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General Global Week in Review 25 May 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:

US seeks to expand US IP enforcement efforts (Michael Geist) (China Hearsay) (Intellectual Property Watch)

CAFC rules en banc terms in product-by-process claims are limitations in determining infringement: Abbott Laboratories v Sandoz (Peter Zura’s 271 Patent Blog) (Patent Docs) (Inventive Step) (Patently-O)

Court of Appeal for District of Columbia affirms laches ruling dismissing REDSKINS cancellation: Pro-Football v Harjo (TTABlog) (The IP Factor) (ISinIP) (TTABlog) (TTABlog)

Global – General

Divisions between US and EU begin to appear over ACTA (Michael Geist)

US seeks to expand US IP enforcement efforts (Michael Geist) (China Hearsay) (Intellectual Property Watch)

IP finance Tuesday articles on IP and insolvency (IP finance)

Accounting, intangibles and the balance sheet (Tangible IP)

Global – Trade Marks / Brands

INTA report (Day 1 – IPKat), (Day 2 – IPKat) (Day 3 – IPKat) (Day 4 – IPKat) (Managing Intellectual Property)

WD 40 chose brand protection instead of patenting (Innovationpartners)

Avoid ‘planet, babies and daisies’ advertising trap, green branding consultant advises (Managing Intellectual Property)

Global – Patents

The cheapest way to invalidate a patent (IP Think Tank)

Global – Copyright

Group of countries to back proposal for WIPO treaty on blind readers’ rights (WIPO) (Excess Copyright)


INTA Africa update (Afro-IP) (Afro-IP)

Copyright exceptions needed to ensure balance in Africa, panel says (WIPO)


Labatt Brewing Company commences action against Brick Brewing Co claiming Brick’s RED BARON mark infringes its BRAVA mark (Canadian Trademark Blog)

CIPO client consultation concerning deadlines for responding to Examiner reports, deadlines for responding to CIPO requests for info concerning transfers, and ‘courtesy letters’ (Canadian Trademark Blog)

Right to repair – Canadian Bill C-273 / US Bill H R 2057 (Excess Copyright)


China insights IP Think Tank podcast 18 May (IP Think Tank)

When not to (and when to) file your China trade mark (China Law Blog)

Reality imitates fiction: China National Space Administration logo: Half Star trek, and other half… Star Trek (IP Dragon)

Grim audits of EU-China relations – IPR to the rescue? (IP Dragon)

 US Congress has an Anti-Piracy Caucus? (China Hearsay)

DKPTO spells out dark future for IP (Innovationpartners)


1999 trade mark law finally in force in Dominica (IP tango)


Estonia signs up for Singapore Treaty (Class 46)


ECJ: Wine and glasses not similar goods: Waterford Wedgwood v Assembled Investments, OHIM (Afro-IP)

Elections to the European Parliament coming soon (BLOG@IP::JUR)

OHIM: Fees Regulation and Implementing Regulation (Class 46)

Proceedings of the 14th European Patent Judges’ Symposium now available (BLOG@IP::JUR)

Lithuanian smoked sausage goes for TSG protection for SKILANDIS (Class 46)


Helsinki Court of Appeal: Insufficient evidence to prove establishment of STRONG LINE: Isojoen Konehalli Oy (Class 46)


The Knut polar bear saga continues (Class 46)


Greek Trademarks Administrative Committee: The principality finally prevails, MONTE CARLO not registrable for key chains and tale watches (Class 46)


Spicy IP guest blogger Sai Deepak extensively cited by Madras High Court in latest Bajaj vs TVS round (Spicy IP)

Ramkumar loses case before Indian Customs Authorities in case involving patent rights over dual SIM enabled cell phones (Spicy IP)

GI applications from Kutch and Nilgiris (Spicy IP)


ARCOS for cutlery and ARCOSTEEL for steel kitchenware not confusing – are they? (The IP Factor)

Israel Patent Office practice regarding legal expenses in oppositions (The IP Factor)

New Zealand

New Zealand launches second ACTA consultation (Michael Geist)

United Kingdom

EWHC request for summary judgment denied – OHIM-IPO class heading conflict case: Daimler v Sany (IPKat)

United States
US General

Trade secret litigation on the rise against laid off employees (Silicon Valley IP Licensing Law Blog)

Seeking and justifying attorney fee awards may be no different than general proposition of pleading for more than you think you will be awarded: Anthropologie, Inc v Forever 21, Inc (ISinIP)

Right to repair – Canadian Bill C-273 / US Bill H R 2057 (Excess Copyright)

US Patent Reform

Patent reform advocates challenge Andy Grove (IP Watchdog)

Patent reform update: Senate Judiciary Committee report; trade union push to bring bill to Senate floor soon; Chief Judge Michel speaks out at AIPLA Spring Meeting (Inventive Step)

Will the PTO continuation rules find support at the Supreme Court? Some are saying ‘absolutely’ (Peter Zura’s 271 Patent Blog) (Patent Docs)

US Patents

BPAI shuts down dissent in favour of efficiency (Patently-O) (IP Watchdog)

BPAI statistics: how many opinions do BPAI judges write? (Patently-O)

New federal bill seeks to ban tax planning strategy patents (IP Spotlight)

Is this the next Director of the USPTO talking? Todd Dickinson’s comments at Bio Conference (IAM)

The Charles Rivers Ventures connection – CRV stakes in RPX Corp, Thinkfire and Intellectual Ventures (IAM)

Obama Administration tackling patent backlog (IP Watchdog)

Patent examiners told to issue patents (IP Watchdog)

More funding needed for patent granting authority (IP Watchdog)

Short note on patentability of product-by-process claims – Newman J’s opinion in 1985 case In re Thorpe: Abbott v Sandoz (Peter Zura’s 271 Patent Blog)

Flushing away Bilski: take-a-number toilet reservation system is back (12:01 Tuesday)

Tough times in the US could be set to continue for a while yet – more than 20% of companies in North America decrease spending on innovation (IAM)

US Patents – Decisions

CAFC rules en banc terms in product-by-process claims are limitations in determining infringement: Abbott Laboratories v Sandoz (Peter Zura’s 271 Patent Blog) (Patent Docs) (Inventive Step) (Patently-O)

CAFC affirms ITC’s claim construction and findings of no infringement: Erbe v ITC, Canady Technology (ITC 337 Law Blog) (I/P Updates) (Patently-O)

CAFC: Patent licenses include inherent rights allowing third-party manufacture: Corebrace, LLC v Star Seismic LLC (Patently-O)

CAFC: Foreign patent owners safe from declaratory judgment: Autogenomics v Oxford Gene Technology (IP Watchdog)

CAFC: Inequitable conduct holding vacated: Dickson Industries, Inc v Patent Enforcement Team, LLC (not precedential) (Patently-O)

District Court E D Texas: Clark J finds patent invalid on remand in Finisar v DirecTV (

ITC reverses initial determination finding violation of s 337 by Spansion, Qualcomm, ATI, Motorola, STMMicroelectronics and Freescale (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Nanosys – Nanosys files patent infringement suit against Nanoco over quantum dot technology (Green Patent Blog)

Red Bull – Red Bull files new 337 complaint over energy drink importation and sale against Chicago Import, Lamont Distributors, India Imports, Washington Food and Supply, Vending Plus and Baltimore Beverage Co (ITC 337 Law Blog)

Toshiba – Toshiba sues Moser Baer for patent infringement over DVD-R (Spicy IP)

US Copyright

Washington Post reports on Copyright Office’s large backlog of applications (Just an Examiner) (The Trademark Blog)

Copyright Alliance attempts to educate youth about benefits of copyright (TorrentFreak)

ProPublica (public interest journalism group) wants you to steal their stories (Creative Commons)

US Copyright – Decisions

Woody Allen awarded $5m payout for unauthorised use of his image in American Apparel’s billboard advertising campaign (At Last… the 1709 Copyright Blog) (Managing Intellectual Property) (The IP Factor)

US Copyright – Lawsuits and strategic steps

Costco Wholesale Corp – Costco files petition for writ of certiorari with Supreme Court seeking to revisit Lanza ruling concerning proper interpretation of first sale rule: Costco v Omega (The Gray Blog)

Reger, Rob – Rob Reger’s ‘Emily the Strange’ v Rosamond from ‘Nate the Great’ children’s books (You thought we wouldn’t notice…)

US Trademarks New web service for sale of registered trade marks (IP finance)

Think outside the trademark box – staying on top of recent developments in other areas of IP law can help trade mark owners be more strategic in trying cases (Managing Intellectual Property)

US Trade Marks – Decisions

Court of Appeal for District of Columbia affirms laches ruling dismissing REDSKINS cancellation: Pro-Football v Harjo (TTABlog) (The IP Factor) (ISinIP) (TTABlog) (TTABlog)

9th Circuit finds wilful infringement of Wham-O’s registered trade mark – the colour yellow (ISinIP)

District Court N D Illinois: Fair use and similarity of marks not issues for motion to dismiss: Americash Loans, LLC v AO Ventures, LLC (Chicago Intellectual Property Law Blog)

District Court Maryland: Judgment against American Mensa in trademark dispute: American Mensa v Inpharmatica (Maryland Intellectual Property Law Blog)

TTAB precedential no 21: TTAB sustains PALOMA 2(d) opposition to PALOMITA for clothing, but dismisses claim for fraudulent misuse of ® SYMBOL: Brown Shoe Company, Inc v Molly D Robbins (TTABlog)

TTAB precedential no 20: TTAB enters judgment due to defendant’s blatant failure to comply with Board Order: MySpace, Inc v Donnell Mitchell (TTABlog)

TTAB precedential no 19: Family-of-marks argument not available to overcome 2(d) refusal; sophisticated purchaser claim fails too: In re Cynosure, Inc (TTABlog)

TTAB affirms PTO’s latest section 2(a) scandalous refusal: In re Shearer (not precedential) (TTABlog)



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