General Global Week in Review 24 January 2011 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:

CAFC: Legal malpractice in federal courts: Warrior Sports v. Dickinson Wright and John Artz (Patently-O) (PharmaPatents)

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

7 reasons to give away your intellectual property (IP Think Tank)

Treat IP as a legal-only issue (no. 11 in our list of IP mistakes) (IP Think Tank)

Global Forum on IP: Report 2 (IPKat)

Retainer fees and IP practice: Questions, questions, everywhere (IPKat)

WTO negotiators draft register for geographical indications (IP Watch)

Companies need a more complete and strategic picture of their value and ways to compete that’s not found in conventional financial statements… (Business IP and Intangible Asset Blog)

Global – Trade Marks / Brands

New logo, big challenge for the Starbucks IP team (IAM)

Global – Patents

Patent Metrics: Patent benchmarks to transform your organization (IP Vision)


Australia-US patent prosecution highway extended and expanded (Patentology)

‘Psychological analysis’ unpatentable, says APO’s First Principles decision (Patentology)


The Access Copyright interim tariff – Looming January 21, 2011 deadline and issues regarding judicial review (Excess Copyright)


Should the US force Chinese companies to transfer technology? (China Hearsay)

… A comparative analysis of SIPO’s Examination Guidelines 2006-2010 is available? (Takaoka IP Japan Patent Attorney Library)

What about Chinese companies taking your IP and what to do about it (China Law Blog) (China Law Blog)

China patent grants up 40%, filings up 25% in 2010 (271 Patent Blog)

100 percent Australian made UGG Boots from China (IP Dragon)

 New Game: Claim to have organised a conference you did not, say sorry and pay RMB 1 (IP Dragon)


Article 135 saves Adidas stripes in Colombia (IP tango)


ECJ ruling – The princess and the personal name – interface with IP in Finland (IPKat)

ECJ – BEST BUY not identified as the ‘world’s largest consumer-electronics retailer’ (Class 46)

General Court – Genuine use of PINE TREE by tacit consent – Park v OHIM (Class 46)

Leo and the lions – OHIM BoA upholds rejection of opposition of marks containing LEO for jewellery (Class 46)

More GIs from the Commission (Class 46)


French damages: a frank response (IP finance)


Are you a budding plant varieties lawyer? If so, read on … Josef Geistbeck and Thomas Geistbeck v Saatgut-Treuhandverwaltungs GmbH (IPKat)

Neuschwanstein Castle trade mark dispute (IPKat)

German Federal Patent Court: ‘Pornotube’ trade mark decision (Class 46)

German Federal Patent Court: ‘Die Alliierten’ (in English: the allies) trade mark(Class 46)


Draft Patents (3rd Amendment) Rules out now – open to comment (Generic Pharmaceuticals and IP) (Spicy IP)

Reciprocal recordings: Copyright charity must end at home (Spicy IP)

Delhi High Court orders the Secretary, DIPP to investigate missing files in the Trade Mark Office (Spicy IP)

Indian Patent Office – Missing decisions (Generic Pharmaceuticals and IP)

IPAB knocks down 12 patents of Dr. Alloy Wobbens; Major victory for Enercon India (Spicy IP)


3D trademark application for tahini container rejected – but for all the wrong reasons (IP Factor)


New logo of the Japan Patent Office (Takaoka IP Japan Patent Attorney Library)


Industrial application of the device, Administrative Court of Voivodeship Warsaw (Wojewódzki Sąd Administracyjny w Warszawie)  (Kluwer Patent Blog)

A actio popularis in trade mark cases (Class 46)

Descriptive designations (Class 46)

South Africa

INTA’s African Regional focus scrapped! A call to action (Afro-IP) (Afro-IP)


More on ‘omnibus’ claims included in patents granted under the 1929 Patent Act (Kluwer Patent Blog)


Court of Patent Appeals Stockholm Niconovum AB vs. McNeil AB, (Kluwer Patent Blog)


No peace for Buddha Bar in Switzerland (Class 46)

United Kingdom

PCC Page 12: Robot Octopus takes a break? (PatLit)

United States

US General

USPTO launches websites to discuss patent and trademark procedures (inovia)

US Patent Reform

Will patent reform come up in a big way in the 112th Congress? (IPBiz)

Patent Reform buzz growing (Patents Post Grant Blog)

US Patents

USPTO patent grants (Patently-O) (Patently-O) (Inventive Step)

New House Judiciary Chairman outlines resolutions (Patent Docs)

If at first you don’t succeed . . . HR 243 (Re) introduced in house to curb false marking claims (271 Patent Blog)

Survey on willful infringement (Patently-O)

US Patents – Decisions

CAFC: Legal malpractice in federal courts: Warrior Sports v. Dickinson Wright and John Artz (Patently-O) (PharmaPatents)

BPAI: Removing terminal disclaimers by patent reissue: Ex parte Shunpei Yamazaki (Patents Post Grant Blog)

District Court N D Ohio: Equitable intervening rights: Bendix Commercial Vehicle Systems LLC, et al v. Haldex Brake Products Corp (Patents Post Grant Blog)

District court N D Illinois: Pequignot does not address pleading requirements for false marking intent to deceive: Patent Compliance Group Inc. v. Brunswick Corporation (Docket Report)

District Court E D Texas: Formation of company to prosecute false marking claims does not manipulate venue: Texas Data v. Target (Docket Report) (

Claim amendments in reexamination eliminate patentee’s right to past damages: District Court C D California – Antonious v. Roger Cleveland Golf Company, (Reexamination Alert)

US Patents – Lawsuits and strategic steps

Horizon Hobby – Horizon Hobby files new 337 complaint regarding Certain Radio Control Hobby Transmitters and Receivers (ITC Law Blog)

Remy International – ITC Institutes Investigation (337-TA-755) regarding Certain Starter Motors and Alternators (ITC Law Blog)

Schweitzer-Mauduit International – ITC institutes investigation (337-TA-756) regarding Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (ITC Law Blog)

USPTO – PTO Director initiates reexamination against gift tax patent in – Reexamination requests filed in the week of January 10, 2011 (Patent Law Practice Center)

US Copyright

Copyright 2.0 Show – Episode 181 includes: Promo CDs can be resold; Mattel’s claim against MGA over Bratz Dolls gets limited (Plagiarism Today)

US Copyright – Decisions

District Court M D Tennessee: Attorneys fees denied for prevailing party: Roger Miller Music Inc. v. SONY/ATV Publishing LLC (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Koons, Jeff – Artists Jeff Koons sends cease and desist notices to Park Life and Imm-Living  (IP Factor)

Schrock – Contract claims sound in copyright: Schrock v. Learning Curve Int’l, Inc.(Chicago IP Litigation)

US Trademarks

TTAB issued 50 precedential decisions in 2010 (TTABlog)

US Trade Marks – Decisions

SCOTUS: Likelihood of confusion bows to fair use: KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc. (Ron Coleman’s LIKELIHOOD OF CONFUSION)

Applying issue preclusion, TTAB grants summary judgment in clash of the star registries: Tonya S. Vaughan v. International Star Registry of Illinois, Ltd. (TTABlog)

TTAB refuses to cancel ATL’S BADDEST CHICKS registration: Petitioner failed to prove ownership or fraud: Littel Concepts, LLC v. Striker Records, Inc   (TTABlog)

Test your TTAB judge-ability: Are PAULETTE and PAULETTE MACARON confusingly similar to PAUL for bakery goods? (TTABlog)

Finding bricks related to mortar and grout, TTAB sustains 2(d) opposition to STONEL over STONEFIL (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Citigroup – CAFC hears oral argument: Citigroup v Capital City Bank (TTABlog)

Cupcakery – Internal business dispute over ‘The Cupcakery’ trademark reignites (Property, intangible) (Las Vegas Trademark Attorney)

Whiting, Denise – The HON trademark controversy heats up Baltimore (Maryland IP Law)

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