General Global Week in Review 28 March 2011 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: TiMi KINDERJOGHURT figurative sign valid: Case C‑552/09 P, Ferrero SpA v OHIM, Tirol Milch reg.Gen.mbH, Innsbruck (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

World IP Day – Designing the Future (Class 99)

Global – Trade Marks / Brands

The Coca-Cola brand suffers a sharp fall in value as Google hits number one (IAM)

‘The Arrow Principle’ and fictional trademarks (IP Osgoode)

Global – Patents

Circular logic in patent analysis (IP Think Tank)

Global – Copyright

CopySouth releases the ‘Rio Papers’ (IP Osgoode)

The truth about pirates and profits: A market failure, not legal one (Michael Geist)


Minister announces greater cooperation between Canadian, UK and Australian IP offices (Patentology)

Draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (ipwars)

Divisional ‘case management’ still occupying patent office time (Patentology)

Patent reform exposed part IV – enablement (Patentology)


Canada’s submissions on WIPO Broadcasting Treaty (IP Osgoode)

Heritage Committee recommends excluding copyright from trade deals, limits on implementing ACTA (Michael Geist)

There is no two without three: Bill C-32 is dead (IP Osgoode)

Comparing proposed class action settlements – Estate of Chet Baker v. Sony (Excess Copyright)

‘Volume discounts’ in CDN statutory minimum damages cases: When available? A ‘license to steal’? – Estate of Chet Baker v Sony (Excess Copyright)

When a ‘Substantial Payment’ is not enough: Gutter Filter Company L.L.C. v. Gutter Filter Canada Inc (IPblog)

Valence victorious in Canadian advanced battery patent suit (Green Patent Blog)

CIPO announces new clean tech patent rules now in force (IPblog)


Do you want to do China trademarks right or on the cheap (China Law Blog)

New rules on criminal IP infringement released (IP Dragon)

China’s global patent docket (IP Dragon)

Guidelines on several issues regarding the applicable law for hearing disputes arising from franchising contracts (IP Dragon)

Very cool analysis tool for Chinese IP decisions – CIELA (Innovationpartners) (IP Dragon)


Federal Supreme Court: Image support for navigating a catheter does not fall under the scope of Art. 53c EPC 2000 (EPLAW)


ECJ: TiMi KINDERJOGHURT figurative sign valid: Case C‑552/09 P, Ferrero SpA v OHIM, Tirol Milch reg.Gen.mbH, Innsbruck (Class 46) (IPKat)

Mark your calendar right! – General Court deals with time limits calculation at OHIM in T-455/09 (Class 46)

The sleep of reason? Baby you CA drive my KA General Court judgment in Ford Motor Company v OHIM, Alkar Automotive, SA. (IPKat)

Bavaria, Cumberland benefit from latest GIs (Class 46)


Given Imaging obtains injunction against Intromedic in patent infringement suit before Dusseldorf regional court (IP Factor)


‘Open’ carries a story on the ‘behind-the-scenes’ of the Copyright Amendment Bill, 2010 (Spicy IP)


USPTO offers relief to Japanese applicants (Patent Docs)

South Africa

Geographical terms – Swartland SCA judgement (Afro-IP)

The Oilwell valves tightened – SCA adjudicates on exchange control and IP (Afro-IP)

United Kingdom

PCC Page 21: Offering to settle can be a strong tactic (PatLit)

Tick-tock on the clock but the ‘allegations of copyright infringement’ won’t stop for London 2012 Olympic Games (IP Whiteboard)

Tug of love over Davros: the battle-lines are drawn – BBC sued for copyright infringement regarding Dalek mastermind Davros (1709 Blog)

United States

US Patent Reform

Why ‘first to file’ is wrong (IPBiz)

Patent Reform at the U.S. Patent and Trademark Office (Patent Docs)

Post-grant review provisions of S. 23 (Patent Docs)

Additional opportunities for pre- and post-grant review, and brand new patent trial and appeal board in S. 23 (Patent Docs)

Few ‘reform’ provisions remain in S. 23 relating to the judiciary (Patent Docs)

Disappearance of deceptive intent in S. 23 (Patent Docs)

US Patents

Judge Rader talk on patent law – recap (Technology & Marketing Law Blog)

Ignoring patents ignores the purpose of the patent system (IPBiz)

Clearing the oldest patent applications (COPA) (just_n_examiner) (Patently-O)

What happens after a case is stayed pending patent reexamination? (Patents Post Grant Blog)

Recent developments and potential changes in the litigation of false marking claims under 35 U.S.C. § 292 (Patent Law Practice Center)

The Courts and Congress take aim at patent false marking lawsuits (Maryland Intellectual Property Law Blog)

US Patents – Decisions

CAFC: Resolving different courts’ constructions: American Piledriving Equipment Inc., v. Geoquip (Patently-O) (Patents Post Grant Blog)

CAFC: Using foreign infringement judgment to prove infringement in the US: Quad/Tech v. Q.I. Press Controls (Patently-O)

BPAI: Orita doctrine blocks patent reissue: Ex parte Gotto et al (Patents Post Grant Blog)

District Court W D Wisonsin: Qui Tam provisions of false marking statute do not violate appointments clause or take care clause of U.S. constitution: Hy Cite Corporation v. Regal Ware, Inc., et. al. (Docket Report)

District Court E D Texas: Motions to dismiss based on failure to identify specific infringing products or to assert specific claims Risk Rule 11 Sanctions: Atwater Partners of Texas LLC v. AT&T, Inc., et. al. (Docket Report)

US Patents – Lawsuits and strategic steps

Abercrombie & Fitch – Plaintiff’s cost-of-defense strategy warrants early claim construction and departure from typical schedule: Parallel Networks, LLC v. Abercrombie & Fitch Co (Docket Report)

Boston Beer Corporation – ITC institutes investigation (337-TA-767) regarding Certain Glassware (ITC Law Blog)

Epson – ITC institutes consolidated advisory opinion and modification proceeding in Certain Ink Cartridges (337-TA-565) (ITC Law Blog)

Star Scientific – Star Scientific, RJ Reynolds and the case for quitting while you are ahead (IAM)

US Trade Marks – Decisions

TTAB precedential no. 8: Applying claim preclusion, TTAB dismisses two of three DVD & Design cancellation petitions: Zoba International Corp. v. DVD Format/LOGO Licensing Corporation (TTABlog)

Why the paperwork is important – District Court E D Michigan judgment in CLT Logistics v River West Brands (Property, intangible)

TTAB sustains 2(d) opposition to LIFE FOR THE LIVING over LIFE INSURANCE FOR LIVING, rejects genericness and abandonment counterclaims: Lincoln National Life Insurance Company v. LifeVentures Corp. (TTABlog)

Test your TTAB judge-ability: Must OUTFITTERS be disclaimed for retail cosmetics and jewellery services? (TTABlog)

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