General Global Week in Review 4 January 2010 from IP Think Tank

Here is IP Think Tank’s weekly selection of top intellectual property news breaking in the blogosphere and internet.

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.

You can separately subscribe to the IP Think Tank Global Week in Review at the Subscribe page:

Highlights this week included:

CAFC: False marking statute applies on a per article basis: Forest Group, Inc v Bon Tool Co (GRAY On Claims) (EPLAW) (Washington State Patent Law Blog)

Global – General

Why no one is reading this post (IP Think Tank)

It’s the silly season but this is ridiculous (IP Think Tank)

Year end wishes for 2010 (ipeg)

Global – Trade Marks / Brands

When moribund brand meets turning a disadvantage into an advantage (IP finance)

Famous Brands – now barely breathing (Property, intangible)

Global – Copyright

Public Domain Day 2010 and beyond (Creative Commons) (1709 Copyright Blog)

The 19th session of the WIPO’s standing committee on copyrights and related rights promises more work on the broadcast treaty (Public Knowledge)


IP exposure in East Africa – call to integrate IP – interest from South Africa, Malawi, Kenya, Ethiopia, Zimbabwe and as far as China (Afro-IP)


Custom seizure and trade marks: Jemella Australia Pty Ltd v Bouobeid; Jemella Australia Pty Ltd v Daizli (ipwars)


Olympic and Paralympic Marks Act amended (Canadian Trademark Blog)

Public domain day 2010: EU demands Canada extends the term of copyright by an additional 20 years to life of author (Michael Geist)

No trade mark expungement although language describing wares outdated: Loro Piana S.P.A. v Canadian Council of Professional Engineers (Canadian Trademark Blog)

Non-use of a trademark – evidence of special circumstances required: Jose Cuervo SA de CV v Bacardi & Company Ltd and the Registrar of Trade-marks (Canadian Trademark Blog)

Federal Court of Appeal dismisses appeal in GLAMOUR trade mark case Advance Magazine Publishers Inc v Farelyco Marketing Inc (Canadian Trademark Blog)


New USTR report on China WTO compliance (IP Watch)

No I don’t believe the Starbuck’s Counsel who said ‘Chinese customers refill cup with coffee from other brands’ (IP Dragon)

Double filing under China’s new patent law (China Blawg)

Hu Jintao’s serious words about innovation and IPR in China ‘Treasure as your life’ (IP Dragon)

Trade mark infringement dispute between Savio Macchine Tessili and Q-Savio Wuxi Textile Machinery (China Blawg)

The State Council solicits opinions for the Regulations on the Customs Protection of IPRs (China Blawg)

Pan-Pearl river delta provinces unify patent administrative law standards (China IP Insights)

Nivea wins trademark infringement lawsuit (China IP Insights)

Shangai patent auction sets new records (China IP Insights)

China see surge in patent application filings in key technology areas (China IP Insights)

Chinese PCT application grows by 20% in 2009 (China IP)

China’s patent examination capability rapidly increased (China IP)

Patent applications create big achievements for enterprises (China IP)

Chinese expert: Chinese should be WIPO working language (China IP)

Animation studios call for copyright protection (China IP)

China closes first Karaoke Bar over copyright infringement (China IP)


Mysteries of outerspace: UK IPO news on Article 234 references to the ECJ: N.V. Airfield, B.V. Canal Digitaal v C.V.B.A. Belgische Vereniging van Auteurs, Componisten en Uitgevers (1709 Copyright Blog)

Post-revision Lugano: an official map for lawyers (PatLit)

EPO helping with the climate change agenda (Innovationpartners)

New EPO Board of Appeal decision on non-patentable subject matter – non-technical subject-matter and problem-solution approach: T 0509/07 (Innovationpartners)


SKODO creates a link with SKODA and not in a nice manner says the Greek Communication Review Board (Class 46)


The ‘3 Idiots’ copyright controversy: Will all end well? (Spicy IP) (Spicy IP) (Spicy IP)

New Commercial Courts Bill to bring about radical reform in the adjudication of big ticket IP disputes (Spicy IP)

Music artistes in tune with Copyright Amendment Bill (Spicy IP)

Indian copyright amendments procure cabinet approval (Spicy IP)

Does there lie an appeal from S. 21 of the Patents Act? (Spicy IP)

Sanctity of Section 21 Patents Act (Spicy IP)

‘Abandoning’ legal fogginess: A proposal for patent clarity – section 21 Patents Act (Spicy IP)

Court gives nod to patent for image on flowers: Speaking Roses International Inc v Controller-General Of Patents and Anr. (Spicy IP)

Taxing ‘royalties’ derived from intellectual property (Spicy IP)


Jerusalem Court issues temporary injunction against copycat Challah cover manufacturers: Karashi International LTD., vs. Gift Center 2006 LTD., Ezer Deker, Ami decorative Products LTD. and Shlomi Nahisi (IP Factor)

FILTRON trademark for filters rejected as confusing to public based on earlier FILTRAN marks also for filters (IP Factor)


District Court The Hague finds Abbot’s stents do not infringe Medinol’s patent (EPLAW)


Court donates 200 fakes to an NGO (Class 46)


Federal Administrative Court: SNOWSPORT cannot be registered for tyres – suitable for driving on snow (Class 46)

United Kingdom

Copyright in a patent specification?: Catnic Components Ltd & Anor v Hill and Smith Ltd (Spicy IP)

United States
US Patents

BPAI rules for ex parte appeals: Request for comment and notice of roundtable (Patently-O)

Bilski and Warsaw share insights (AwakenIP)

US Patents – Decisions

CAFC: False marking statute applies on a per article basis: Forest Group, Inc v Bon Tool Co (GRAY On Claims) (EPLAW) (Washington State Patent Law Blog)

You say tomato… I say Tah-mah-to… Hewlett-Packard Company v Acceleron LLC – Federal Circuit says ‘declaratory judgment jurisdiction’ even if patent holder’s notice avoids phrases like ‘infringement’ and ‘assertion’ (Patents4Life)

Except as provided elsewhere, or trumped, I’ll own all the IP – Delaware Chancery Court reminds of risks of wholesale incorporation by reference between separate IP agreements and judicial misreading of patent law: Cepahlon v Johns Hopkins (ISinIP)

District Court Massachusetts: Patent law trumps federal rules of evidence as to admissibility of expert testimony: Newriver, Inc., v Newkirk Products, Inc (Docket Report)

District Court Delaware: Failure to allege time period of infringement warrants dismissal of infringement claim: Quantum Loyalty Systems Inc. et al. v TPG Rewards Inc (Patent Infringement Blog)

District Court Minnesota requires defendant to pay fees for supplemental Markman briefing: Northbrook Digital, LLC v. Vendio Servs., Inc (GRAY on Claims)

ITC issues final determination of no section 337 violation in matter based on complaint of Tessera concerning importation and sale of semiconductor chips (ITC 337 Law Blog)

ITC issues public version of opinion finding section 337 violation in certain laser imageable lithographic printing plates investigation commenced in response to complaint by Presstek (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Lincoln Electric Company – ALJ Rogers denies motion to preclude respondents from relying on prior art in certain bulk welding wire containers (ITC 337 Law Blog)

Samsung – ITC institutes investigation of import and sale of certain LCD display devices by Sharp that allegedly infringe Samsung patents (ITC 337 Law Blog)

Walnut Industries – ITC institutes investigation regarding certain restraining systems for transport containers against Quingdao Auront Industry & Trade Co (ITC 337 Law Blog)

US Copyright

Obama Administration: mandated exemptions can strengthen copyright – support for WIPO draft treaty (Ars Technica)

US Copyright – Decisions

District Court N D Texas: Damageless music infringement: EsNtion Records, Inc v TritonTM, Inc (Rebecca Tushnet’s 43(B)log)

District Court N D Illinois: Unjust enrichment claim based upon non-US acts not pre-empted by Copyright Act: Zimnicki v. Neo-Neon Int’l, Ltd. (Chicago IP Litigation Blog)

US Copyright – Lawsuits and strategic steps

Hudgens, Vanessa – Hudgens claims copyright in décolletée images of herself (IP Factor)

US Trademarks

Larry Friedman on the role of Customs in brand protection (Seattle Trademark Lawyer)

US Trade Marks – Decisions

TTAB precedential no 48: Rejecting asserted ‘newly discovered evidence’, TTAB refuses to set aside judgment: Pramil S.R.L. v Michel Farah (TTABlog)

TTAB precedential no. 49: TTAB affirms surname refusal of BINION; renown of Binion Family does not equal acquired distinctiveness: In re Jack B Binion (TTABlog) (Las Vegas Trademark Attorney)

TTAB precedential no 50: TTAB strikes opposer’s documents produced during testimony period: Panda Travel, Inc v Resort Option Enterprises, Inc (TTABlog)

TTAB sustains opposition after applicant files voluntary abandonment of application without consent: The Baseball Club of Seattle, Inc v Components by John McCoy, Inc (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Creative Arts By Calloway – CAB CALLOWAY TTAB ruling goes to Southern District of New York for 1071(b) review: Christopher Brooks v Creative Arts By Calloway LLC (precedential) (TTABlog)

Detroit Tigers – Tigers oppose BUILD A TIGER for stuffed toys and related store services (TTABlog)

Major League Baseball – MLB poised to oppose MAJOR LEAGUE WOODWORKING logo (TTABlog)

Oakland Athletics Baseball Company – Oakland A’s oppose University of Alabama’s circled A logo (TTABlog)

Stephens Media – Owner of Las Vegas Review Journal sues companies over THE BEST OF LAS VEGAS (Las Vegas Trademark Attorney)


%d bloggers like this: