General Global Week in Review 29 March 10 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:

ICAP Ocean Tomo auction sees record bidding (IP finance) (IAM) (Managing Intellectual Property)

Complete ACTA text finally leaked (Ars Technica) (Michael Geist) (IPKat)

Global – General

Top 10 IP strategy practicalities (IP Think Tank)

Intangible capitalists, top or bottom IP management and abuse of process – IP Think Tank podcast 18 March 2010 (IP Think Tank)

Extracting value from corporate IP (IP Think Tank)

Don’t forget World Intellectual Property Day! (IPKat)

Global – Trade Marks / Brands

Trademarks as an indicator of innovation – OECD working paper by Valentine Millot (JIPLP)

Global – Patents

ICAP Ocean Tomo auction sees record bidding (IP finance) (IAM) (Managing Intellectual Property)

Compulsory licensing of green technology: positive development or positively disastrous (IP Osgoode)

Violence not condoned – but is Patent Hitman a hit? (PatLit)

Battle of the patent search systems heats up! (Intellogist Blog)

Patent searching by classification (Intellogist Blog)

Global – Copyright

Complete ACTA text finally leaked (Ars Technica) (Michael Geist) (IPKat)

Toward an ACTA super-structure: How ACTA may replace WIPO (Michael Geist)

ACTA’s anti-camcording provision faces opposition from Australia, NZ, Switzerland (Michael Geist)

ACTA’s de minimis provision: Countering the iPod searching border guard fears (Michael Geist)

New ACTA leaks: IP categories and border measures (Michael Geist)

Copyright limitations on media freedom (SiNApSE)


Peer-to-patent Australia commences second phase (Spicy IP) (Innovation Partners)


Intellectual property in the Canada/EU Free Trade Agreement: time to pay attention (patentidbits)

Lost in the iPod Shuffle ‘tax’ shuffle – Angus’ ‘fair dealing’ suggestion (Excess Copyright)

Writers’ Union of Canada: Flexible fair dealing legalizes theft (Michael Geist)

Fair is Fair: Fix fair dealing say library, education, creator, and consumer groups (Michael Geist)

Lessig and Goldsmith on ACTA’s constitutional concerns (Michael Geist)


China tells WTO: Obligations fulfilled on IP dispute case (IP Watch)

Cheese with a double identity crisis: Dutch, no Chinese, no Kiwi (IP Dragon)

Beijing authorities to get tough on piracy (S&F)

China’s get out of jail free card for patentees: literally (IAM)


Chile off the EU’s ‘red list’ (IP tango)

Chilean earthquake damaged wine production and science (IP tango)


Important amendments to the procedural provisions of the EPC enter into force on 1 April 2010 (EPLAW) (Inovia IP)

EU to request publication of ACTA documents to stop ‘rumours’; Civil Society Meeting planned (IP Watch)

Hammerstein on ACTA (Michael Geist)

EU Internal Market IP Agenda for 2010/2011 (1709 Copyright Blog)

General Court: Board of Appeal did not err in the NOLI/NOLLIE dispute: 2nine Ltd v OHIM – Pacific Sunwear of California (Class 46)

Court of Justice referral from Irish High Court on legal issues raised in proceedings brought in effort to have hotel operators pay royalties for copyright music played in guest bedrooms (1709 Copyright Blog)


German Federal Court: Disparaging patent specifications, or your fish can stinks

Supreme Court rules on inventive step: Sektionaltor (EPLAW)

Supreme Court rules on inventive Step: Einteilige Öse (EPLAW)


Indian IP policy formulation: From confusion to coherence (Spicy IP)

Protection of folklore (Spicy IP)

BOLLYWOOD survives TM attempts in US & Germany (Spicy IP)

Waxing lyrical on royalties – An analysis of the author-centric amendments proposed to the Indian Copyright Act (Spicy IP)

GI for Tirupathi Laddu: Whose interests protected? (SiNApSE)

Public domain in copyright regime: facilitating right to know (SiNApSE)

Who’s intellect? Who’s property? (SiNApSE)


English and Scottish football leagues sue Israel score draw competition (IP Factor)


Made in Italy Act (IP Osgoode)

Latest Italian GI’s protect potatoes and almond cakes (Class 46)


No fake smokescreen – US$1.5 million worth of fake cigarettes consumed in Kenyan market (Afro-IP)

New Zealand

NZ ACTA meeting agenda leaks: Time for crime, not much for transparency (Michael Geist)


Norway names the day for Hague Agreement (Class 99)


Another judgment on legal interest (Class 46)

Problems with colours and trademarks of football clubs (Class 46)

South Africa

Radio 702 interviews with Minister Rob Davies over CIPRO’s woes and Gidon Novic on FIFA’s strong arm tactics against Kulula (Afro-IP)


Un-deterring fines, successful raid – Association of Christian Artists in Swaziland (ACASWA) join forces with local police in Manzini and confiscate infringing goods (Afro-IP)

United Kingdom

Pirate Party UK’s 2010 manifesto (IPKat) (IPKat)

ACID making a mark… on exhibition organisers? (Class 99)

Moral rights: no grey areas – SABIP’s ‘International Perspectives on Moral Rights’ debate (IPKat)

‘Film’ includes the copyright in it for tax purposes, says Court of Appeal (IP finance)

United States
US General

Our comments to the IP Enforcement Coordinator (Public Knowledge)

Public interest groups ask targeted enforcement for intellectual property (Public Knowledge) (EFF)

US Patents

Forest Group decision has lead to great rise in patent marking lawsuits (IP Watch) (Docket Report) (PatLit)

The relevance of invention date in patent prosecution (Part I – Patently-O), (Part II – Patently-O) (Part III – Patently-O) (Part IV Survey – Patently-O) (PartV Strategies – Patently-O) (Part VI BPAI Decisions – Patently-O)

Design patents and repair parts (Patently-O)

Design patents and replacement parts (Patently-O)

Class 705 issuances rising (12:01 Tuesday)

The need for an ‘enhanced’ enhanced first action interview (Anticipate This!)

How or will the Bilski decision affect intellectual capital and intangibles? (Business IP and Intangible Asset Blog)

US Patents – Decisions

Split Federal Circuit panel finds preamble language not limiting: Marrin v Griffin (GRAY on Claims) (Inventive Step)

District Court E D Texas: Inequitable conduct expert could not testify as to materiality absent qualification as a person skilled in the art: Advanced Technology Incubator, Inc v Sharp Corporation et al (Docket Report)

District Court N D California: Intracompany patent transfer strikes again: Two years of damages foregone: Advanced Micro Devices, Inc v Samsung Electronics Co., Ltd (Property, intangible)

District Court Delaware: Miss a date – $250 million: Encyclopaedia Britannica v. Dickstein Shapiro (Patently-O)

ITC: No s 337 violation; investigation terminated in Certain Semiconductor Integration Circuits Using Tungsten Metallization and Products Containing Same involving complainants LSI and Agere (ITC 337 Law Blog)

Fleshing out design patent infringement doctrine: Crocs v ITC (Patently-O)

US Patents – Lawsuits and strategic steps

Billingnetwork Patent – Court orders plaintiff to file separate patent suits against each defendant: Billingnetwork Patent, Inc v Avisena, Inc (Chicago Intellectual Property Law Blog)

Emson USA – Crunch time for ‘Ab Rocket’ docket: Claims against manufacturer severed and transfer; claims against retailers stayed: Shifferaw v Emson USA et al (

Infineon – ITC institutes investigation regarding certain DRAM semiconductors based on complaint by Infineon against Elpida, Rexchip Kingston and others (ITC 337 Law Blog)

Rambus – ITC to review initial determination in certain semiconductor chips (ITC 337 Law Blog)

Safety Link International – Motion to dismiss for lack of personal jurisdiction recommended denied: Safety Link International, Inc v Boyce et al (

Sony – Sony files new 337 complaint alleging TPV Technology, Top Victory Electronics and others unlawfully import, sell certain patent infringing display devices including digital televisions and monitors (ITC 337 Law Blog)

Theresense – Therasense, Inc et al v Becton Dickinson & Co. et al: En banc support from law professors (Patently-O)

Verizon – Verzon files new 337 complaint alleging Cablevision unlawfully imports, sells, leases patent infringing set-top boxes (ITC 337 Law Blog)

US Copyright

iCopyright? iCopywrong? Whither fairness? – Associated Press and fair use (Spicy IP)

Copyright office: Copyright royalty judges have subpoena power over non-witnesses (Copyright Litigation Blog)

International law: Wrestling the dead hand of history – Panel on Nazi looted art (Copyright Litigation Blog)

US Copyright – Decisions

District Court E D Pennsylvania: $20 million copyright infringement jury award upheld in case concerning filched sales materials later used to poach clients: Graham v Haughey (Copyright Litigation Blog)

District Court N D Illinois strikes plaintiff’s late-identified copyright: Valley Entertainment, Inc v Friesen (Chicago Intellectual Property Law Blog)

9th Circuit to offer remote live viewing of Cassirer v Kingdom of Spain Nazi art looting case (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Walt Disney Company – Have Marvel superheros met their copyright match? – battle between Marvel comic artist Jack Kirby’s heirs and Walt Disney Company (IPKat)

US Trademarks

Trademarks Next Generation (Director’s Forum) – website re identifying counterfeits (The Trademark Blog)

Trademark Technical and Conforming Amendment Act of 2010 is now in effect (Daily Dose of IP)

US Trade Marks – Decisions

CAFC affirms TTAB summary judgment in 2(d) farm boy design dispute Odom’s Tennessee Pride Sausage, Inc. v. FF Acquisition, L.L.C. (TTABlog)

TTAB precedential no 11: Foreign mark’s fame in US plus ITU application provides dilution cause of action: Fiat Group Automobiles S.p.A. v ISM, Inc. (TTABlog)

TTAB says E-BANDAGE and ELECTRONIC BANDAGE merely descriptive of bandages: Johnson & Johnson v Klearsen Corp (not precedential) (TTABlog)

Test your TTAB judge-ability: Does VALVERDE have the look and sound of a surname? – TTAB reverses refusal: In re Spumador S.P.A. (not precedential) (TTABlog)

Will the TTAB follow the 4th Circuit’s Rosenruist ruling? – Recent ruling in Oxford Tutoring Inc v Oxford Learning Centres, Inc suggests the answer is no (TTABlog)

District Court Minnesota finds no abandonment of ATLA mark by American Association for Justice: American Association for Justice v. The American Trial Lawyers Association et al (Las Vegas Trademark Attorney)

8th Circuit allows franchisor to register trademark that was first used by licensee: Pinnacle Pizza Inc v Little Caesars Enterprises (IP Spotlight) (Property, intangible)

US Trade Marks – Lawsuits and strategic steps

Akoo – Rapper T.I.’s clothingline sued by Akoo for trade mark infringement (Trademark Blog of the Trademark Lawyer’s Mind)

GM – GM files suit against Grand Sport replica manufacturer, Mongoose Motorsports (Trademark Blog of the Trademark Lawyer’s Mind)

Lego – LEGO have learned the spin game – Lego’s trade mark suit against children’s charity project Project Legos (Innovation Partners)

Washington Mutual – Failed bank, Washington Mutual, continues to protect trademark rights (Seattle Trademark Lawyer)


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