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General Global Week in Review 6 September 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:

CAFC: ‘Any person’ has standing to assert false marking claim: Stauffer v. Brooks Brothers, Inc. v. United States (271 Patent Blog) (Patently-O) (Gray on Claims) (IPBiz) (IPBiz) (PatLit)

India: Compulsory licensing of music: An analysis of the Copyright Board decision – Music Broadcast Pvt. Ltd vs. Phonographic Performance Ltd (Spicy IP) (Spicy IP) (Innovationpartners) (Techdirt)

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

5 ways to analyse your product or service IP Strategy (post 4 of 5 on IP Strategic Reviews) (IP Think Tank)

WIPO and CERN Sign Cooperation Agreement (WIPO)

Grasping the intangible… (Business IP and Intangible Asset Blog)

The ascendance of intangible assets…! (Business IP and Intangible Asset Blog)

Information asset protection starts with changing mindsets about information asset value… (Business IP and Intangible Asset Blog)


Global – Trade Marks / Brands

Appellations of origin discussed this week at WIPO (IP Watch)


Global – Patents

The relationship between IP, technology transfer, and development (IP Watch) 

Trade secrets: still useful if properly deployed (IPKat)


Global – Copyright

Negotiators confirm ACTA not really a ‘counterfeiting’ treaty (ArsTechnica)

Plagiarism: do we know what it means, do we know why we need it? (IPKat) (IPKat)



Swakopmund Protocol: history made, but have you got a copy? (Afro-IP) (Afro-IP) (WIPO)

Contralesa on RSA’s Traditional Knowledge Bill (Afro-IP)



Does your patent portfolio need a health check? (Patentology)

More on ‘Whiskas Purple’ trade mark: Mars Australia Pty Ltd (formerly Effem Foods Pty Ltd) v Société des Produits Nestlé SA ( (jiplp)

IP Australia ‘reaches out’ to SMEs (Patentology)

Serving documents electronically – not as simple as it seems (Patentology) (

Copyright owner on song against karaoke lounge: Top Plus Pty Ltd v K Square Pty Ltd (IP Whiteboard)



Brazil Copyright Reform comment period ends with push (IP Watch)



‘Legislative Guidance’ on fair dealing: The plan to reverse CCH? (Michael Geist)

What does ‘educational’ mean? (Excess Copyright)

Commercialization of IP in Canadian Universities: Barely better than break even (Michael Geist)


Chile begins today using 9th version of the Nice sorter for products and services (IP tango)



Government plans to support eligible industrial design enterprises (China Law Blog)

How social media challenge the brandscape for the trademark holders (IP Dragon) (IP Dragon)

Anglo-Chinese memorandum of Understanding on Copyright (IP Dragon)

Mickey, Pokémon and Dooly still banned from Chinese prime time tv (IP Dragon)

Uncreative brand, creative brand in China (IP Dragon)

The shoes are original – it’s just the brands that are fake (IP finance)



ECJ: Reopening of oral proceedings? Not if the Court can help it! Kirin Amgen Inc. v Lietuvos Respublikos valstybinis patentų biuras, Amgen Europe BV (PatLit)

ECJ: No confusion without similarity of marks, as CK appeal fails again: Case C‑254/09 P, Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market; Zafra Marroquineros SL (Class 46)

CIPA, the Belgian Presidency and the European patent litigation debate (PatLit) (IPKat)

Unified Patent Litigation System / Summary of the Opinion of the Advocates-General (EPLAW)

Fake report stuns EU shoppers (IPKat)

Lack of transparency in EU-India FTA talks spurs requests for halt (IP Watch)



The weird case of the ZAHIA trade marks applications (Class 46)



District Court Dusseldorf rules that providing information about intended purpose of device claim is not per se of no interest for determining scope of protection: Magnetischer Drehgeber (Magnetic Rotary Encoder) (EPLAW)

District Court Mannheim rules indirect patent infringement with respect to means which is part of method claim cannot be applied: Handoververfahren (Handover Method) (EPLAW)

Berlin Appeals Court backs ‘Parmesan’ label as purely Italian and upholds case against German Parmesan copycats (Class 46)

Octopus Paul (trade marks) – alive and kicking (Class 46)

Dismissal of dishonest franchisee: protecting a brand and interests in it (Class 46)


Greece – penalty clauses and trade mark agreements (Class 46)



Are communications with Indian patent agents privileged? (PatLit) (Spicy IP)

Compulsory licensing of music: An analysis of the Copyright Board decision – Music Broadcast Pvt. Ltd vs. Phonographic Performance Ltd (Spicy IP) (Spicy IP) (Innovationpartners) (Techdirt)

Tintumon The SMS Hero and it’s trademark issues (Spicy IP)

Patent auction – now in India (Spicy IP)

Bappi Lahiri & bad faith litigation (Spicy IP)

Innovation – it’s all in the mind (Spicy IP)



The moral right of an inventor to be named (IP Factor)

Quelle mark quelled (IP Factor)

‘Free your skin’ – refused as trademark in Israel (IP Factor)

Party like a RockStar – not laudatory and not a slogan, or at least not critically (IP Factor)

Laudatory slogans – I’m Lovin’ It (IP Factor)

See what could be – lacks distinctiveness (IP Factor)

Polo trademark is well-known, but Ralph Loren fined for not attending hearing (IP Factor)



President writes KEI, asks Minister of Economy to respond to ACTA questions (Knowledge Ecology International)



District Court of The Hague: Preliminary injunction denied in Somnomed v. Tandtechnisch Laboratorium V.D. Bijl (EPLAW)



Poland: membership in capital group is not enough (Class 46)

Poland: act carefully when requesting preliminary injunction (Class 46)



Patent Prosecution Highway to Russia – Pilot patent program with USPTO commences (Inovia IP)



Big sums at stake in Serbia (1709 Blog)



New regime for customs registrations of trademarks (Afro-IP)



Trademark Act finally assented to in Uganda (Afro-IP)


United Kingdom

He had a go at Have a Go, but had to go: EWHC (Ch) summary judgment against claims of copyright infringement in case concerning game show formats – Meakin v British Broadcasting Corporation, Paul Smith and Celador Productions (1709 Blog)

New procedure for the Patents County Court? (PatLit)

The Stig can be ‘outed’ – official – BBC loses battle over Ben Collins book (IPKat)

Time for that IP Tsar? (IPKat)


United States

US General

The Innovative Design Protection and Privacy Prevention Act: Will design protection be in vogue in congress? (IP Law Blog)

Changes at USPTO, Sidley’s Geneva Office (IP Watch)

US looking for new tack on IP Rights with BRIC countries (IP Watch)


US Patent Reform

IPO comments on USPTO three-track examination proposal (Patent Docs)

USPTO announces change to interview procedures (Patent Docs)


US Patents

Talking patent quality (Director’s Forum)

USPTO issues updated KSR guidelines on obviousness (271 Patent Blog) (Patently-O) (Patentably Defined)

Count system initiatives to continue through FY2011 (just_n_examiner)

The case against ‘a case against patents’ (IPBiz)

Patent application on deep fried beer? (IPBiz)


US Patents – Decisions

CAFC: ‘Any person’ has standing to assert false marking claim: Stauffer v. Brooks Brothers, Inc. v. United States (271 Patent Blog) (Patently-O) (Gray on Claims) (IPBiz) (IPBiz) (PatLit)

CAFC: Another means-plus-function opinion: General Protecht Group, Inc. v. ITC (Inventive Step) (ITC 337 Update)

CAFC: Successor Corporation held liable for default infringement Judgment against Predecessor: Funai Electric Company v. Daewoo Electronics Corp. (Patently-O)

CAFC affirms ITC finding of no infringement: Pass & Seymour v. ITC (ITC 337 Update)

ITC: ALJ Rogers issues final ID finding no infringement in Bulk Welding Wire Investigation (ITC 337 Update)

District Court Delaware: In false marking cases, when a Judge closes a door, somewhere she opens a window: Brinkmeier v. BIC Corporation et al. (Docket Report)

Failure to plead facts supporting intent to deceive sinks more false marking cases: ILND – Simonian v Global Instruments; DED – Brinkmeier v. BIC (Docket Report)

Should false marking claims be stayed pending in a decision in Stauffer? Depends on the Court: TXND – Patent Compliance Group v North States Industries; GAND – Accord Patents v Gravity Defyer Corp (Docket Report)

Illinois Courts grapple with pleading standard for intent to deceive element of false marking claims: McNamara v Natural Organics; Simonian v Irwin Tool Co; Luka v Revlon (Docket Report)


US Patents – Lawsuits and strategic steps

American GNC – American GNC files new 337 complaint regarding certain Marine Autopilots with GPS or IMU (ITC Law Blog)

Crocs – ALJ Bullock issues notice in certain Foam Footwear (337-TA-567) (ITC Law Blog)

MPH Tech’s – Patent case transferred to District with witnesses and documents: MPH Techs. Oy v. Zyxel Coms. Corp (Chicago IP Litigation Blog)

Thomson Licensing – Thomson files new 337 complaint regarding certain Liquid Crystal Displays (ITC Law Blog) (ITC 337 Update)


US Copyright

Knock-off problem: ‘you’re not going to arrest your way out of this’ – discussion of criminalising counterfeit purchasing (IPBiz)


US Copyright – Decisions

District Court E D Virginia considers the question of whether a US copyright owner could collect for infringements in China: In re Outsidewall Tire Litigation (Copyright Litigation Blog)


US Copyright – Lawsuits and strategic steps

Sony – ‘Cruel Summer’ campaign video removed (Copyrights & Campaigns)


US Trade Marks – Decisions

Brand expectations in the restroom: 4th Circuit applies contributory trademark infringement doctrine to post-purchase confusion case: Georgia Pacific v Von Drehle (IP Osgoode)

District Court C D California: Unclean hands defense requires egregious acts that are related to claim: Pom Wonderful v. Welch Foods, Inc (Seattle Trademark Lawyer)

TTAB affirms failure-to-function refusal of DAP background design (TTABlog)

WYHA? TTAB affirms mere descriptiveness refusal of POLYMERLATEX for chemicals (TTABlog)

TTAB affirms 2(d) refusal of MARSHLAND over MARSHLANDER, finding camouflage fabric and raingear related (TTABlog)

WYHA? TTAB affirms mere descriptiveness refusal of ZEOLITE for dishwashers (TTABlog)

Fraud is very popular: TTAB decision in Galaxy Metal Gear Inc v Direct Access Tech Inc (Property, intangible)

Numb nuts: Copyright licensing cases Orange County Choppers, Inc. v. Olaes Enter., Inc; Olaes Enter., Inc. v. A.D. Sutton & Sons, Inc (Property, intangible)



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