General Global Week in Review 28 December 2009 from IP Think Tank

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Highlights this week included:

Lord Lucas proposes new UK Copyright, Designs and Patents Act 1988 section to provide remedy for groundless copyright threats (1709 Copyright Blog) (Techdirt)

US CAFC scraps point of novelty for design patents: International Seaway Trading Corp. v Walgreens (Washington State Patent Law Blog) (Inventive Step)

Global – General

Fraud, intent to use, brand scarcity and iinet – IP Think Tank podcast 3 Dec 09 (IP Think Tank)

The irony of ACTA, not a treaty and not about counterfeiting – IP Think Tank podcast 4 Dec 09 (IP Think Tank)

Free is good but is it best? (IP Think Tank)

Is the Anti-Counterfeiting trade agreement secret? (Innovationpartners)

Just who are the world’s leading IP strategists? We want to know… (IAM)

PCT billing scams (IPKat) (WIPO) (The IP Factor)


Global – Trade Marks / Brands

Putting your eggs in one basket – personal branding (IP Osgoode)

Panel explores use of geographical indications for development (IP Watch)

Global – Copyright

Big step forward on treaty for the visually impaired at WIPO (IP Watch)


Argentina toughens music performers and producers protection (IP Watch)


High Court refuses special leave in innovation patent case: Dura Post (Aust) Pty Ltd v Delnorth Pty Ltd

IP Australia more 2nd round consultations (ipwars)


Copyright law reform in Brazil: Anteprojeto or Anti-project? (IP Watch)


EU demands for trade deal would reshape Canadian IP law (Michael Geist)

Federal Court considers colour marks: Peak Innovations Inc v Simpson Strong Tie Company (Canadian Trademark Blog)


China’s standards and patent innovation proposals: problems for IPR and global trade? (IP Watch) (IP Watch)

Li Lsi: ‘Hopefully, ‘Pleasant Goat’ may help solve common problems in derivative products in the animation industry’ (China IP)

Chinese vice premier stresses innovation for centrally-administered state-owned enterprises (China IP)


ACTA may prompt quick restart to EU harmonisation of criminal enforcement of IP (IP Watch)

SAAB car naming and branding up in the air (Product Naming Blog)

Dilution, free-riding, damage and the ‘investment climate’ (IPKat)


Vive la different way of co-creating: Court issues split decision in breach of contract and design infringement case brought against Chanel by seamstress firm (ISinIP

Ehrmann’s Abode of Chaos: Claim benefit of copyright protection? (1709 Copyright Blog) (IPKat)


German Federal Patent Court finds ‘Weihnachts-Zauber’ (Christmas magic) lacks distinctiveness for chocolate confectionary (Class 46)

WANGZHIHE: To win trademark squatting case through anti-fair competition law (IP China)


India frees up foreign payment of royalties (IP finance)


District Court of The Hague: Patent Attorney failed to exercise due care; barred from making further changes to names in which patents are registered in dispute arising from failed business cooperation: eTraction Europe B.V. v N.V. Nederland Octrooibureau (EPLAW)

Court of Appeal The Hague refuses to guarantee full costs in patent proceedings filed prior to expiry of Enforcement Directive implementation deadline: Van Beelen Industrie en Handel B.V. v Otter Ultra Low Drag Limited (EPLAW)


Guinness: Broiled and embroiled – Musical Copyright Society Nigeria alleges infringement of musical works; Guinness argues MCSN not licensed to operate as collecting society at the time (Afro-IP)

South Africa

Location can eat away at the rights of an existing trade mark: Supreme Court of Appeal decision in Century City Apartments Property Services CC and the Registrar of Companies and Close Corporations v Century City Property Owners Association (IP Osgoode)

United Kingdom

Lord Lucas proposes new UK Copyright, Designs and Patents Act 1988 section to provide remedy for groundless copyright threats (1709 Copyright Blog) (Techdirt)

EWHC (Pat) consider terms ‘preset’ and ‘predetermined’ and interpret ‘made available to the public’ under Art 54 EPC: Folding Attic Stairs Limited v The Loft Stairs Company Limited (JIPLP)

‘Now is the time for all good representatives to come to the aid of the party…’: Tribunal Practice Notice 6/2009 Requirement to attend hearings in relations to applications for invalidation where there are grounds of invalidation under sections 5(1), 5(2), 5(3) and/or 5(4) of the Trade Marks Act 1994 (IPKat)

Why automotive engineers don’t end up as patent infringers – Ian Hartwell reports findings of survey of UK and German engineering companies (IPKat)

Web Sheriff takes on Jamie Oliver for dressing like member of The Village People without permission (TorrentFreak)

United States
US General

ACTA – Dan Glickman’s moral panic (Moral Panics and the Copyright Wars)

US Patents

Supervisory Patent Examiner performance appraisal plan-award taskforce (Director’s Forum)

USPTO proposes new procedure for treating rejected claims that are not appealed (Patent Docs)

US Patents – Decisions

CAFC scraps point of novelty for design patents: International Seaway Trading Corp. v Walgreens (Washington State Patent Law Blog) (Inventive Step)

District Court W D Washington: Toyota slows hybrid vehicle patent attack as Court rules ‘speed demands’ limitation indefinite: Conrad O Gardner v Toyota Motor Corporation (Green Patent Blog)

District Court E D Missouri sanctions defendant for fabricating prior art: Furminator, Inc v Kim Laube & Co (Docket Report Blog)

BPAI: Patentable subject matter of a machine that uses a mathematical algorithm: Ex Parte Gutta (precedential) (Patently-O) (12:01 Tuesday)

US Patents – Lawsuits and strategic steps

Humanscale Corporation – ITC decides to review initial determination granting motion for summary determination on economic prong of the domestic industry requirement in certain adjustable keyboard support systems (337-TA-670) (ITC blog)

Pioneer Corporation – ITC institutes investigation against Garmin and Honeywell regarding import and sale of certain multimedia display and navigation devices and systems (ITC 337 Law Blog)

Samsung – ITC issues initial determination of s 337 violation based on infringement of two patents in investigation of Samsung concerning certain mobile telephones featuring digital cameras (ITC Law Blog)

US Copyright

US weighs copyright as barrier to grey market imports (IP Watch)

US Copyright – Decisions

District Court S D New York: Answer guides as protected derivative works of textbooks: Pearson Education, Inc & Cengage Learning Inc v Henry Nugroho (The Trademark Blog)

US Copyright – Lawsuits and strategic steps

Canadian Broadcasting Corporation – CBC sued for unauthorised taping of fashion show (Michael Geist) (Trademark Blog)

US Trademarks

Improving the trademark registration process through the use of private actors (IP Osgoode)

US Trade Marks – Decisions

District Court N D Illinois: No protection for wholly trade functional trade dress: Minemyer v. B-Roc Reps., Inc (Chicago Intellectual Property Law Blog)

TTAB dismisses 2(d) opposition, finding BELL HILL for wine and BELL’S for beer too dissimilar: Bell’s Brewery, Inc. v. Bell Hill Vineyards, LLC (not precedential) (TTABlog)

TTAB affirms mere descriptiveness refusal of STENTALLOY for alloys used to make medical devices: In re Metalwerks PMD, Inc (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Boston Red Sox – Red Sox and White Sox oppose e.SOX for cellphone sleeves: Boston Red Sox Baseball Club Limited Partnership and Chicago White Sox, Ltd. v. Digital Access, Inc. (TTABlog)

Monarch Casino & Resort – Trademark battle over the fame of ATLANTIS for casino services headed to trial in Nevada District Court: Kerzner International Inc v Monarch Casino & Resort Inc (Las Vegas Trademark Attorney)

Soccer United Marketing – SUM and Major League Soccer sue of Black & Decker over ‘ambush marketing’ (Trademark Blog)


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