General Global Week in Review 31 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:

USPTO and EPO launch patent classification website (Patent Docs) (IPR Helpdesk)

Fire at WIPO premises forces two-day shutdown (IP Watch) (WIPO)


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

LES 2011 experience (IP Think Tank)

Choose the right training (IP Think Tank)

Fire at WIPO premises forces two-day shutdown (IP Watch) (WIPO)

The IP Hall of Fame – the search for 2012’s inductees begins (IAM)

An update on WIPO’s website and the ‘dodgy scam sites’ (IPKat)

The murky world of the IP assignment (IPKat)

Confrontation analysis and IP dispute resolution (IPKat)

“Should there be a single global institution with exclusive competence to conduct international negotiations on intellectual property rights? If so, should this be WIPO, the WTO or some other body?” (IIPRD)

Art, style, design: A thought-leader (JIPLP)


Global – Copyright

WTO TRIPS Council: US intervention on ACTA (KEI)


Global – Trade Marks / Brands

Truth in wine labeling: survey results released (IPKat)


Global – Patents

Where to seek patent protection: a lesson from The Great One (Foreign Filing Blog)

How to make an invention report template (IPEG)

USPTO and EPO launch patent classification website (Patent Docs) (IPR Helpdesk)

New Developments for the Cooperative Patent Classification Project (Foreign Filing Blog)



APO: Contact lens cleaning method ‘inherently’ anticipated by prior use: Abbott Medical Optics, Inc v Alcon Laboratories, Inc (Patentology)

Trade marks and survey evidence in Australia: Adidas AG v Pacific Brands Footwear Pty Ltd (



Can Canada learn anything from Europe on copyright? (Michael Geist) (IP Osgoode)



Comments on Draft of the Chinese Trademark Law (China Blawg)

New litigation dangers emerge in China (IAM)

Lost profits, the bottom line for IP infringement litigation (China Hearsay)

Criminal liability: the last resort for trademark protection (China Law Insight)

Who should own your China IP? Maybe not you. (China LawBlog)



A to Z of African official IP websites no.19: Ethiopia (Afro-IP)



OHIM’s new mediation service: in force since 24 October 2011 (Class 46)

Child’s-play for CJEU as Spanish pogs pip Pepsi’s: PepsiCo v Grupo Promer Mon Graphic, OHIM (IPKat)

General Court finds overall similarity between SEVEN and SEVEN FOR ALL MANKIND marks: Case T-176/10 (Class 46)

General Court confirmed that Soviet Coat of Arms cannot be registered as a CTM: T – 232/10 (Class 46)

Darjeeling gets its legal protection… in stages (Class 46) (IPKat)

Battle of the cucumbers: PGI for Lea Valley? (IPKat)

The Euro: time for a rebrand? (IPKat)

ACID on SME and micro business design policy (Class 99)



German Pirate Party riding the wave of success (TorrentFreak)

BGH issues judgment on calculation of collecting society tariffs: I ZR 25/10 (1709 Copyright Blog)

DPMA: trade mark filing trends in 2011 (Class 46)

Munich Appellate Court on making vs repair: 6 U 3411/10 and 6 U 3412/10 (Kluwer Patent Blog)

Federal Supreme Court on evaluation of inventive step: Kosmetisches Sonnschutzmittel III (EPLAW)

Federal Supreme Court: Patent can be revoked on the ground of unlawful usurpation independent of the question of patentability: Schweissheizung (EPLAW)

Federal Supreme Courtfinds patent owner who granted royalty-free exclusive license to a third party still has standing to sue for damages: Cinch Stecker (EPLAW)

Bundespatentgericht grants appeal against lack of distinctiveness decision by trademark office: Feierbiest 27 W (pat) 512/11 (Class 46)



Desiboyz in copyright controversy (Spicy IP)

A trademark application gets filed, examined & published within 72 hours at the Chennai Trademarks Registry: Super efficiency OR super corruption? (Spicy IP)

Delhi High Court bars the use of ‘Krishna’ as a trademark to market dairy products (Spicy IP)



Trademark refusal appeals (IP Komodo)

Indonesia trademark decisions (IP Komodo)



Israel Commissioner meets representatives of the professional organizations (The IP Factor)



A fishy patent claim in Malaysia, to which Indonesia objects (IP Komodo)



A meaningful pact – or just a Mexican wave? – MoU between UK IPO and IMPI (IP tango)



ORKIDE… or ORKIDE? Ruby Rough application rejected based on opposition by Orkide Parfüm Ve Kozmetik Sanayi Anonim Şirketi (Afro-IP)



INDECOPI shows the way to support an invention (IP tango)



Philippines IP Office: ‘Our meeting is not fostering corporate greed’ (IP Watch)

WIPO defends involvement in IP enforcement meeting in the Philippines (IP Watch)

New IPR court procedures (IP Komodo)



Supreme Administrative Court: Provisions concerning industrial designs refer to user of the design, and not its distributor or seller: II GSK 838/10 (Class 99)

Voivodeship Administrative Court: Well-known trade mark: VI SA/Wa 617/11 (Class 46)

Voivodeship Administrative Court: platan v. platanus:  VI SA/Wa 875/11 (Class 46)


United Kingdom

Governance for UK collecting societies: your chance to have a say (1709 Copyright Blog)

EWHC (Ch): Trademark infringement through likelihood of confusion?: Samuel Smith Old Brewery v Philip Lee (trading as Cropton Brewery) (IPKat)

Rhythmix – a band without a name (IPKat)

PCC Page 42: Octopus-watching continues: giant squid v small fry .. and the prospect of settlement (PatLit)

Past historic 1: how patents for invention came from Venice to England (IPKat)


United States

US General

Federal Circuit Statistics – FY 2011 (Patently-O)


US Patent Reform

The estoppel disconnect of inter partes review (Patents Post-Grant)

The America Invents Act 2011: US marking requirements and pitfalls (PatLit)

Purchase my eBook: Mark-up and commentary on the Leahy-Smith America Invents Act (Patently-O)

Strategies for the new patent law frontier (Patent Law Practice Center)

AIA overview: Changes in requirements for the inventor’s oath or declaration (Patent Docs)

AIA overview: Supplemental examination (Patent Docs)

AIA overview: Changes to provisions relating to third party submissions of prior art (Patent Docs)

AIA: Post-grant review intended to curb litigation (Maryland Intellectual Property Law Blog)


US Patents

U.S.application backlog falls to five-year low (Patent Docs)

Un-staying litigation despite ongoing patent reexamination (Patents Post-Grant)

CAFC: Patent opinions down, Rule 36 affirmances up (Patently-O)

The aftermath of Stanford v. Roche: Which law of assignments governs? (IP Osgoode)

Patent Pilot Program (Docket Report)

Design Patents (Inventive Step)


US Patents – Decisions

BPAI: Marine Polymer and Section 112 rejections in reexamination: Nissim v Time Warner (WHDA)

ITC issues notice of final determination finding s 337 violation in Certain Ink Cartridges With Printheads (337-TA-723) (ITC 337 Law Blog)

District Court Arizona: Judge Campbell denies prosecution bar in reexamination: NeXedge v. Freescale Semiconductor (WHDA)

District Court W D Wisconsin: No apportionment of lost profits where the entire value of infringing sales derives from the patented invention: Novozymes v Danisco (Docket Report)


US Patents – Lawsuits and strategic steps

Bosch – Bosch files new 337 complaint regarding Certain Wiper Blades (ITC 337 Law Blog)

Compound Photonics – Compound Photonics files new 337 complaint regarding Certain Projectors With Controlled-Angle Retarders (ITC 337 Law Blog)

Department of Energy – Auction block: DOE asserts ownership and tries to stop sale of evergreen ribbon patents (Green Patent Blog)

Essociate – Rule 11 pre-filing investigation need not be conducted by registered patent attorney: Essociate v Blue Whaler Investments (Docket Report)

Litepanels – ALJ Essex denies motion to dismiss in Certain LED Photographic Lighting Devices (337-TA-804) (ITC 337 Law Blog)

Morningware – ND Illinois reconstrues “cooking enclosure”: Morningware v. Hearthware Home Products (Chicago Intellectual Property Law Blog)


US Copyright

US Copyright Office 17 priorities (KEI)

Berne takes a bite out of the US Constitution (IPKat) (IPKat)

Uncle Sam slaps San Francisco radio pirate with $10k fine (Ars Technica)


US Trademarks

TTAB new filings and performance measures for FY 2011 (TTABlog)

The PTO isn’t passing the buck in addressing trademark bullying after all (Seattle Trademark Lawyer)


US Trade Marks – Decisions

TTAB affirms 2(e)(1) deceptively misdescriptive refusal of BLACK FLEECE for fleeceless clothing (TTABlog)

Test your TTAB judge-ability: Is MEGA-SAMPLER merely descriptive of cigars? (TTABlog)

How damaging to your case is a cancelled trademark registration?: Firehouse Restaurant Group, Inc. v. Scurmont LLC (Property, intangible)


US Trade Marks – Lawsuits and strategic steps

Mar Hill Church – Seattle’s Mars Hill Church in second trademark scrape (Seattle Trademark Lawyer)

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