General Global Week in Review 27 December 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:

ECJ rules in favour of Dutch in ‘Bavaria’ dispute: Case C-120/08 (Class 46) (IPKat)

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

IP is not the most important department in your company (IP Think Tank)

US industrial policies, R&D, and the WTO’s definition of non-actionable subsidies (IP Watch)

IAM IP personalities of 2010 (IAM)

London Act fading fast (Class 99)

Knowing your company’s intangibles and non-financials will improve its health! (Business IP and Intangible Assets Report and Blog)

Required reading for all CIPOs and anyone else interested in the job (IAM)

Intellectual property & jail time (

Global – Patents

New PCT fees effective 1 January 2011 (Inovia’s Foreign Filing Blog)

M&A patent due diligence: Ownership and control of patent assets (IP Vision)

Global – Copyright

UK, Ireland conduct studies on fair use copyright reform (Michael Geist)

Konomark: An open licensing alternative? (Plagiarism Today)


What ‘means’ means: FCA decision in Aspirating IP Limited v Vision Systems Limited (Patentology)


AUCC’s final fair dealing policy with explanatory memo (Excess Copyright)

Access constriction at York University following AUCC fair dealing policy (Excess Copyright)

Contrasting approach to ‘fair’ – US study v AUCC ‘fair dealing policy’ (Excess Copyright)

More filings at Copyright Board re Access Copyright proposed interim tariff (Excess Copyright) (Excess Copyright)

C-32 Committee Hearings on hold until at least late January (Michael Geist)

Reactions to Liberal C-32 amendments (Michael Geist)

Liberals stake out positions on Bill C-32 (Michael Geist)

CIPO advises Olympic and Paralympic Marks Act Sch 2 and 3 expire 31 December 2010 (Canadian Trademark Blog)


National Patent Development Strategy (2011-2020) issued (China Blawg)

Benchmarking China’s IPR protection and enforcement (IP Dragon)

National campaign to “crack down” on intellectual property rights violations: Economic development through improved IPR enforcement (China Law Insight)

 Paradox of strong brands in China: Cause and cure of counterfeiting (IP Dragon)


ECJ rules in favour of Dutch in ‘Bavaria’ dispute: Case C-120/08 (Class 46) (IPKat)

EPCOS v EPCO sistemas – General Court upholds likelihood of confusion decision: T-132/09 (Class 46)

Fore! Seve Trophy loses appeal – General Court judgment T-192/09 (Class 46)

But is it art? European Commission decision on VAT (1709 Copyright Blog)


Federal Patent Court: ‘transparent green’ may be registered for ‘miniaturised flush-mounted switches for traffic engineering and capital goods industry’ (Class 46)

Hong Kong

Who needs Le Louvre if you can touch fake sculptures in Hong Kong? (IP Dragon)


Delhi High Court refuses to stay Financial Times’ infringement suit merely because Bennett Coleman had filed rectification petition at IPAB challenging validity of FT’s trademark (Spicy IP)


‘Teach for Israel’ trademark refused as being descriptive (IP Factor)


Macedonia gets tough with infringers, collecting societies – and theatrical producers (1709 Copyright Blog)


European Central Bank cashes in at Dutch Court of Appeal – Document Security Systems’ patent revoked (Kluwer Patent Blog)


Company names and trade marks (Class 46)


Amendments to Spanish Criminal Code (Class 46)

United Kingdom

UK review seeks evidence on IP and growth (IP Watch)

PCC page 10: Do I need to get my skates on? Defending a claim (PatLit)

Artist’s royalty right: not as much impact as was hoped/feared (1709 Copyright Blog)

United States

US General

Judge O’Malley to be confirmed to Federal Circuit (Inventive Step)

Lamar Smith to create IP subcommittee (IPBiz)

Overreaching, Part XXVI – Major League Baseball asserts ‘right’ to exploitation of baseball stats (Likelihood of Confusion)

US Patent Reform

House Judiciary shuffles organization in anticipation of patent reform effort? (Patents Post-Grant)

Obama urged to sign ‘anti-troll’ patent bill (IP Watch)

US Patents

USPTO pilot program allows applicants to defer patent search and examination fees (IP Spotlight)

USPTO – Expanding our communications and public engagement (Director’s Forum)

Universities gain from licensing activity (Inside Higher Ed)

Article One rewards $140,000 in three weeks! (Article One Partners)

Patenting green technology: What you need to know (IPEG)

US Patents – Decisions

CAFC decision in case concerning laser inscribing of diamonds a mixed bag: Lazare Kaplan v PhotoScribe (IPBiz)

CAFC sides with USPTO in patent re-examination declaration dispute: In re Meyer Manufacturing (Patents Post-Grant)

District Court N D Illinois: Scrivener’s error in patent marking does not preclude finding of intent to deceive: Lundeen et al v John T Minemyer (Docket Report)

District Court N D Illinois: Unclaimed colours cannot be captured by doctrine of equivalents: Only the First, Ltd v Seiko Epson Corp (Chicago Intellectual Property Law Blog)

District Court S D California: Marking warranty cards within product packaging does not support false marking claim: Oakley v Bugaboo Eyewear (Docket Report)

District Court N D Georgia: False marking fine for Christmas tree stands exceeds selling price for units: Polytree (Hong Kong) Co., Ltd., et. al. v. Forests Manufacturing, Ltd (Docket Report)

US Patents – Lawsuits and strategic steps

Knowles Electronics – Public version of initial determination of no violation in Certain Silicon Microphone Packages and Products Containing the Same (ITC 337 Update)

Leapfrog – Plaintiff’s incorporation in EDTX four months before filing suit does not compel transfer of venue: NovelPoint Learning v Leapfrog (Docket Report)

Lexmark – ALJ Charneski grants motion to terminate investigation as to Print-Rite in Certain Toner Cartridges based on settlement between parties (ITC 337 Law Blog)

Leviton Manufacturing – Partial termination based on consent order granted in Certain Ground Fault Circuit Interrupters (ITC 337 Update)

Murata – ALJ Gildea issues initial determination of no s 337 violation in Certain Ceramic Capacitators (ITC 337 Law Blog) (ITC 337 Update)

Remy International – Remy files complaint with ITC covering certain starter motors and alternators (ITC 337 Update)

Schweitzer-Mauduit – Schweitzer-Mauduit files new 337 complaint regarding Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (ITC 337 Law Blog)

US Copyright

Copyright 2.0 show – Episode 179 – Costco decision, WoW bot etc (Plagiarism Today)

US Copyright – Decisions

Public Knowledge disappointed with Supreme Court copyright ruling: Costco v Omega (Public Knowledge)

US Trademarks

Auctions and the trademark troll: A Coda (IP finance)

‘First-class mail’ is a protectable (and registered) trademark? (Seattle Trademark Lawyer)

US Trade Marks – Decisions

Fraud? TTAB denies another summary judgment motion as defendant claims innocence, non-falsity: Factory Mutual Insurance Company and FM Approvals LLC v. Fullco Industries, Inc. (TTABlog)

Test your TTAB judge-ability: Are CORVOLTTE  and CORVETTE confusingly similar for automobiles?: General Motors LLC v. Jim M. Sweeney (TTABlog)

Baja humbug? Affirming 2(d) refusal, TTAB finds confusion likely between BAJA for camping trailers and automobiles: In re Jayco, Inc (TTABlog)

TTAB affirms refusal of MTS TESTSUITE – Applicant failed to comply with disclaimer requirement: In re MTS Systems Corporation (TTABlog)

Why does a subsidiary need a license agreement? – Bankruptcy: District Court M D North Carolina judgment in Bank of North Carolina v. RCR Marketing (Property intangible)

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