General Global Week in Review 3 January 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:

China revamps its outdated copyright pledges system (IP Law Blog)

Copyright Board grants Access Copyright’s application for interim tariff (Excess Copyright)

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

Intellectual Ventures, IP business models and IP in development (IP Think Tank)

Joining the team at Think IP Strategy, 200 years 200 countries 4 minutes and beyond (IP Think Tank)

Top 5 posts for 2010 – social engagement, pageviews and comments (IP Think Tank)

The importance of IP relationship management (ipeg)

Global – Trade Marks / Brands

Trade marks as birthday presents: can it be done? (Class 46)

Global – Patents

Patent due diligence: Strategic patents & acquired liability in M&A (Patent Due Diligence)

Global – Copyright

Top IP-Watch stories of 2010: Copyright fights, ACTA, Medicines access (IP Watch)


The fee for using music in gyms: FCAFC rules in Fitness Australia Ltd v Copyright Tribunal (ipwars)


How to sell gemstones? GI marketing! (IP tango)


Copyright Board grants Access Copyright’s application for interim tariff (Excess Copyright)


China revamps its outdated copyright pledges system (IP Law Blog)


Spinning – a tale too bad to be true – Mad Dogg asserts trade mark rights against gym operators (Innovationpartners)


A tale for our time: Princess Ilonka and the Landeshauptmann: ECJ rules in Ilonka Sayn-Wittgenstein v. Landeshauptmann von Wien (IPKat)

Spain refers two design infringement questions to Court of Justice: Celaya Emparanza y Galdos Internacional S.A. v Proyectos Integrales de Balizamientos S.L. (Class 99)

General Court decision in T-13/09: Holidays sweets not distinctive (Class 46)

General Court confirms Lindt chocolate bunny fails distinctiveness test in cases T-336/08, T-346/08 and T-395/08 (Class 46) (Class 46)

EPO Board of Appeal decides on inventive step in T 1741/07 concerning system and process for monitoring railway tracks (Kluwer Patent Blog)


The BGH and the photographs of Prussian castles: V ZR 45/10, V UR 45/10, V ZR 44/10 (IPKat)

Restriction of patent claims in German infringement proceedings (Kluwer Patent Blog)

German Federal Patent Court finds ‘Young Wild & Sexy’ descriptive of party organisation services (Class 46)

German Kindergartens to pay copyright royalties on nursery rhymes and songs (IP Factor)


Infringement claim stayed following later patent challenge (PatLit)


Pre-grant and post-grant opposition by same parties – strategy and impact (Indian Patent Oppositions)

Copyrighting a wrong and injecting fairness into Bollywood (Spicy IP)

The debate on the Copyright Amendment Bill, 2010 to spill out on the streets of Delhi (Spicy IP)

Copyright Act Standing Committee Report: Technological Protection Measures (Spicy IP)

Must law lag behind in innovation? : The need to encourage legal entrepreneurship (Spicy IP)

State’s copyright not exempt under RTI Act: Delhi Metro Rail Corp. v. Sudhir Vohra (Spicy IP)

SpicyIP Tidbit: Bennett Coleman appeals Financial Times order (Spicy IP)


Another M, another copyright reform (1709 Blog)


EPO – European patents may become valid in Morocco (EPLAW)


Can IP really halt a general election?  Bedding Holdings v INEC & Others (IPKat)


Use it or lose it? The Scottish Law Commission reflects on copyright and limitation periods (1709 Blog)


Cointreau takes a sweet sip in Alicante (Class 46)

United Kingdom

If innovation is the tonic, what’s the gin? (IPKat)

Alicante News fastens on UK RCD filings (Class 99)

Artist resale royalty, harmonisation and a comment from Down Under (1709 Blog)

The PCC Pages: a complete list of posts and links (PatLit)

EWHC (Ch): No interim relief for herd of Cow brands: Cowshed Protects Ltd v Island Origins & Ors (Class 46)

United States

US Patents

USPTO announces extending Missing Parts Pilot Program (IP Lawyers)

USPTO expands and extends Green Technology Pilot Program (IP Lawyers)

Patent reexamination & patent reissue (2010-2011)  (Patents Post Grant Blog)

Top 10 posts for 2010, Ways to follow Gray on Claims, and new features (Gray on Claims)

CAFC slates patent reexamination/reissue disputes for early 2011 resolution: In re Tanaka; In re NTP; and In re Mostafazadeh (Patents Post Grant Blog)

US Patents – Decisions

District Court Delaware: Jury finds RyMed infringes ICU medical valve patents (Patent Docs)

District Court S D New York: Instructions to an arms length business partner do not constitute ‘control or direction’ for joint infringement: Liquidnet Holdings, Inc. v. Pulse Trading, Inc (Docket Report)

District Court W D Virginia: Intervening rights absolve of damages for activities before reexamination certificate issue date: University of Virginia Patent Foundation v. General Electric Company, et al. (Reexamination Alert)

District Court M D Tennessee: Defendants’ allegation of fraud is one reason to deny motion to stay pending re-examination: Protective Industries, Inc. v. Ratermann Manufacturing et al.  (Reexamination Alert)

US Patents – Lawsuits and strategic steps

Bone Care – Court exercises discretion to avoid ‘sandbagging’ rebuttal cases: Bone Care Int’l, LLC v. Pentech Pharms., Inc. (Chicago IP Litigation Blog)

Lamps Plus – Failure to show subjective bad faith sinks request for attorneys’ fees for alleged frivolous lawsuit: Mark Hunter v. Lamps Plus Inc., et. al (Docket Report)

US Copyright

A non-exhaustive look at exhaustion: U.S. Supreme Court passes on chance to review exhaustion doctrine in patent cases: Costco v Omega (America-Israel Patent Law)

US Copyright – Lawsuits and strategic steps

Rosenberg, Marta Erika – Copyright in Schindler’s List? – Sale of original Schindler’s list by Manhattan memorabilia dealer (IP Factor)

US Trade Marks – Decisions

TTAB  precedential no. 47: TTAB dismisses opposition for lack of standing, finds no excusable neglect warranting re-opening of case: Prakash Melwani v. Allegiance Corporation (TTABlog)

Another restaurant name dispute – District Court S D New York: Nothing Heavy, Inc. v. Levinson (Property, intangible)

Test your TTAB Judge-Ability: Are B.C. PIZZA and B&C PIZZA confusingly similar? (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Eden Foods – ‘Eden Organic’ mark owner sues over ‘Eatin’ Organics’ (Seattle Trademark Lawyer)

Orthodox Union – Orthodox Union sue for fraudulent use of their Kashruth Mark, claiming trademark infringement (IP Factor)

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