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General Global Week in Review 28 June 2010 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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Highlights this week included:

PCT member states endorse recommendations to enhance international patent system (Patent Docs) (Inovia IP) (IPKat) (WIPO)

US IP Enforcement Coordinator releases ‘2010 Joint Strategic Plan on Intellectual Property Enforcement’ (Electronic Frontier Foundation) (IP Watch) (Copyright Litigation Blog) (Copyrights & Campaigns) (Public Knowledge) (Copyrights & Campaigns)

10th Cir: Restoring copyright protection to public domain works does not violate First Amendment: Golan v. Holder (Copyrights & Campaigns)(1709 Blog) (Copyright Litigation Blog)

Global – General

Update on IPBC Conference, Munich 2010 (Article One Partners) (Tangible IP) (IAM) (ipeg) (Tangible IP) (Tangible IP)

Scope of Anti-Counterfeiting Agreement again a big issue in round nine (IP Watch)

5 minutes with Harold Feld: ACTA recommendations: Ditch the crazy stuff ( Public Knowledge)

ACTA communique generates wide support (Michael Geist)

World Cup is big business for pirates (Innovation Partners)

Risk management in 2010 – it’s about the interdependancy of intangibles! (Business IP and Intangible Asset Blog) (Business IP and Intangible Asset Blog)

Global – Trade Marks / Brands

Securitised trade marks: a quick question (IP finance)

Global – Patents

PCT member states endorse recommendations to enhance international patent system (Patent Docs) (Inovia IP) (IPKat) (WIPO)

Intellectual Ventures seals deal with French company to guarantee largest satellite order of the decade (IAM)

Global – Copyright

IP and the fight on business models (IP:JUR)

20th WIPO Standing Committee on Copyright and Related Rights, 21-24 June (IP Watch)(WIPO)

No decision on WIPO treaty for blind misses ‘golden opportunity’ – WIPO SCCR 2010 (IP Watch)

SCCR 2010: Draft conclusions (Knowledge Ecology International) (Knowledge Ecology International)

SCCR 2010: Comparison of the four proposals on disabilities at WIPO SCCR (Knowledge Ecology International)

SCCR 2010: Statement by Barbados supporting Brazil, Ecuador, Paraguay and Mexico proposal for a treaty for reading disabled persons (Knowledge Ecology International)

SCCR 2010: Statement by Ecuador on behalf of Brazil, Ecuador, Mexico and Paragua on a WIPO treaty for reading disabled persons (Knowledge Ecology International)

SCCR 2010: Asian Group’s opening statement at WIPO’s standing committee on copyright and related rights (Knowledge Ecology International)

SCCR 2010: South Africa’s opening statement to WIPO (Knowledge Ecology International)


Foo Fighters copyright infringement in Australia (Trademark Blog of the Trademark Lawyer’s Mind)

First Full Court decision on the Design Acts 2003: Keller v. LED Technologies Pty Ltd (Mallesons Stephen Jaques)

It’s all fun and games until someone goes to jail – Ugg Boots – trademark and copyright infringement case, contempt of court: Deckers v. Farley & Others (IP Whiteboard)

Something to chew on: the Food Channel trade mark cases: Food Channel Network Pty Ltd v. Television Food Network GP (IP Whiteboard)

‘Whiskas is purple…’ (IP Whiteboard)

IP Australia official fees likely to increase from 1 August 2010 (Patentology)


Infringement stats in Azerbaijan: bad news, or good? (1709 Blog)


PILA Network: IP management in Latin American higher education institutions (IP tango)

Little indemnification for IP infringement: Are the Judges undermining the strength of the Brazilian fashion industry? (IP tango)


Revisiting the utility requirement (IP Osgoode)

Balanced Copyright in Canada (IPKat)

Vogue after charity for ‘Fashions Night Out’ – infringement of Vogue’s trade mark (IPKat)


Ms Pagnattaro does not keep it a secret how to protect your trade secret in China (IP Dragon)

China intellectual property theft. The statistics are damn lies. (China Law Blog)

Stronger new tort laws will better protect IP rights in China (China Blawg)

The Supreme People’s Court’s interpretation on how law’s applied for patent infringement trials (China Blawg)

Copyright protection for your brand when trademark protection is unavailable (China Law Insight)

That’s hot: China distribution contracts – trademark protection (China Law Blog)

ITC holds two days of public hearings on intellectual property infringement in China (ITC Law Blog)


The Colombian Law called ‘Fanny Mikey’ is not funny business (IP tango)


Maritime and Commercial Court rules patent-in-suit must be read in light of prosecution file of application that led to patent-in-suit: Power Stow v. RASN and others (EPLAW)

Design copyright in Denmark: the minimalist approach (Class 99)


Will the EU Patent and The European and Community Patents Court (PC) get a final chance? (IP:JUR)

A single EU patent looks dead in the water as member states seek alternatives (IAM)

Neither democracy nor constitution: is it time to reign in EPO rule-making? (IPKat)

Time to tackle the money mountain: what’s your opinion? (IPKat)

ECJ: Designs and a matter of discretion: will Cassina go with the Flos? Paranova Danmark A/S, Paranova Pack A/S v Merck Sharp & Dohme Corp. (formerly Merck & Co. Inc.), Merck Sharp & Dohme B.V. and Merck Sharp & Dohme; Cassina SpA v Alivar Srl and Galliani Host Arredamenti Srl (IPKat)


Finnish trademark office changing its classification practice regarding ‘retail services’ in class 35 (Class 46)


Paris – Size matters: a correlation between luxury products price and logo size (Class 46)

Validity of 3D trade mark (Ω shape) discussed before French court (Class 46)


German Bundestag meets innovation (IP:JUR)

Bundesgerichtshof – comparison of (composite) marks: MIXI (Class 46)


Is it worth bothering if all you get is Hungary? – Adidas loses against Hungarian inventor in patent suit concerning technology used in soccer shoes (PatLit)


India bends over backwards to protect its traditional knowledge (IP Whiteboard)

Fair Dealings by television networks: SCIL v. Hamar Television (Spicy IP)

(Copy)Righting a Bollywood wrong (Spicy IP)

Controller General Kurian facilitates trademark transparency (Spicy IP) (Spicy IP)

Expanded trademark classification (Spicy IP)

Clarifying the myths surrounding GWU-CII IP summit: A response from Dean Lawrence (Spicy IP)

Hindustan Times & Mint bring forth ‘Innovative India’ (Spicy IP)


IQ for babies? – conflicting formula trademarks(IP Factor)

Naomi Ragen fights back – plagiarism claims (IP Factor)

Draconian prior art disclosure requirements slightly eased (IP Factor)

Finnegan patent litigation seminar in Israel sets new standards (IP Factor)


Is your Montenegrin mark an old Serbian one? If so … (Class 46)


Reputation’s rating (Class 46)

Polish patent attorneys’ professionalism (Class 46)

South Africa

Orange miniskirt debacle less filling (Patent Baristas) (Class 46)


Supreme Court rules on marks consisting of colours ‘per se’ (Class 46)


Tunisia lines up for copyright training (Afro-IP)

United Kingdom

EWHC: KCI negative pressure patent valid and infringed: KCI Licensing Inc and others v Smith & Nephew plc and others (PatLit) (EPLAW)

Influence and the copyright tribunal: Meltwater Holding BV v The Newspaper Licensing Agency Ltd (1709 Blog)

EWHC: Sandwich carton patent: who takes the (w)rap?: Nampak Cartons Ltd v Rapid Action Packaging Ltd (IPKat) (EPLAW)

United States
US General

New US IP enforcement plan may have international impact (IP Watch)

US IP Enforcement Coordinator releases ‘2010 Joint Strategic Plan on Intellectual Property Enforcement’ (Electronic Frontier Foundation) (Copyright Litigation Blog) (Copyrights & Campaigns) (Public Knowledge) (Copyrights & Campaigns)

US Patent Reform

Rader, Michel weigh in on the patent system and patent reform (271 Patent Blog)

US Patents

‘Patent quality is not where I want it to be’ says USPTO Director in exclusive IAM interview (IAM) (Patently-O)

Ground Zero: Monday’s the day for Bilski (271 Patent Blog) (Patentology) (Patently-O) (271 Patent Blog) (Inventive Step) (Patently-O)

Patent prosecution highway (Patently-O)

BPAI review of obviousness rejections (Patently-O)

USPTO signs memorandums of understanding with Rospatent and SIPO (Patent Docs)

How the Northeastern Indiana Amish serve as a business lesson about patents (IP Asset Maximizer Blog)

US Patents – Decisions

CAFC reverses on infringement – Business method patents: Insurance companies fighting over patented annuity plans: Lincoln National Life Insurance Co. v. Transamerica Life Insurance Co (Patently-O)

CAFC: Employee and officer liability for inducing infringement: Wordtech Systems, Inc. v. Integrated Networks Solutions, Inc. (Patently-O)

CAFC: Deficient claim for priority can’t be fixed in a subsequent continuation: Encyclopaedia Britannica v. Alpine Electronics of America (271 Patent Blog)

District Court E D Texas: NPE patentee denied permanent injunction: LaserDynamics, Inc. v. Quanta Storage America, Inc. et al.(Docket Report)

District Court E D Texas: Transfer of venue denied: Judicial efficiency trumps gains in convenience: Colorquick, LLC v. Fedex Office and Print Services, Inc. (Docket Report)

District Court M D Tennessee: False marking fine commensurate with ability to pay: Custom Designs of Nashville, Inc. et al v. Alsa Corporation (Docket Report)

US Patents – Lawsuits and strategic steps

Hewlett-Packard – ITC institutes investigation (337-TA-723) regarding certain inkjet ink cartridges with printheads (ITC Law Blog)

Samsung – ALJ Charneski grants motion to terminate investigation as to Appro in certain flash memory (337-TA-685) (ITC Law Blog)

Toyota – ALJ Essex rules on Toyota’s motion for interlocutory appeal in certain hybrid electric vehicles (337-TA-688) (ITC Law Blog)

US Copyright

Sen and the art of licence termination (1709 Blog)

Fair use Fridays: Statue of Liberty in public domain (Copyright Litigation Blog)

US Copyright – Decisions

10th Cir: Restoring copyright protection to public domain works does not violate First Amendment: Golan v. Holder (Copyrights & Campaigns)(1709 Blog) (Copyright Litigation Blog)

District Court S D Florida: Law and the speed of business: Vergara Hermosilla v. The Coca-Cola Company (Property, intangible)

District Court S D New York: Bernie Madoff videos and the Copyright Act’s pre-emption of state law claims: Stadt v. Fox News Network (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Coach – Coach sues city of Chicago over failure to stop counterfeit vendors (IPKat)

US Trademarks

CTM in US and Canada: Recommended reading: ‘Bona fide intent to use in the United States and Canada’ (TTABlog)

Revisions to Rule 26 will change how parties work with expert witnesses (Seattle Trademark Lawyer)

US Trade Marks – Decisions

TTAB precedential no. 23: Finding third-party registrations not probative, TTAB reverses 2(d) reversal: In re Princeton Tectonics, Inc (TTABlog)

TTAB precedential no. 24: TTAB says reference to documents (in Russian) does not satisfy FRCP 33(d): Johnson & Johnson and RoC International S.A.R.L. v. Obschestvo s ogranitchennoy;otvetstvennostiu ‘WDS’ (TTABlog)

Redmond’s Black Raven Brewing Company loses TTAB fight with winery: Franciscan Vineyards, Inc. v. BeauxKat Enterprises, LLC (Seattle Trademark Lawyer)

TTAB reverses 2(d) refusal as waste of everyone’s time: In re Grand Prix Import Inc (TTABlog)

Test your TTAB Judge-ability: Is LEMONADE merely descriptive of restaurant services? (TTABlog)

Is Blue the new Green? Bollore wins allowance of BLUECAR eco-mark (Green Patent Blog)

District Court New Jersey: Claims left barely standing: Commerce Bancorp LLC v. Hill (Property, intangible)

US Trade Marks – Lawsuits and strategic steps

Bobak – Defective trademark survey not excluded because it might be beneficial: Bobak Sausage Co. v. A & J Seven Bridges, Inc. d/b/a Bobak’s Signature Events (Chicago IP Litigation Blog)

Def Jam – Rick Ross trademark infringement suit against Def Jam and Jaz-Z (Trademark Blog of the Trademark Lawyer’s Mind)

Interstate Bakeries – BUTTERNET – Trademark license or trademark assignment? (Property, intangible)

North Face – South Butt settles with North Face (IP Factor)

Urban Outfitters – Trade mark suit for use of FREE PEOPLE: Urban Outfitters v. BCBG Max Azria (IPKat)

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