General Global Week in Review 30 November 2009 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:

David Lammy announces research programme to explore role of IP as facilitator of innovation and economic growth (IPKat) (IPKat) (IAM)

USPTO to use Indian traditional knowledge database (Managing Intellectual Property) (Spicy IP) (Securing Innovation)

Global – General

Forbidden City, global firm and thank you (IP Think Tank Blog)

ACTA negotiations (Afro-IP) (IP Osgoode)

Last chance for IP Hall of Fame nominations (IAM)

Time for human rights to enter into IP policy dialogue, panel says (IP Watch)

XIX Ibero-American Summit: ‘Innovation and Knowledge’ (IP tango)

Off-shoring intellectual capital is off-shoring intangible assets… (Business IP and Intangible Assets Report and Blog)

The inequitable commons – intellectual property and the public domain (IP Osgoode)

Global – Trade Marks / Brands

Global trademark filing stats (Afro-IP)

Global – Patents

Patentscope extended to several collections of national and regional patent information (Afro-IP)

Who owns the patent? – Assigning patent rights (IP Frontline)


Kim Weatherall on ACTA in Australia and what it would mean (Michael Geist)

2nd round consultations on IP reform in Australia (ipwars)

Now you don’t see it, now you do… – visual artists will eventually receive small share of resale value of their artworks (1709 Copyright Blog)


Patents update – new Practice Notice on Obviousness 2 Nov 2009 – introduces four part test on obviousness following Apotex v Sanofi-Synthelabo (

Court injects ‘duty of candour’ requirements for patent agents: Lundbeck Canada v Ratiopharm (Pharmacapsules @ Gowlings)

Vancouver Olympic Committee unravels Cowichan sweater trade mark tangle (Canadian Trademark Blog)

Library Content Alliance on ACTA (Michael Geist)


China drafts all-out national standards IPR policy (IPEG

FEVS: ‘Mainland China principal counterfeiter wine’ (IP Dragon)

When to register your China trade mark (China Law Blog)

China patent series: Patent applications (Maier & Maier)


The trouble with trademarks and different languages – Ærø v Aero mark owners resolve issue amicably (Innovationpartners)

Wise decision of Danish minister in case concerning use of marks similar to those of Coca-Cola in campaign to reduce youth consumption of soft drink (Innovationpartners)


ECJ: Restrained interpretation of reputed trade marks: Intel and TDK cases (IP Frontline)

ECJ: Does Infosoc directive shed light on fair compensation and the three-step test? Stichting de Thuiskopie v Opus Supplies Deutschland GmbH(The 1709 Copyright Blog)

ECJ: upholds ‘compulsory licences’ of Green Dot trade mark: Der Grüne Punkt-Duales System Deutschland GmbH v European Commission (JIPLP)

ECJ: Manifest inadmissibility of reference for preliminary ruling in Canon Kabushiki Kaisha (C-181/09) (Class 46) (IPKat)

Bud court asks ECJ: what is ‘acquiesced’? Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (Class 46) (IPKat)

EPO: Should green technology be subject to compulsory licensing? (Patent Baristas)

EU files responses to ACTA Internet Chapter (Michael Geist)

Here comes a pan-European copyright regime? (The 1709 Copyright Blog)

Bilateral agreement between the EU and both Peru and Columbia near to a closure (IP tango)

New patent searching qualification proposed (The IP Factor)


Otto buys Quelle trade marks following Quelle’s announced bankruptcy (Class 46)

McDonalds turns green, literally (Class 46)

Yekalon, Unilin patent battle, this time in Germany, over glueless locking technology for wood and laminate floors(The SF law blog)

Bundespatentgericht: ‘Bollywood macht glücklich!’ (Bollywood makes you happy!) not sufficiently distinctive to qualify for trade mark protection (Class 46)


Guernsey: the offshore jurisdiction of choice for IP rights (IP Frontline)


The power to suspend operation of a patent: IPAB’s stay of operation of Ramkumar’s patent covering dual SIM phones (Spicy IP)

USPTO to use Indian traditional knowledge database (Managing Intellectual Property) (Spicy IP) (Securing Innovation)

Madras High Court records issues in Bajaj-TVS patent dispute (Spicy IP)

Union Minister moots preventative detention as the answer to video piracy: Meeting of Ministers at New Delhi 5 December (Spicy IP)


WIPO provides access to Israel’s patent data (IP Factor)


Same shape, different colour, different trade mark: Dutch Supreme Court blesses interoperable toy bricks: Lego Nederland B.V. c.s v Mega Brands Inc (IPKat)

New Zealand

Delay no bar to an account of profits, rules Hefty Court – Intellectual Property Development Corporation Pty Ltd and Hefty NZ Ltd v Primary Distributors New Zealand Ltd, D. J. Graham and R. J. Jones(IP finance)


New Chairman of the Polish Chamber of Patent Attorneys (Class 46)

South Africa

Department of Trade & Industry proceeds with plans to convert CIPRO into self-standing commission (Afro-IP)

CIPRO Risk Manager suspended on charge of ‘breach of confidentiality’ (Afro-IP)


Supreme Court on slogan trade marks: no need of a special treatment (if anyone still doubted) (Class 46)

Rock band La Quinta Estación name dispute between founding member and current members (Class 46)


Swedish minister to demand ACTA be opened up (Michael Geist)


Proposed legislation on the use of ‘Swiss made’ (Class 46) (Class 46)

United Kingdom

David Lammy announces research programme to explore role of IP as facilitator of innovation and economic growth (IPKat) (IPKat) (IAM)

New UK rules protect ‘Scotch Whisky’ appellation (Class 46)

Copyright in un-facts – Gracie Fields biographer unhappy with Evening Standard’s use of his work without attribution (1709 Copyright Blog)

United States
US General
The impact of KSR – land mark case in obviousness – KSR v Teleflex (Director’s Forum) (Patentdocs)

Green patent predictions: law firm forecast predicts rise in clean tech patents (Green Patent Blog)

The distraction of transparency: an ACTA news roundup (Electronic Frontier Foundation)  (Michael Geist)

Another pro-ACTA letter from MPAA, RIAA (Public Knowledge)

US Patents

Bilski decision likely to narrow patentable subject matter in US, panel says (IP Watch)

Protecting business methods in view of Bilski (IP Frontline)

Law firm forms strategic IP monetization practice (IP Frontline)

A detailed examination of what the proposed first to file means to business (IP Asset Maximizer Blog)

Western District Washington revised local rules become effective 1 Dec 2009 (Washington State Patent Law Blog)

Federal rules and local rules deadline changes (Chicago Intellectual Property Law Blog)

US Patents – Decisions

District Court E D Texas: Summary judgment of invalidity (obviousness) granted; motion for leave to amend to assert walker process claims denied – The Ohio Willow Wood Company v. Thermo-Ply, Inc (

District Court E D Texas: Motion for summary judgment on patent exhaustion and implied licence granted in part ExperExchange Inc v DocuLex Inc (

District Court E D Texas: Defence verdict in patent case in Marshall (and trial stats so far for 2009): Fiber Systems v Applied Optical (

US Patents – Lawsuits and strategic steps

Honeywell – ITC to review initial determination in investigation of import of certain automotive multimedia display and navigation systems (ITC 337 Law Blog)

Humanscale – ITC: Summary determination on economic prong of domestic industry requirement granted in matter concerning adjustable keyboard supports brought by Humanscale against CompX; CompX summary determination motions denied (ITC 337 Law Blog) (ITC 337 Law Blog)

INEOS – ICT not to review enforcement initial determination in investigation of Sinochem and others concerning import of allegedly patent infringing coolant products (ITC 337 Law Blog)

Pioneer – Pioneer files new 337 complaint regarding certain multimedia display and navigation devices and systems (ITC Law Blog)

Saxon – no review of initial determination granting Saxon’s summary determination motion regarding economic prong of domestic industry requirement; summary determination regarding invalidity and inequitable conduct denied (ITC 337 Law Blog) (ITC 337 Law Blog) (ITC 337 Law Blog)

Tillotson – Federal Circuit to hear oral argument in Tillotson appeal 10 December: Tillotson Corporation v ITC (ITC 337 Law Blog)

TiVo – TiVo playing for big stakes at the CAFC (IAM)

Toshiba – ALJ Luckern grants motion to terminate the investigation with respect to Toshiba in certain light emitting diode chips (337-TA-674) (ITC Law Blog)

Walnut Industries – Matthew Bullock and Walnut industries file new 337 complaint regarding Qingdao Auront Industry & Trade Co’s import of allegedly patent infringing transport container restraint systems (ITC 337 Law Blog)

US Copyright – Lawsuits and strategic steps

Aurora – YOOHOO AND FRIENDS plush toy seller sues TY, maker of BEENIE BOOS for copyright and trade dress infringement regarding dolls that have crossed eyes, big pupils and coloured irises (The Trademark Blog)

US Trade Marks – Decisions

District Court N D California finds nine year delay too long to sustain trade mark infringement suit: ExperExchange, Inc. v. DocuLex, Inc (Seattle Trademark Lawyer)

TTAB summarily cancels PLAID registration under section 2(d): Plaid, Inc (a New York Corporation) v Plaid, Inc (a Connecticut Corporation) (not precedential) (TTABlog)

TTAB tosses WEW specimen out of PTO ring: In re The Wrestling Zone, Inc (not precedential) (TTABlog)

District Court N D Illinois: De minimis sales do not create specific jurisdiction: Guiness World Records Ltd. v. John Doe, d/b/a World Records Academy (Chicago IP Litigation Blog)

US Trade Marks – Lawsuits and strategic steps

Austinuts – Austinuts seeks review of TTAB 2(d) decision in Austin Federal District Court: Austinuts v AQFTM (TTABlog)

Major League Baseball – MLB opposes Don Mattingly logo claiming likelihood of confusion with its ‘Silhouetted Batter Logo’ registered for sporting goods (TTABlog)

Scala’s Original Beef and Sausage Company – A very short license: Trade mark battle over SCALA for giardiniera (Property, intangible) (The Trademark Blog)

Wal-Mart – TTAB’s Loufrani v Wal-Mart ‘Smiley’ case lands in Chicago Federal Court (TTABlog)


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