General Global Week in Review 29 June 09 from IP Think Tank

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

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Highlights this week included:

USPTO bailout bill introduced (Peter Zura’s 271 Patent Blog) (The Invent Blog) (IP Watchdog) (Inventive Step)

Unravelling the Canadian copyright policy laundering strategy (Michael Geist) (Excess Copyright) (Ars Technica)

Global – General

Reports from IP Business Congress 2009 (IP Think Tank) (Peter Zura’s 271 Patent Blog) (IAM) (NPEs – Peter Zura’s 271 Patent Blog)

Let’s be practical about communicating IP value (IP Think Tank)

Make patents, not war – Branding intellectual property: the next step (IP Think Tank) (IP Think Tank) (The IP ADR Blog)

Transatlantic coalition calls for ‘halt’ to ACTA talks until US and EU publish full text of negotiation documents (Ars Technica) (Intellectual Property Watch)

IP securisation and UNCITRAL: it’s not too late to comment! (IP finance)

International conference to probe interface between IP and public policy (WIPO)

So is it joint ownership or a licence? (IP finance)

Everything’s negotiable: How corporations can drastically reduce their IP legal costs with sacrificing IP quality (IP Asset Maximizer Blog)

Global – Trade Marks / Brands

Geographical indications: the WIPO symposium (Class 46)

Trade marks, social responsibility and fair trade (Class 46)

Signs and sensibility: Accommodating non conventional trade marks (IP Osgoode)

Global – Patents

Feeding the sharks or fuelling the economy? (IP Think Tank)

OECD roundtable on competition, patents and innovation – British delegation paper on woolly patents, global warming and the coming flood (PatLit)

NZ wind turbine patent including international rights to PCT application auctioned on eBay (Green Patent Blog)

Patent attorneys can create value-added services for their clients by assisting with open innovation efforts (IP Asset Maximizer Blog)

News items: IAM 250, IP metrics benchmarking study and new innovation blog for innovation entrepreneurs (IP Asset Maximizer Blog)

Global – Copyright

Meeting the needs of the visually impaired persons: What challenges for IP? – Meeting, Geneva, 13 July (WIPO)


APO: No inventive step: Electrowatt Technology Innovation Corp v ABB Inc (IPRoo)

American pop star Katy Perry sends cease and desist letter to Katie Perry clothing label (The IP Factor)

IP Australia: Changes to the administrative instructions under the PCT – filing and processing sequence listings effective 1 July (IPRoo)

PCT rule changes and other patents regulation changes (IPRoo)

Amendments to Trade Marks Regulations 1995 (IPRoo)

Amendments to Designs Regulations 2004 (IPRoo)


Acts of God and Brazilian national phase PCT (IP tango)


Copyright Board of Canada releases decision on photocopying in primary and secondary schools (Michael Geist)

CIPO adopts revisions to examination practices concerning ‘doubtful case’ letters and Examiner objection response timeframe (Canadian Trademark Blog)

Unravelling the Canadian copyright policy laundering strategy (Michael Geist) (Excess Copyright) (Ars Technica)

Quebec group working to protect local specialities with IP (Intellectual Property Watch)


Registering your trademark in the US and China on the cheap (China Law Blog)

Lehman, Lee & Xu to host delegation of experts from African Intellectual Property Organisation and SIPO to discuss IP development and future cooperation (China Blawg)

Supreme People’s Court comments on patent law (Washington State Patent Law Blog)


Possible to file PCT national phase from 2 June; calculation of PCT application annuity due date changes from 6 June (Afro-IP)


Greek court refers PDO questions to ECJ: Κ. Frangopoulos kai Sia OE v Nomarkhiaki Avtodiikisi Korinthias (Class 46)

L’Oréal wins decision against Bellure to prevent comparative advertising: L’Oréal v Bellure (The IP Factor)

Who speaks for the European majority?: L’Oréal v Bellure (IPKat)

Is the ruling in L’Oréal v Bellure against the law? (IPKat)

ECJ: Distinctive character must be acquired through use of trade mark before date of application: Imagination Technologies Ltd v OHIM (IPKat) (Class 46)

EPO appeal ‘invalid for insufficiency’: Pipe for filling bottles/Gallardo Gonzales (PatLit)

Prevent patents inhibiting knowledge diffusion for green technology, EU told (Intellectual Property Watch)

IPREG to regulate IP professionals (IPKat)

Tricky European patent question: what happens when international application is objected to by EPO acting as ISA on grounds of lack of unity? (IPKat)

Citing prior art in European patent applications (IPKat)

Swiss IP chief Roland Grossenbacher emerges as candidate to be new EPO President (IAM)

Cross-border litigation consultation: little time to act (PatLit)

It pays to be a (trade mark) bully according to study by economist Georg von Graevenitz on success of opponents before the OHIM (Class 46)

Latest European GI news: amendments to Sabina PDO for Italian oil and Pera dell’Emilia Romagna GI for Italian pears; PDO application for Italian Provolone del Monaco cheese; GI application for Permento do Couto Spanish peppers; registration of Pagnotta del Dittaino for Italian bread (Class 46)


French IPO publishes annual report for 2008 (Class 46)


Louis Vuitton drops claim against German Red Cross Society over sale of fake handbag (Class 46)


Trade mark fee reduction for Hungary (Class 46)


Deputy Commissioner of Patents rules that successfully opposing independent claims is sufficient to invalidate entire patent (The IP Factor)

Arbitrator of IP: ‘Sabon shel Safta’ (Granny soap) distinctive and non-diluting (The IP Factor)


Details of Ireland’s new IP tax reliefs now available (IP Frontline)


Japan limits private use exception (1709 Copyright Blog)


District Administrative Court: Differences between business reputation and trade mark: BOSS LIGHTS case (Class 46)

Supreme Administrative Court rejects cassation complaint in case concerning non-use of ‘Lech-Pol’ figurative trade mark (Class 46)

South Africa

The IPR Act attracting more comment (Afro-IP)


New regulations regarding power of attorney effective from 1 July 2009 (Afro-IP)


Top ten trade mark representatives in Switzerland (Class 46)

Swiss IPO to increase filing fee by 57% beginning 2010 (Class 46)

Cantonal Court of Vaud awards Ferrari preliminary injunction in dispute over Swiss company’s use of trade mark ‘Auto Avio Costruzioni’ with flying horse for cars (Class 46)

United Kingdom

UK Customs procedures and the burden of proof (IPKat)

Proposals to reform the Patents County Court (IP Osgoode)

2008/09 IP Crime Report released (Managing Intellectual Property)

United States
US General

USPTO bailout bill introduced (Peter Zura’s 271 Patent Blog) (The Invent Blog) (IP Watchdog) (Inventive Step)

David J Kappos – background of the Under Secretary Designate (IP Frontline)

Kappos nomination supported by industry and patent groups (Patent Docs) (Managing Intellectual Property)

US Patent Reform

Obama’s USPTO choice, Kappos, supports patent reform (Ars Technica) (Patently-O)

More problems with patent reform legislation (IAM)

US Patents

Understanding the role of the Board of Patent Appeals: Ex parte rejection rates on appeal (Patently-O)

Timeline of the BPAI backlog (Patently-O)

Evidence based prosecution: The status of applications filed 4½ years ago (Patently-O)

Committee assembled by Michel CJ publishes national model patent jury instructions (Patent Docs) (IP Spotlight)

How long does it take for the Patent Office to look at national entry papers? A long time (Patent Baristas)

PPAC meeting summary (Inventive Step)

Overtime ban at the USPTO (IAM)

Is it time to make law firms pay for representing patent trolls? (IAM)

Is there an emerging business model for IP lawyers’ owning so-called ‘patent trolls’? Only until their corporate clients find out (IP Asset Maximizer Blog)

Discussion of The Hill op-ed by Sen Hatch ‘1952 law belies out progress in sciences’ (IP Watchdog)

Ocean Tomo does rating deal with France’s state bank (IAM)

Did you know… importation is a separate requirement in section 337 cases? (ITC 337 Law Blog)

US Patents – Decisions

CAFC: Effect of a stipulated dismissal: Garber v Chicago Mercantile Exchange and the Chicago Board of Trade (Patently-O)

BPAI speaks on ‘transformation’ prong: Ex Parte Hardwick (12:01 Tuesday)

ITC issues final determination of s 337 violation in investigation based on complaint lodged by Samsung against Sharp concerning LCD devices (ITC 337 Law Blog)

ITC decides not to review enforcement initial determination that respondents Ninestar Technology, Town Sky, Mipo, Ribbon Tree and Apex violated Commission orders issued in investigation concerning ink cartridges (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

GBS Development – Motion to dismiss or transfer for improper or inconvenient venue denied: GBS Development, Inc v West (

Isuzu – Kruse sues again; accuses Isuzu of infringing diesel engine patents (Green Patent Blog)

Lutron Electronics – Lutron files 337 complaint against Neptun Light regarding light control devices and dimmer switches (ITC 337 Law Blog)

Worldpak International – Motion to transfer venue from Sherman to California denied: Worldpak International, LLC v Diablo Valley Packaging, Inc (

US Copyright

Judge Posner suggests tighter copyright rules to protect news reporting (Chicago Intellectual Property Law Blog)

US Trade Marks – Decisions

District Court W D Washington: Allegation of wilful infringement enough for attorney’s fees award: Chevron USA, Inc v In N Out Minimart on Broadway, Inc (Seattle Trademark Lawyer)

Federal jury in Missouri return verdict in favour of Just Enterprises in trade mark infringement lawsuit to enforce its 1-800-JUSTICE mark used in connection with legal service referrals (IP Frontline)

8th Circuit overturns laches decision in CRISTAL trade mark infringement lawsuit: Champagne Louis Roederer v J Garcia Carrion SA et al (Las Vegas Trademark Attorney)

TTAB reverses two refusals of CARPET TO CARPET for reclamation services: In re Columbia Insurance Company (not precedential) (TTABlog)

TTAB: Transfer of common law trade marks under state law: Terra Sul Corp aka Churrascaria Boi Na Brasa v Boi Na Braza, Inc (not precedential) (Property, intangible) (TTABlog)

TTAB: Motorola ‘chirp’ sound unregistrable: Nextel v Motorola (precedential) (Property, intangible)

Would you have appealed from this TTAB trifusal?: In re Peter S Herrick PA (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Mantra Films – GIRLS GONE WILD sues wireless companies over GIRLS GONE MOBILE: Mantra Films, Inc v et al v Oasys Mobile, Inc (Las Vegas Trademark Attorney)

Superdawg – Chicago’s SUPERDAWG restaurant files trade mark infringement suit against NYC’s SUPERDOG: Superdawg Drive-In v Danny Omari dba Superdog (Las Vegas Trademark Attorney)


Venezuelan President threatens to counterfeit Tetra Pak packaging goods to reduce spending and reliance on foreign companies (Afro-IP)

Registrar of Patents and Trade Marks posts comments on IP Day – complains about multinational companies, supports pirates (IP tango)


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