General Global Week in Review 4 October 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:

New president for OHIM (Class 46) (Class 99)

Council of Ministers of Education, Canada seek leave to appeal decision involving fair dealing in education (Michael Geist) (Excess Copyright)

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

Trademarking copyright, villians and the Stig – IP Think Tank podcast 2 September 2010 (IP Think Tank)

The (IP) learning organization (IP Think Tank)

Don’t forget a regular review of, well, everything important (IP Think Tank)

The 25 most influential people in IP (IPBiz)

Ambassadors meet outside WTO to discuss TRIPS negotiations (IP Watch)

WIPO assembly considers paths for possible new treaties (IP Watch)

WIPO launches new database to profile IP case studies- IP Advantage (WIPO) (IPKat) (Patentology)

High level endorsement for WIPO’s reform agenda (WIPO)

The disconnect between IP business value and IP legal services and how business leaders can do a better job choosing their IP counsel (IP Asset Maximizer Blog)

Global – Trade Marks / Brands

Likelihood of success in percentage terms; what does it really mean? (IPKat)

Global – Patents

Freedom to operate just got a whole lot easier (IP Think Tank)

Echoes of global patent wars at WIPO annual general assembly (IP Watch)

How to keep patent costs down and to get better patents (Inventive Step)

Global – Copyright

Civil society fights for participation as ACTA counter to WIPO rises (IP Watch) (Michael Geist)

ACTA negotiators still aiming for agreement by year’s end (IP Watch)

Deal or no deal? Japan ACTA Round ends with near agreement (Michael Geist)

Copyright lessons from American Football (1709 Blog)


Confiscating confusion (Afro-IP)


Divisional decision defies deductive determination: Memcor Australia Pty Ltd v GE BetzDearborn Canada Company (Patentology)

Anti-counterfeiting Down Under (ipwars)

Australia’s new personal property securities regime affects IP from next May (IP finance)

How the Saints and the Pies line up… on the Trade Marks Register (IP Whiteboard)

Restored patents and licences to exploit (ipwars)

Victorian Government to support uptake of small technologies (Patentology)


Access Copyright responds to tariff objections (Michael Geist)

Saskatchewan Court holds copyright and trademarks not eligible for seizure from debtors: Wira v. Jubilee Enterprises Ltd. (IP Osgoode)

Is there a s.73 duty of candour and is deemed abandonment a ground for alleging patent invalidity? (IP Osgoode)

Access Copyright strikes back re status of 99 of 101 objectors (Excess Copyright)

Council of Ministers of Education, Canada seek leave to appeal decision involving fair dealing in education (Michael Geist) (Excess Copyright)


6 central authorities announce IPR pledging policies to support SMEs to finance themselves (China Law Blog)

Draft amendments to the Patent Agency Regulations under public consultation (China Law Blog)


Are we there yet? FTA between Colombia/Peru and the EU (IP tango)


Franchising in Egypt: a tale of tactics (Afro-IP)


EPO – further amendments proposed to the Implementing Regulations to the EPC (EPLAW)

EPO Enlarged Board of Appeal decides on pendency of European patent applications: G 1/09 – Pending application/SONY (EPLAW) (IPKat)

New president for OHIM (Class 46) (Class 99)

EU Judges optimistic about European Patent Court (ipeg)

Clean energy technology patents on the rise, according to major new study (IAM)

Time for a Tsar? (jiplp) (IPKat)

General Court: your lines are pretty, not distinctive: Rosenruist v OHIM (Representation of two curves on a pocket) (Class 46)

Brand licensing: Kat on the prowl finds … cats (IPKat)

A kick in the gulyás? Hungary, Benelux stewed by Europe’s finest – ‘genuine use’ of a CTM (IPKat) (IPKat)

Can anything be more ground-breaking, earth-shattering and paradigm-shifting? EU Parliament adopts Resolution (2009/21789INI) on enforcement of IP rights in internal market (IPKat)


A shampoo with a bubble: champagne? (Class 46)

Adam Opel ruling, Golden Balls opposition now reported (Class 46)

Constitutional Court copyright decision on whether private copies compensation system extends to computer printers (Lenz Blog)


Anti-Piracy coordination cell to be launched by FICCI (Spicy IP)

IPO opens access to Indian TM database (Spicy IP)

Guest post on suit involving Daler Mehndi’s trademark (Spicy IP)

The role of the Examiner and the Controller in the Patent Office; pages from history (Spicy IP)

Draft amendments to Trade Mark Rules (Spicy IP)

Is it lawful for Examiners to grant patents under the Patents Act, 1970? (Spicy IP)

From a ‘bark’ to a ‘bite’: The potency of Section 8 (Spicy IP)

Oops, the Delhi HC did it again: Claim that they have no jurisdiction to hear Archie (Spicy IP)


Intellectual Ventures opens its first European office in Dublin (IAM)


Jury rules that Camtek infringes August’s technology (IP Factor)

Proposed amendment to Israel Patent Law made public (IP Factor)


Mexican government answers KEI’s concerns about ACTA (Knowledge Ecology International)


Dutch VPRO television programme Goudzoekers digs into fake trade mark bags (Class 46)


The differences between trade mark invalidation and the cancellation of the decision (Class 46)


Rospatent to carry out search and preliminary examination for international applications (Maier & Maier)

Russian bank hits competitor with registered cabbage (IPKat)


‘Nice’ news from Serbia (Class 46) (IPKat)


Slovenia in focus (Class 99)


Damages and trade mark infringement actions: when (and how) to start shooting (Class 46)


New Ugandan Trademark Act published! (Afro-IP)

United Kingdom

IP litigation cases up over 30% in England last year (IAM)

British inventiveness: fact or myth? (IPKat)

UKIPO: Tribunal Practice Notice (4/2010) (Class 46)

Golf and IP… all roads lead to Newport – Golf IP articles on UK IPO site (Class 46) (IPKat)

United States

US Patent Reform

Reducing pendency through worksharing and acceleration programs (Director’s Forum)

US Patents

Patent term adjustments – Accounting for rejections withdrawn after appeal-brief filings (Patently-O)

Examination guidelines update: Obviousness examples from Federal Circuit cases (Patent Baristas)

Patent dispute resolution: three current articles (PatLit)

Les Patents Conference, Chicago – Low key the rule for next ICAP-OT auction as Walker patent questions remain unanswered (IAM)

Compulsory licensing of patents under United States Energy Storage Competitiveness Act of 2007 (Knowledge Ecology International)

Federal Circuit decisions address false marking statute in Solo Cup and Brooks Brothers cases (Filewrapper)

KSR, patent obviousness and USPTO practice (ipeg)

Who stole IP rights in a pencil eraser? Not Faber-Castell (IPKat)

US Patents – Decisions

Check the corporate records – every time: CAFC decision in Tri-Star Elecs. Int’l, Inc. v. Preci-Dip Durtal SA (Property, intangible)

Written description, claim scope, and showing possession of hidden embodiments: CAFC decision in Laryngeal Mask Co. v. Ambu AS (Patently-O)

CAFC: Preamble held not limiting because body of claim sets forth complete invention: American Medical Systems v Biolitec (Filewrapper)

District Court E D Michigan: General allegations of deceptive intent fail to state a claim for false marking: Josephs v. Federal-Mogul Corp (Docket Report)

District Court N D Ohio: Plaintiff’s choice of forum for false marking claims given little weight where Plaintiff was formed specifically to pursue litigation: Unique Product Solutions, Ltd. v. Otis Products, Inc (Docket Report)

ITC issues final determination of no violation in Certain Bulk Welding Wire Containers (337-TA-686) (ITC Law Blog) (ITC 337 Update)

US Patents – Lawsuits and strategic steps

Altair – LED litigation goes tubular: Altair targets Led-O light tubes (Green Patent Blog)

American GNC – ITC institutes investigation (337-TA-738) regarding Certain Components for Installation of Marine Autopilots with GPS or IMU (ITC Law Blog)

US Trade Marks – Decisions

9th Circuit reiterates: You can’t transfer what you don’t own: Airs Fragrance Prods., Inc. v. Clover Gifts, Inc (Seattle Trademark Lawyer)

District Court N D California: Though geographically descriptive, claim mark was suggestive not groundless: Sand Hill Advisors, LLC v. Sand Hill Advisors, LLC (Seattle Trademark Lawyer)

Due diligence matters: E D Washington decision in Pacific Coast Trailers, LLC v. Cozad Trailer Sales, LLC (Property, intangible)

TTAB precedential No. 37: TTAB says filing of summary judgment motion does not automatically suspend proceeding (TTABlog)

TTAB precedential No. 38: COACH loses triple-header: 2(d), 2(e)(1), and dilution (TTABlog)

Test your TTAB judge-ability: Are CRUSSH for restaurant services and CRUSH for beverages confusingly similar? (TTABlog)

TTAB finds ESCAPE confusingly similar to THE GREAT ESCAPE for Golf Clubs (TTABlog)

Test your TTAB judge-ability: Are these two CEMENTO & Design marks confusingly similar for clothing? (TTABlog)

Emphasizing rareness of the surname, TTAB reverses section 2(e)(4) refusal of BOVIS FOODS (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Icon Burger Development Company – Juicy trademark dispute over SMASHBURGER (Las Vegas Trademark Attorney)

International House of Pancakes – Trademark infringement: Pancakes v. Prayer (Trademark Blog of the Trademark Lawyer’s Mind)

Naked Cowboy – Naked buskers battle it out for exclusive rights in Times Square (IP Whiteboard)

Oppedahl, Carl – Trademark rights for sound recordings – USPTO issues trademark registration for ‘sensory mark’ 16 second musical introduction (Patently-O)

Uwajimaya- Is ‘Waji’ confusingly similar to ‘Uwajimaya’? (Property, intangible)

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