General Global Week in Review 6 July 09 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:

EPO sets deadline for presidential applications; Jesper Kongstad, Benoît Battistelli enter the fray in battle to be next EPO President (Managing Intellectual Property) (IAM) (IAM)

ECJ: Dutch brewer allowed to use Italian BAVARIA trade marks despite ‘Bayerisches Bier’ (Bavarian Beer) PGI: Bavaria NV and Bavaria Italia Srl v Bayerischer Brauerbund eV (IPKat) (Class 46)

Global – General

Doers and communicators first, CIPOs after that (IP Think Tank)

Brazil, ECJ, data exclusivity, communicating IP value and Tweet and retreat IP Think Tank podcast 2 July 2009 (IP Think Tank)

China, USA and Europe news and comparisons IP Think Tank podcast 22 June 2009 (IP Think Tank)

Judge companies on what they do about their IP rights, not what they say (IAM)

IP Business Congress 2009 video interviews (Interview with Todd Dickinson – IAM)

Interviews with Phelps of Microsoft, Peters of Philips and other top CIPOs available (IAM)

Global – Trade Marks / Brands

Standing Committee on Trademarks examines trademark and design law and practice (WIPO)

Trademarks and the company organisational chart (IP finance)

Cheap food, terroir and the blind spot of geographical indications (IP Osgoode)

Global – Patents

Insolvency and patent sales (IP finance)

Start-up entrepreneurs & CEOs: If your goal is investment or acquisition, you are probably patenting the wrong things (IP Asset Maximizer Blog)

Technology transfer by universities (Securing Innovation)

Global – Copyright

The setting up of new copyright societies (WIPO)

Creative commons licensing: Types, enforceability and potential problems (IP Osgoode)


FCFCA upholds test for innovative step: Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd (Mallesons Stephen Jaques)

FCA: Mars claims of trade mark infringement, passing off, and misleading and deceptive conduct all fail in its attack on competitors ‘Malt Balls’ confectionary product: Mars Australia Pty Ltd v Sweet Rewards Pty Ltd (Australian Trade Marks Law Blog)


Court of the Benelux: Brussels bypass for BOIP: Jtekt Corporation v Jacobs Trading and BOIE (IPKat)


The new Customs Regulation and the current practice of Customs Authorities (IP tango)

Vale dos Sinos recognised as a protected geographical indication for finished leather (IP tango)


ACTA update: new meetings, new partners, new issues (Michael Geist)

Copyright Board’s decision in K-12 reprography matter bad news for Canadian educators, librarians, students and taxpayers (Excess Copyright) (Excess Copyright)

Canada’s intervention at WIPO SCCR meeting (Excess Copyright)

Censoring copyright policy criticism in Canada? (Excess Copyright) (Michael Geist)

Hill Times features op-ed by Michael Geist concerning copyright lobby recycling (Michael Geist)

Owner of Glo Salon and Spa sues former employees now working at competitor for $6.4 million in damages over alleged misappropriation of trade secrets in the form of client lists and client colour cards (IP Osgoode)

Federal court issues practice direction aimed at streamlining complex litigation (International Law Office)


Get involved in Chinese IP policy making if you want to make a difference (IAM)

Reducing the risk of IP right leakage (International Law Office)

Growing awareness of trademark rights in China’s Zhejiang province (Hansung)


ECJ: Dutch brewer allowed to use Italian BAVARIA trade marks despite ‘Bayerisches Bier’ (Bavarian Beer) PGI: Bavaria NV and Bavaria Italia Srl v Bayerischer Brauerbund eV (IPKat) (Class 46)

ECJ rules on design rights in works created at the direction of an employer: Fundación Española para la Innovación de la Artesanía (FEIA) v Cul de Sac Espacio Creativo SL, Acierta Product & Position SA (IPKat)

ECJ: The assimilation of marks from Madrid: Zino Davidoff SA v Bundesfinanzdirektion Südost (IPKat)

ECJ dilution ruling in L’Oreal v Bellure splits well-informed blog readership (IPKat)

CFI: CENTER SHOCK confusingly similar with CENTER for chocolate and confectionary: Perfetti Van Melle SpA v OHIM and intervener Cloetta Fazer AB (Class 46)

CFI says no to DR NO due to insufficient evidence that film ‘Dr. No’ had been broadcast in Member States that affords special protection to film titles: Danjaq v OHIM, Mission Products (Class 46)

Jesper Kongstad, Benoît Battistelli enter the fray in battle to be next EPO President (IAM)

EPO sets deadline for presidential applications (Managing Intellectual Property) (IAM)

The IP ecosystem (Innovationpartners)

More work on draft council regulation on the EU community patent (BLOG@IP::JUR)

Mr Bruno van Pottelsberghe calling for European patent revolution with report ‘Lost Property – The European Patent System and Why it Doesn’t Work’ (BLOG@IP::JUR) (PatLit)

File inspection: EU Council still not disclosing ECJ referral for unified patent litigation system (continued) (BLOG@IP::JUR)

CIPA Journal article ‘Not for the Faint Hearted – The New Rules Relating to Filing a Divisional Application at the European Patent Office’ raises interesting issues (IPKat)


Committee established to prepare proposal for centralisation of IPR litigation (Class 46)


Coty ‘perfume tester’ reference to Oberlandesgericht Nürnberg published on Curia site: Coty Prestige Lancaster Group GmbH v Simex Trading AG (Class 46)


Ghana local film industry receives boost – IP laws will be tested (Afro-IP)


Design v copyright – need for a clear and rational distinction – III (Spicy IP)


Recent developments in Korean patent law (Hansung)

Korean recognised as one of PCTs official languages (Hansung)

Patent attorneys may soon handle infringement litigation alongside lawyers – bill pending in the National Assembly (Hansung)

IP Australia now using KIPO for international patent examinations (Hansung)


High Court finds copyright infringement in anti-theft system case: Megnaway Enterprise Sdn Bhd v Soon Lian Hock (Performance Audio & Car Accessories Enterprise) (International Law Office)

New Zealand

Illicit use or fair trading? A lesson for brand owners – Dispute over ILLICIT mark (International Law Office)


How not to create a new name: Lessons from NiGaz (Afro-IP)


Trade mark issues on a geographical name of gmina (Class 46)

South Africa

Independent Communications Authority of SA publishes position paper on whether there is a need to reform laws relating to copyright ownership in commissioned works (Afro-IP)

South African authors seek first public lending right in a developing country (Intellectual Property Watch)

Controversy over FIFA World Cup 2010 trade marks (International Law Office)


Supreme Court says ‘no’ to international exhaustion of trade mark rights (again): cassational appeal 1247/2004 (Class 46)

High Court recognises distinctiveness of Freixenet bottle: Freixenet v Codorniu (International Law Office)


Since 1 July 2008 import of fake trademarked goods into Switzerland is prohibited even if not imported for resale (class 46)

United Kingdom

EWHC Patent Court: Streamlined or not, two days is all that’s needed: Mobiqa Ltd v Trinity Mobile Ltd (PatLit)

IPO again refuses Blacklight’s applications relying on controversial scientific hypothesis of ‘grand unified theory of classical physics’ (IPKat)

Rumours Clifford Chance may downgrade its IP operations (IAM)

UK Mechanical Copyright Protection Society discusses the effect of drop in interest rates on their business (1709 Copyright Blog)

Birmingham considers whether to seek protected geographical status for Balti curry (IPKat)

United States
US General

Federal Research Public Access Act re-introduced in the Senate (Public Knowledge)

Is your settlement agreement durable? Leaving terms open for future agreement: Nutraceuticals v Mucos Pharma (The IP ADR Blog)

US Patents

USPTO launches patent prosecution highway to Finland (Managing Intellectual Property)

Did you know… that all counterclaims asserted in section 337 cases are automatically removed to US District Court (ITC 337 Law Blog)

Recent developments under section 337 of the Tariff Act (International Law Office)

United Inventors Association patent to market mini-series: episode 1 ‘How inventors can avoid scams, traps and raw deals’ (IP Watchdog)

EFF patent bust a slow train coming (The Prior Art)

Cake and eat it too: patents do not prevent research – Bayh-Dole Act (IP Watchdog)

Thomson Reuters publishes ‘Innovation Hot Spots’ (Peter Zura’s 271 Patent Blog)

Prelim: The association between grant rate and pre-filing searches (Patently-O)

Understanding the role of the Board of Patent Appeals: Ex parte rejection rates on appeal (Patently-O)

Dropping claim counts (Patently-O)

Assistant examiners and patent term adjustment (Patently-O)

The flawed nature of the false marking statute (Patently-O)

US Patents – Decisions

Supreme Court denies certiorari in Quanta v Ricoh concerning ‘international patent exhaustion’ (Washington State Patent Law Blog)

District Court N D Illinois: Claim constructions result in invalidity summary judgment: v SiliconeZone USA (Chicago Intellectual Property Law Blog)

District Court E D Texas: Novatek wins summary judgment of noninfringement in patent infringement suit brought by Honeywell Intellectual Property International over LCD flicker reduction technology (The Prior Art)

District Court E D Texas: Attorney does not have to ‘do the PTO’s job for them’ to negate inequitable conduct: Tyco Healthcare Group LP v Applied Medical Resources Corp (Peter Zura’s 271 Patent Blog)

ITC: Initial determination of no violation of s 337 by Phicom, Phiam, Micronics Japan and MJC Electronics in investigation concerning probe card assemblies and DRAM and NAND flash memory devices (ITC 337 Law Blog)

US Patents – Lawsuits and strategic steps

Bilski – USPTO posts selected material on Bilski (Peter Zura’s 271 Patent Blog)

Cognex – Cognex can’t seek early summary judgment in barcode reader dispute with Microscan (Washington State Patent Law Blog)

Crocs – Federal Circuit to hear oral argument in Croc’s appeal July 10: Crocs, Inc v ITC (ITC 337 Law Blog)

US Copyright – Decisions

District Court: Judge permanently bans publication of unauthorised sequel to J D Salinger’s novel ‘Catcher in the Rye’ (The IP Factor)

Copyrighting the ‘aggressively vapid’: appeals court overturns finding of non-infringement of Situation Management Systems’ training materials (IP Directions)


US Copyright – Lawsuits and strategic steps

Timbaland – Finnish demoscener Janne Suni claims Timbaland and Nelly Furtado’s song ‘Do it’ infringes copyright in her earlier song ‘Acidjazzed Evening’ (1709 Copyright Blog)

US Trade Marks – Decisions

Supreme Court grants certiorari in American Needle Inc v National Football League concerning allegations that NFL’s trade mark licence agreement contains Sherman Act violations (IPKat)

CAFC affirms TTAB’s Shinnecock Smoke Shop section 2(a) ruling: In re Shinnecock Smoke Shop (precedential) (TTABlog)

Court of Appeals for the 2nd Circuit: Removal of UPC code on grey goods is actionable: Davidoff v CVS (The Trademark Blog)

District Court W D Washington enjoins beauty school from using competitor’s marks in signs and ads: MBL/Toni&Guy Products LP v Kennard (Seattle Trademark Lawyer)

District Court Nevada clarifies Nevada limitations period for laches presumption: Aristocrat Technologies et al v High Impact Design & Entertainment (Las Vegas Trademark Attorney)

TTAB precedential no 26: TTAB affirms descriptiveness refusal of BATTLECAM for computer game software: In re Petroglyph Games, Inc (TTABlog)

TTAB precedential no 25: VINTAGE TITAN and TITAN confusingly similar for related medical devices: In re Toshiba Medical Systems Corporation (TTABlog)

TTAB denies motion to amend cancellation petition to add new classes because fee did not accompany motion: Fred Beverages v Fred’s Capital Management Company (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Joseph Abboud – Is a name necessarily a mark? – Appeals court instructs District Court to admit extrinsic evidence to interpret trade mark assignment contract: JA Apparel Corp v Abboud (Property, intangible)


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