (337-TA-678) (ITC Law Blog)

Seattle Home Show Inc – Parties agree that plaintiff has exclusive right to ‘Seattle Home Show’ trademark in Seattle Home Show v HSD and Homeshow Daily Sea (Seattle Trademark Lawyer)

US Polo Association – US Polo Association v Ralph Lauren re POLO and horses (The Trademark Blog)


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