General Global Week in Review 3 Oct 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:

ACTA signing begins (Spicy IP) (Ars Technica) (Public Knowledge) (Spicy IP) ( (Michael Geist) (Out-Law) (Michael Geist)

The Unified Patent Court: EPLAW Resolution on the Draft Agreement (EPLAW) (PatLit) (IPEG) (IAM)

CAFC finds intervening rights created by post grant disclaimer: Marine Polymer Technologies, Inc. v. HemCon, Inc (Patents Post-Grant) (Patently-O) (Reexamination Alert) (IPBiz)


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

If You Want It, Then There’s a Way to Get It (IP Think Tank)

Reframing the Global LPO Quality Question (IP Think Tank)

How is IP handled in your firm? (IPKat)

Talk of treaties, revenue increase, development as WIPO Annual assemblies kick off (IP Watch)

50 people, companies and other things that have helped to shape today’s IP market (IAM)

Inside the IP Business Congress (IAM)


Global – Trade Marks / Brands

Unpaid costs revisited (IPKat)


Global – Patents

Top 5: Countries by patent intensity (Patent Quality Matters)


Global – Copyright

ACTA signing begins (Spicy IP) (Ars Technica) (Public Knowledge) (Spicy IP)

ACTA is not consistent with US laws on injunctions and damages (KEI)

Highlights from the Creative Commons Global Summit (Creative Commons)



Australia signed up to ACTA (

Proposed amendments to Australian patent law (Patent Baristas)

IP Australia news – fee review and new website (Patentology)



INPI grants GI for ‘Queijo Minas Artesanal do Serro’ cheese (IP tango)

Brazil faces up to Fifa over World Cup 2014 Bill (IP tango)



Canada may (not) be signing ACTA this weekend – updated (Michael Geist)

Certification Marks: Decision against registration of HALLOUMI for cheese affirmed by Court of Appeal: Ministry of Commerce and Industry of the Republic of Cyprus v. International Cheese Council of Canada (Canadian Trademark Blog)

Copyright Board rejects bid for transactional licences (Michael Geist)

Re:Sound not soundly defeated just yet: Re:Sound v. Motion Picture Theatre Associations of Canada, et al. – sound recording copyright royalties and cinematographic works (IP Osgoode)

Century 21 v. Zoocasa: Contract and copyright in the electronic world (IP Osgoode)



LV is not well-known? – Beijing First Intermediate People’s Court accepts admin lawsuit lodged by Louis Vuitton against China Trademark Review and Adjudication Board (China Law Insight)

Core IP issues in M&A and investment (Part II of II) (China Law Insight)

‘Patent Litigation in China’ The book. And it is good… (China Law Blog)

Canton Fair tries to become more fair in IPR protection, problems remain (IP Dragon)



A to Z of African official IP websites no.16: Egypt (Afro-IP)



EU will not join countries in signing ACTA this weekend (Out-Law)

A welcome affair – cooperation between European and Brazilian patent offices (IP tango)

Invalidity of international design registrations: OHIM speaks (Class 99)

The Unified Patent Court: EPLAW Resolution on the Draft Agreement (EPLAW) (PatLit) (IPEG) (IAM)

The future unified patent litigation system in the EU (EPLAW) (IPKat)

General Court confirms likelihood of confusion: META v METAFORM (Class 46)

SCOMBER MIX Community trademark : General Court says Go Fish: Case T-201/09 (Class 46)



On the use and abuse of saisie-contrefaçon (Kluwer Patent Blog)

French Supreme Court: Che Guevara’s portrait: not a valid CTM (Class 46)



Justice Sridevan’s report exposes the Central Govt’s apathy towards the IPAB (Spicy IP)



Counterfeit personal care products in Bali, Indonesia (IP Komodo)

Criminal patent infringement in Thailand and Indonesia (IP Komodo)

Indonesian Batik and IP protection (IP Komodo)

Local litigants in Indonesia (IP Komodo)



Israel is in “Law & Practice: Middle East & Africa” but should it be? (The IP Factor)



Japan to sign ACTA this weekend (Michael Geist)



A letter of consent and something more (Class 46)


South East Asia

Patent protection in the ASEAN region (Foreign Filing Blog)



Acquiescence not a factor in opposition proceedings (Class 46)


United Kingdom

Copyright in court judgments: a matter of access (1709 Copyright Blog)

SuperGroup: Fashion, recession and IP (IPKat)

Damages cap now in place (PatLit)

PCC Page 39: The Robot Octopus hides the paperwork (PatLit)

PCC one year on: Judge Birss QC writes (PatLit)


United States

US Patent Reform

USPTO implements prioritized examination track under AIA (Patent Docs) (Patently-O)

USPTO implements AIA changes to inter partes reexamination (Patent Docs)

America Invents Act: How the new law impacts your clients and your patent practice (Patent Law Practice Center)

Because inquiring minds want to know – best mode – Why is it one-sided? (Patently-O)

Guest post on best mode by Tun-Jen Chiang (Patently-O) (Patently-O)

America Invents Act: Other provisions in effect now (Inventive Step)


US Patents

USPTO updates fee schedule, but does not yet offer micro entity discount (Patent Docs)

Chief Judge Rader: Improving patent litigation (Patently-O)

Dissents: Judges Newman and Dyk (Patently-O)

USPTO Issues Final Notice for Track I Fee-Based Prioritized Examination (Patent Law Practice Center)

New inter partes review grounds to stay most patent litigation? (Patents Post-Grant)

USPTO hiring and paying more for administrative judges (Patently-O)

Northern District of Illinois patent program begins (Chicago Intellectual Property Law Blog)

Clean tech in court: green patent complaint update (Green Patent Blog)


US Patents – Decisions

CAFC finds intervening rights created by post grant disclaimer: Marine Polymer Technologies, Inc. v. HemCon, Inc (Patents Post-Grant) (Patently-O) (Reexamination Alert) (IPBiz)

CAFC: Construing claim constructions: Cordis Corporation v Boston Scientific (Patently-O) (IPBiz)

Kimberly-Clark: CAFC loses an opportunity to address law of preliminary injunctions: Kimberly Clark v First Quality Baby Products (IPBiz)

The Federal Circuit’s rare opportunity to protect the public from agency misconduct: In re Jeff Lovin (Patently-O)

District Court C D California: Another false marking case dismissed sua sponte in light of Leahy-Smith: GHJ Holdings v WMS Gaming (Docket Report)

ITC issues final determination of violation and general exclusion order in Certain Toner Cartridges (337-TA-740) (ITC 337 Law Blog)

District Court S D New York: Check the chain of title, please: Park B Smith v CHF Industries (Property, intangible)


US Patents – Lawsuits and strategic steps

Federal-Mogul – Preliminary injunction based on divided infringement theory denied for failure to show likelihood of success: Federal-Mogul World Wide v Mahle (Docket Report)

Haemonetics – Late change of position on claim construction barred by judicial estoppel: Haemonetics v Baxter Healthcare (Docket Report)

Schweitzer-Mauduit International – ALJ Gildea denies motion for summary determination on domestic industry in Certain Reduced Ignition Proclivity Cigarette Paper Wrappers (337-TA-756) (ITC 337 Law Blog)

Tyco Healthcare – Royalty range based on “medical field in general” not admissible in case involving Trocars: Tyco Healthcare v Applied Medical Resources (Docket Report)


US Copyright

Academics v Publishers: Revolution in the air? – Princeton University enforcing open access (1709 Copyright Blog)


US Copyright – Decisions

6th Circuit Court of Appeal: Not just ownership, authorship: Severe Records v Rich (Property, intangible)


US Trademarks

Recognizing “secondary meaning in the making” would protect new trade dress (Seattle Trademark Lawyer)

NYT discusses trademark bullying, though its example case is questionable (Seattle Trademark Lawyer)

Bizarre BMW commercial seems similar to classic false advertising lawsuit (Seattle Trademark Lawyer)


US Trade Marks – Decisions

Precedential No. 25: TTAB finds raised middle finger design for bottle to be scandalous or immoral, affirms 2(a) refusal: In re Luxuria (TTABlog)

Precedential No. 24: fame of TOTAL mark yields near total victory in General Mills 2(d) opposition to Fage yogurt applications: General Mills v. Fage Dairy Processing Industry (TTABlog)

Precedential No. 23: Sophistication of buyers leads to TTAB dismissal of CALYPSO section 2(d) opposition and cancellation proceeding: Calypso Technology, Inc. v. Calypso Capital Management, LP (TTABlog)

District Court E D Pennsylvania: Legal effect of consent to use and register name of a living individual when the name is already a trademark: Warren v. Falk (Property, intangible)

TTAB affirms mere descriptiveness refusal of “A BRAND NAME LAW FIRM,” finding double entendre argument unappealing (TTABlog)

Fame propels AUTOZONE to TTAB 2(d) victory in DENT ZONE cancellation: AutoZone Parts v Dent Zone Companies (TTABlog)

TTAB affirms genericness refusal of FIREPOT for … guess what? In re Bird Brain (TTABlog)

Test your TTAB judge-ability: Are PARK LANE and PARK AVENUE confusingly similar for footwear? (TTABlog)

SDNY: STOLICHNAYA case ends again: Federal Treasury Enter. v Spirits Int’l (Property, intangible)

Reversing a 2(e)(2) geographical descriptiveness refusal, TTAB asks, where the heck is WINDHOEK? (TTABlog)

Test your TTAB judge-ability: Are ENCHANTED PRINCESS and DISENCHANTED PRINCESS confusingly similar for stuffed toys?? (TTABlog)

Finding prior trade identity rights in PLATEFRAME, TTAB cancels PRETTYPLATEFRAMES registration for license plate frames (TTABlog)


US Trade Marks – Lawsuits and strategic steps

Ray’s Pizza – Ray’s Pizza, whose mark was imitated by many, to close its doors (Seattle Trademark Lawyer)

Sara Lee – Plaintiff “strikes out”: expert can be both testifying and consulting: Sara Lee v Kraft Foods (Chicago Intellectual Property Law Blog)



Life expectancy falls for Yemeni designs (Class 99)

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