General Global Week in Review 30 August 2010 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 Advocate General says no to a single EU patent litigation system (IAM) (EPLAW) (IPBiz) (IPKat) (PatLit) (IP:JUR)

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

Prioritising your IP Action Points (Post 3 of 5 on IP Strategic Reviews) (IP Think Tank)

China’s economy and IP, confidential information and crowd sourcing – Podcast 19 August 2010 (IP Think Tank)

Online tool helps businesses manage intellectual assets – Intellectual Property Explorer (Patentology)

The term of trade secret protection: The dirty little secret (IPKat)

Do accounting systems and language hamper creative business strategies involving intangible assets and IP? (Business IP and Intangible Asset Blog)

Global – Trade Marks / Brands

Dilution is in decline, suggests empirical study (IPKat)

Global – Patents

World’s first patent exchange inches towards launch; listees to be named next month (IAM)

Yes, patents do have gender (IP Osgoode)

Global – Copyright

Next ACTA round to be Vice-Ministerial level meeting (Michael Geist)


Inventorship in the spotlight yet again: Sang Bong Lee v Komipharm International Co., Ltd (Patentology)

Defending against the licence to infringe – Grounds of opposition: Razer Industries Pty Ltd v Robert R Law (Patentology)

Injurious falsehood and also passing off: Jack Brabham Engines Limited v Beare (ipwars)

Intervening Rights – A licence to infringe? (Patentology)


Rights holders launch initiative to protect content in Africa (IP Watch)


First denomination of origin for national product – rice (IP tango)


Writers groups attack fair dealing reform in Copyright Bill (Michael Geist)

The ‘education’ exception: Toronto Star editorial of August 14, 2010 – ‘Copyright Bill Needs Change’ (Excess Copyright)


Lehman, Lee & Xu comments on Carrefour’s lawsuit against Chinese supermarket chain over name (China Law Blog)

Reports of China IP’s demise are a bit premature (China Hearsay)

IP Dragon speaks on 7th Annual Asia Pacific IP Forum 2010 (IP Dragon)


ECJ Advocate General says no to a single EU patent litigation system (IAM) (EPLAW) (IPBiz) (IPKat) (PatLit) (IP:JUR)


Tribunal de Grande Instance: Calculation of damages: S.A. Technogenia v. S.A.R.L. Martec (formerly named Soneco) et al (EPLAW)

‘Aura of luxury’ assists Chanel against ‘poor quality’ marketing (Class 46)

Saucisse de Morteau names protected (Class 46)


Prepaid Telephone Card: Germany reaches out to foreign infringing acts (PatLit)

Pioneering German patent fund business files for bankruptcy (IAM) (IAM)

Federal Supreme Court: ohne Stichwort (‘without keyword’) (EPLAW)

Federal Supreme Court : ‘Fälschungssicheres Dokument’ (‘Unforgeable Document’) (EPLAW)

Düsseldorf vs. Cologne – Gathering evidence in IP matters: The disputed ‘urgency’ requirement of /ex parte /inspection orders (EPLAW)

Appeal Court Frankfurt:  Presumption of urgency under unfair completion law: Whiskey-Cola (EPLAW)

Was no copyright the real reason behind Germany’s industrial expansion? (Michael Geist) (ArsTechnica)


Justice Bhat and Controller General Kurian make it to MIP’s list of 50 most influential people in IP (Spicy IP)

A beginner’s guide to patent litigation before Indian Courts and the Indian Patent Office (Spicy IP) (PatLit)

TM reclassification – IPO issues fresh notification (Spicy IP)

India and the Madrid Protocol (Spicy IP)

India fares badly in IPR Protection Report by PERC (Spicy IP)

Copyright Board delivers judgment in mega-compulsory licensing dispute; fixes royalty at 2%: ENIL v PPL & Ors (Spicy IP)

Conducting a ‘Due Diligence’ on an Indian patent before it goes to litigation (Spicy IP)

Bombay HC discusses ‘variety’ of essential ingredients in TM infringement action (Spicy IP)

Proposed amendment – Copyright (Amendment) Bill 2010: From ‘hire’ to ‘commercial rental’ scope, inadequacies, implications & recommendations (Spicy IP)

Section 3(d): A positive twist in the tale? (Spicy IP)


Reopening abandoned design files in Israel (Class 99)

Israel patent application opposed on grounds of novelty and inventiveness – without citing prior art (IP Factor)

Scouring pads considered non-inventive and application considered abandoned (IP Factor)

Israel Patent Office issues warning to unlicensed IP Practitioners (IP Factor)

NexMed counts their chickens… (IP Factor)


District Court of The Hague: Invalidity claim dismissed – Kermis- en Machinebouw Gaasendam Europe v. Ronald Bussink Amusement Design (EPLAW)


Denomination of origin for Peruvian coffee (IP tango)


Conflict between trade names (Class 46)

South Africa

SARU sued for patent infringement: Audiosport International (Pty) Ltd v Soundsure CC and the SA Rugby Union (Afro-IP)

Africa Media Rights Watch initiative to be launched (Afro-IP)


More protection for branded booze sold in noisy bars: Caves Arcos do Rei, Lda v Bodegas Hidalgo – La Gitana, S.A. (Class 46)  


Police, pirate tapes, poverty and politics: a sad tale (IPKat)

United Kingdom

EWCA decision in bulls and horns, carts and horses – but still no stay: Molnlycke Health Care v BSN Medical Ltd (PatLit)

Henry replica sucks – EWHC decision in design infringement and passing off case Numatic International Ltd v Qualtex UK Ltd (jiplp)

Defending the ECJ against Lord Justice Jacob: L’Oréal v Bellure (jiplp)

British customs attract international attention (IPKat)

Déjà-vu and Golden Balls: now it’s Gucci’s turn (IPKat)

Stig-ment of the imagination? (IPKat)

Regulating the IP professions: need for more transparency and trust? (IPKat)

United States

US Patent Reform

Another new Patent Reform Bill is introduced in the House (Inventive Step)

National Law Journal editorial questions USPTO three-track examination proposal (Patent Docs)

AIPLA, IPO comments on proposed three-tier application system (Inventive Step)

US Patents

USPTO continues to expand patent prosecution highway (Patent Docs)

The Patent Prosecution Highway (InoviaIP)

IPO comments on proposed changes to restriction practice (Patent Docs)

USPTO’s ‘Green’ technology fast-track program off to a slow start (271 Patent Blog) (IPBiz)

Patent abstracts are not the answer to repatriating jobs (Patently-O) (Patently-O)

US Patents – Decisions

CAFC: Lack of ‘engineering details’ in claim hampers nonobviousness argument: Martin v. Alliance Machine (Patently-O)

CAFC affirms in Pass & Seymour appeal (2009-1338, -1369) (ITC Law Blog)

District Court N D Illinois: False Claims Act does not bar multiple false marking suits: Simonian v. Hunter Fan Co. (Chicago IP Litigation Blog)

District Court E D Texas: JMOL rulings – damages experts, future royalties, JMOL standards, obviousness, etc: Soverain v. Newegg (

District Court Delaware: Plaintiff’s marking of packaging instead of products precludes pre-suit damages: Belden Technologies Inc. et al v. Superior Essex Inc. et al. (Docket Report)

District Court N D California: Reasonable royalty damages for indirect infringement not limited to ‘Specific Acts of Infringement’: Tyco Healthcare Group LP d/b/a Vnus Medical Technologies v. biolitec, Inc. et al. (Docket Report)

District Court N D Illinois: Simonian v. Bunn-O-Matic stayed until the Federal Circuit issues its opinion in Stauffer v. Brooks (Docket Report)

District Court E D Virginia: Nine year delay does not trigger laches but does preclude award of prejudgment interest: Humanscale Corp. v. CompX International Inc. et al. (Docket Report)

District Court N D Ohio: Assigning monetary value to past infringement does not undermine Plaintiff’s request for permanent injunction: Bendix Commercial Vehicle Systems LLC, et al v. Haldex Brake Products Corp. (Docket Report)

US Patents – Lawsuits and strategic steps

American GNC – New 337 complaint concerning Certain Components for installation of Marine Autopilots with GPS or IMU (ITC 337 Update)

Amsted Industries – Amsted voluntarily dismisses its appeal – Certain Cast Steel Railway Wheels, Certain Processes for Manufacturing or Relating to Same and Certain Products Containing Same (ITC 337 Update)

Chimei Innolux – Chimei files new 337 complaint regarding Certain Liquid Crystal Display Devices (ITC Law Blog)

Lexmark – Lexmark files new 337 complaint regarding toner cartridges (ITC 337 Law Blog)

US Copyright

Fashion IP revisited: The Innovative Design Protection and Piracy Prevention Act (IP Osgoode)

US Copyright – Lawsuits and strategic steps

Associated Press – Court sets trial date in Shepard Fairey case; Mannie Garcia drops out (Copyrights & Campaigns)

Mahoney, Sean – Could ‘Cruel Summer’ campaign video lead to a cruel copyright lawsuit? (Copyrights & Campaigns)

Rondor Music International – Too many California girls? – RMI seeks addition of Beach Boys members as co-authors on Kate Perry, Snoop Dogg song ‘California Gurls’ (1709 Blog)

US Trade Marks – Decisions

4th Circuit: Selling replacement supplies could constitute contributory trademark infringement: Georgia Pacific v. Von Drehle (Technology & Marketing Law Blog)

9th Circuit finds infringement not willful, refuses award of profits: HydraMedia Corp. v. Hydra Media Group Inc. (Seattle Trademark Lawyer)

TTAB precedential no. 33: Opposer proves priority based on sale of ventilators for test purposes: Automedx, Inc. v. Artivent Corporation (TTABlog)

Rejecting broad interpretation of cited registration, TTAB reverses 2(d) refusal of RED BOX DIVERSITY SYSTEM (TTABlog)

WYHO? TTAB tosses out feeble fraud and mere descriptiveness claims: Galaxy Metal Gear, Inc. v. Direct Access Technology, Inc. (TTABlog)

TTAB reverses 2(d) refusal of WISH YOU WERE HERE for underwear (TTABlog)

Test your TTAB judge-ability: Is ONCE A MARINE, ALWAYS A MARINE on clothing a trademark, or merely informational? (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Delicious – Delicious trademark dispute not appropriate for summary judgment: Fortune Dynamic, Inc. v. Victoria’s Secret Stores Brand Management, Inc. (Seattle Trademark Lawyer)

Las Vegas Tropicana Hotel & Casino – The convoluted and complicated history of the TROPICANA hotel/casino trademark (Las Vegas Trademark Attorney) (Property, intangible)

Snooki – Tarnishment by association: a new twist (IPKat)

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