General Global Week in Review 26 July 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:

UK: Goodbye SABIP (Laurence Kaye on Digital Media Law) (IPKat) (IAM)

US: Court of Appeals reverses lower court’s constructive trust on BRATZ trademarks (Las Vegas Trademark Attorney) (Excess Copyright) (The Trademark Blog) (Property, intangible)

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

You can completely ignore Intellectual Property (IP Think Tank)

Ten questions about confirmatory assignments (IPKat)

Top 20 most popular Intellectual Property Law Blogs from Justia (Copyright Litigation Blog)

Improve business transaction success by recognising intangible assets are in play! (Business IP and Intangible Asset Blog)

Mergers and acquisitions: Covenants to monitor intangible assets (Business IP and Intangible Asset Blog)

WIPO expert committee deliberates on road map to protect traditional cultural expressions (Knowledge Ecology International) (Knowledge Ecology International) (Knowledge Ecology International)

WIPO Director General holds high level talks in Bangladesh, addresses Least Developed Countries (LCD’s) Forum (WIPO)

Global – Trade Marks / Brands

Frand or foe? ‘Frands’ – brands which are friends (IPKat)

Valuation: an art, a science or an outcome? (IP finance)

This is the brand your brand could smell like (IP Whiteboard)

Global – Patents

Who is ahead in wind patent market? (Innovationpartners)

Global – Copyright

The ACTA Scorecard: Major remaining areas of disagreement (Michael Geist)

The konomark: will it sink or swim? (1709 Blog)

Rightslink gets an upgrade (1709 Blog)


Fitzroy Football Club v Brisbane Lions –logo dispute settles (IP Whiteboard)

FCA: Entitlement to a design: Courier Pete Pty Ltd v Metroll Queensland Pty Ltd ( (Class 99) (Patentology)


The Brazilian Council of Cultural Entities gives its opinion – copyright reform (IP tango)

Good news from Brazil – new online tools for tracking INPI processes; GIs (IP tango)


Plaintiff demands $27 million in copyright case, Court awards $500: Nicholas v Environmental Systems (International) Ltd (Michael Geist)

Cape Verde

Cape Verde gets new office (Afro-IP)


Why United States lawsuits against Chinese companies are trending up. Just follow the money. (China Law Blog)

Confusion over ‘China Top Brand’ program (China Hearsay)

Enforcing China’s Court decisions: Help is on the way (China Hearsay)


Register your trade mark, do not lose your business! (IP tango)


Could the EU walk away from ACTA? (Michael Geist)

Why Parma Ham may stand in the way of ACTA and CETA (Michael Geist)

KEI on ACTA’s ‘other remedies’ (Michael Geist)

Film-makers’ rights – another ECJ reference: Luksan v Petrus van der Let (1709 Blog)

Public lending, flat rate: now a reference to the ECJ: Cvba Vereniging van Educatieve en Wetenschappelijke Auteurs v Belgische Staat (1709 Blog)

The IP lesson that the Obama administration can teach Europe (IAM)

Azzurri take aim at ‘creaking’ patent system (IPKat)

Prior art from the Ark – are old Community Designs legally new? (Class 99)

More Octopus Paul trade marks (Class 46) (Class 46)

Never mind the golden rabbits, what about the Golden Balls? – trade mark battle over GOLDEN BALLs between Intra-Presse and Golden Balls Limited (IPKat)

Intellectual property standards: how do YOU behave? (IPKat)


Bundesgerichtshof again decides whether 3D Lindt Gold Bunny mark can prevent the distribution of similar chocolate bunnies by a competitor (Class 46) (IPKat) (IPKat)

S T R E T C H E D credibility – Federal Court of Justice decision of 22 April 2010, I ZR 89/08 (Stretched limousines) (Class 99)


Submissions to the Parliamentary Standing Committee on the Copyright Amendment Bill, 2010 (Spicy IP)

RTI applications seeking information regarding the Chairperson of the Copyright Board (Spicy IP)

‘Inception’ and ideas: Lessons for the copyright hungry (Spicy IP)

Senior Bureaucrat airs ‘personal views’ on TRIP plus protection (Spicy IP)


Competing marks for ‘play’ condoms – a strange decision: LRC Products Ltd. (Durex) v. Ansell Limited (Life Style) (IP Factor)


Three more GIs for Italy (Class 46)


IMPI bond and counter-bond practice gets fine-tuning (IP tango)


Dutch Government Ministers renew call for ACTA transparency (Michael Geist)


Secondary meaning and distinctiveness (Class 46)


Sprider catches infringer in a temporary web (Class 46)


Customs union poses fresh threats along with opportunities (Class 46)

South Africa

Bafana Bafana – new trade mark (IPKat)


First Board of Appeal: Detailed affidavit by employee of applicant may be sufficient to prove genuine use (Class 46)


So that’s how Syria will avoid granting trademarks to Israeli Entities! (IP Factor)

United Kingdom

Goodbye SABIP (Laurence Kaye on Digital Media Law) (IPKat) (IAM)

When it comes to IP and innovation in the UK (and elsewhere), deeds count, not words (IAM)

The British Library asks researchers and educators – is copyright a help or a hindrance? (Creative Commons) (1709 Blog)

United States

US General

New IP enforcement plan from the US (Innovationpartners)

Victory for US GI’s over Europe (Likelihood of Confusion)

US Patents

Filing of new false patent marking cases again picking up steam (Gray on Claims)

USPTO to work with Google to make patent data available to the public (Patent Docs)

The business method patent art units (Patently-O)

USPTO must amend examiner guidelines on Bilski (Patently-O)

USPTO seeks comments regarding 2010-2015 strategic plan (Patent Docs) (Director’s Forum)

IAM Exclusive: David Kappos writes on the Patent Prosecution Highway (IAM)

Statistics II: How many examiners does the USPTO need? (Patentology)

USPTO to streamline review of ex parte reexamination appeal briefs (Patent Docs) (Anticipate This!)

699,000 – Progress in reducing USPTO case backlog (Live Journal)

What’s so bad about ‘business method’ patents? Small PR firms ‘goosed’ by a patent on press releases (The Prior Art)

USPTO issues memo to examiners on Bilski decision (Patent Docs)

Bilski, baby! Justice Stevens on American patent law, the majority’s musing and UK patent law (IPKat) (IPKat)

Bringing the US patent regime closer to China’s? Bilski v Kappos (China Law Insight)

Patents in the Supreme Court: Bilski v. Kappos podcast (Patent Baristas) (Inventive Step) (The Invent Blog)

The Phoenix that is S. 515 (Patent Docs)

US Patents – Decisions

CAFC in Wyers v. Master Lock: Obviousness boils down to common sense (IPBiz) (Patently-O)

District Court N D Illinois: Instrinsic evidence overcomes patent doctrine of claim differentiation: Kathrein-Werke KG v. Radiacion y Microondas S.A. (Chicago IP Litigation Blog)

District Court N D Illinois: False patent marking cases are like an ‘infestation of dandelions’: Zojo Solutions, Inc. v. The Stanley Works (Chicago IP Litigation Blog)

District Court Arizona: Twombly and Iqbal have no application to pleading affirmative defensives: Ameristar Fence Products, Inc. et al. v. Phoenix Fence Company (Docket Report)

District Court E D Pennsylvania: False marking intent to deceive cannot be inferred from knowledge of the limited duration of patents and expiration of marked patents: Hollander v. Etymotic Research, Inc (Docket Report)

District Court N D California: Location of manufacture and decision to mark weight heavily on venue analysis for false marking claims; action dismissed where another qui tam realtor had filed an earlier suit against defendant: San Francisco Technology, Inc. v. The Glad Products Company et al. (Docket Report) (Docket Report)

District Court S D Florida: Post-judgment rejection of asserted claims during reexam warrants termination of permanent injunction: Flexiteek Americas, Inc. et al. v. Plasteak, Inc. et al. (Docket Report)

District Court W D North Carolina: System component used to practice claimed method is not an ‘unpatented article’ for purposes of false marking: Harrington v. CIBA Vision Corp. (Docket Report)

US Patents – Lawsuits and strategic steps

Paice LLC: Low patent count portfolio strategy succeeds against Toyota: Toyota and Paice settle – ITC terminates investigation (IP finance) (Tangible IP) (ITC Law Blog) (ITC 337 Update) (ITC 337 Update)

Princo – CAFC has now heard en banc arguments in Princo v ITC concerning patent pools and standards (ITC Law Blog)

US Copyright – Decisions

Don Johnson scores a win against production company (Innovationpartners)

NYU Bobcat may not be ‘work for hire’ rules EDNY Judge (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Aunt Joy’s Cakes – Mix-in’s as grey goods: Identifying third-party ingredients by brand names: Columbia Insurance Company v. Aunt Joy’s Cakes, Inc (The Trademark Blog)

Foster, Frank – Reclaiming the rights that are left: Jazz musician reclaims copyright in ‘Shiny Stockings’ (1709 Blog)

Pokémon Company Pikachu: I sue you! – Pokémon Company files copyright suit against Beckett in relation to images of Pokemon cards (Patent Arcade)

US Trademarks

‘High hopes for pot trademark protection dashed’ article regarding the new trade mark category for medicinal marijuana (IPKat) (IPBiz)

US Trade Marks – Decisions

Court of Appeals reverses lower court’s constructive trust on BRATZ trademarks (Las Vegas Trademark Attorney) (Excess Copyright) (The Trademark Blog) (Property, intangible)

Ninth Circuit affirms dismissal of Beach Boy’s trademark claims (Seattle Trademark Lawyer)

TTAB sustains 2(d) TELMEX opposition, finding applicant acted in really bad faith (TTABlog)

Sidestepping American Fertility, TTAB finds PAO DOCE WRAPS generic for bakery products (TTABlog)

Test your TTAB Judge-ability: Is MARGARITA COMPANY merely descriptive of bar and restaurant services? (TTABlog)

WYHA? TTAB affirms 2(e)(1) refusal of TEQUINI as merely descriptive of tequila martini (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Naked Cowboy –Naked Cowboy sues Naked Cowgirl (IPKat) (IP Factor) 

Osbourne, Ozzy – Ozzy Osbourne and Tony Iommi settle dispute over BLACK SABBATH trademark (Las Vegas Trademark Attorney)

2 Comments on “General Global Week in Review 26 July 2010 from IP Think Tank

  1. Re: the marijuana storyMaybe this would be a good opportunity for states to offer their own common-law TM protection to marijuana strains.

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