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General Global Week in Review 7 Dec 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:

EU member states sign agreement in principle on establishing single EU patent (Managing IP) (IAM) ( (IPKat)

Global – General

IP valuation – keep it simple, focus instead on creating value (IP Think Tank)

WTO ends ministerial with no agreements and modest treatment of IP (IP Watch)

Multilateral trading system under scrutiny (IP Watch) (IP Watch) (IP Watch)

ABA Journal Blawg 100 law blogs (Securing Innovation) (Patently-O)

Fifth Global Congress on Combating Counterfeiting and Piracy, Cancun (IPKat) (IP Watch)

Global – Trade Marks / Brands

OHIM and WIPO to cooperate on classification (Managing IP)

Global – Patents

New classification scheme for clean energy patents to facilitate technology transfer (IP Watch)

Patent brokers and their headaches (IPEG)


ARIPO Conference insight (Afro-IP)


FCA: Patent valid, but not infringed: Bitech Engineering v Garth Living Pty Ltd (ipwars) (IP Whiteboard)

Virgin Enterprises opposes application lodged by subsidiary Virgin Blue concerning ‘V Australia’ trade mark (IP Whiteboard)

No more struggling artists? – Resale royalty rights (IP Whiteboard)


Brazilian government tailors a bill on trade sanctions (IP tango)


The curious case of the actor’s performance (part two) (IP Osgoode)

Private Member’s bill on copyright coming? (Michael Geist)

Copyright Board’s legal history making (Jeremy de Beer)


China’s stunning lack of brands (China Law Blog)

How much does a copyright holder get when his content is broadcast in China? (IP Dragon)

Trademark registration in China (China Law Blog)

Another ridiculous IPR protection awareness event (China Hearsay)


Colombia’s Senate approves accession to Madrid Protocol in second reading (Managing IP)


EU member states sign agreement in principle on establishing single EU patent (Managing IP) (IAM) ( (IPKat)

Lisbon treaty updates EU; new commissioners named (IP Watch)

Hague Agreement: you win some, you lose some – Germany ratifies Geneva Act; Switzerland denounces London Act and additional Act of Monaco (Class 99)

More information on mystery Canon case which reference to ECJ declared ‘manifestly inadmissible’: Canon Kabushiki Kaisha v IPN Bulgaria OOD (IPKat)

CFI: Genuine use of the earlier mark: COLORIS of 2003 v COLORIS of 1998 (Class 46)

VOLVO dissolves SOLVA: Volvo Trademark v OHIM (Class 46)

IPKAT v IPAT: your chance to advise! (IPKat)

New draft EPO Guidelines for Examination (IPKat) (Innovationpartners)

Now mustard (Moutarde de Bourgogne) and chestnuts (Marroni del Monfenera) secure PGI protection (Class 46)


BGH: Misleading use of the symbol ® – the ‘Thermoroll’ case (IPKat)

Passing off in Germany: to trade or not to trade? – Bundesgerichtshof gives guidance on indirect confusion, manufacturer’s brands and private labels: Garlic Sausage (Class 99)


Amendment of patent claims under section 58 (Spicy IP)

India: Challenging pre-grant orders through writs: Whither ‘alternative remedies’? (Spicy IP) (Spicy IP)


Versace 83 LTD. v Gianni Versace SPA – the saga continues (IP Factor)

Israel Magistrate Court throws out family disagreement, ruling IP related issues take it out of his jurisdiction (IP Factor)

The boundaries of patentability: conference at Israel Yaffa Conference Centre (IP Factor)


Tribunale di Milano on little black horse in shield on red background; upholds Ferrari’s infringement claim (Class 46)

Alfa forced to drop Milano naming and branding after worker protests (The Product Naming Blog)

Is IP good for industrial clusters? –discussion of Economist article ‘Sinking Together: Italy’s Business Clusters’ (IP finance)


Hybrid patent system (Korea IP Law Blog)


Patent protection in Montenegro (IPKat)

New Zealand

New Zealand politicians speak out on ACTA (Michael Geist)


Toys that play without a trade mark – INDECOPI campaign checking marks and labelling of toys (IP tango)


Bad faith in trade mark applications (Class 46)

San Marino

EPO extending coverage to San Marino (EPO)


Court of Appeals, Barcelona cancels a Spanish trade mark for D10R (Class 46)


Sudan picks date for its Madrid moment (Afro-IP)


Federal Administrative Court rules on whether protection conferred by PDO extends beyond registered verbal element to description of the product (Class 46)

Not discriminating against MINARETT trade marks (Class 46)

United Kingdom

EWHC (Pat): Inventive step: another nuance: Teva UK Ltd v Merck & Co Inc (PatLit) (IPKat)

EWHC (Pat): Sun shines in court in case concerning parallel trade in Sun computers and workstations: Sun Microsystems Inc v M-Tech Data Ltd and another (IPKat)

Manchester Manifesto misleads on patents (IPKat) (IAM)

Copywatch offers reward for employees who blow the whistle on unlawful copying (IPKat) (1709 Copyright Blog)

United States
US General

Senator Bayh responds on ACTA (EFF)

USTR Ambassador Kirk: People would be ‘walking away from the table’ if the ACTA text is made public (KEI)

US tightening grip on counterfeiters – PRO IP Act First Annual Report 2008-2009 (Innovationpartners)

Congress hearing on trade preferences tells how pressure works (IP Watch)

US General – Decisions

Washington Supreme Court affirms $8million default judgement as discovery sanction: Magaña v. Hyundai Motor America (Seattle Trademark Lawyer)

Cal App 4th guidance on pre-discovery trade secret disclosures: Perlan Therapeutics, Inc. v. Superior Court (NexBio, Inc.) (IP Law Blog) (IP Law Blog)

US Patents

David Kappos and the impact of KSR – a unique opportunity for our profession (Patently-O)

Patent litigation insurance: good for the defendant, better for the insurer (PatLit)

ED Patent filings update/another Federal Circuit venue opinion (

Google creates its own dictionary – will it be used by patent practitioners? (GRAY on Claims)

US Patents – Decisions

CAFC: Blocking attorneys from simultaneously litigating and prosecuting patents: In re Deutsche Bank Trust (Patently-O)

CAFC: Muscle ad in magazine invalidates patent: Iovate Health Science Inc v Bio-Engineered Supplements & Nutrition Inc (IPKat) (IP Directions)

CAFC: If patent troll sends the letter, then a case-or-controversy ‘implicitly’ is asserted: HP v Acceleron (ISinIP)

District Court S D Florida denies summary judgment where defendant relied on prior art already considered by examiner and failed to submit expert report: Woods v DeAngelo Marine Exhaust, Inc (Gray On Claims)

US Patents – Lawsuits and strategic steps

B&R Plastics – ITC institutes investigation (337-TA-693) following complaint by B&R that importation and sale of certain foldable stools infringe design patent (ITC Law Blog)

Kawasaki – Kawasaki appeals order denying motion to set aside stipulated dismissal and enforce terms of settlement agreement: Kawasaki Hvy Indus v. Bombardier Rec (PATracer)

Magotteaux – ITC issues an opinion on remedy, the public interest, and bonding in certain composite wear components (337-TA-644) (ITC Law Blog)

Minemyer – N D Illinois delays trial for one year to allow incarcerated plaintiff to attend: Minemyer v. B-Roc Reps., Inc (Chicago IP Litigation Blog)

Rothschild, Prof Gertrude Neumark – More settlements in and out of court for litigious LED professor (Green Patent Blog)

SP Techs – N D Illinois: Inventor not allowed to intervene in patent dispute: SP Techs v Garmin Int’l (Chicago Intellectual Property Law Blog)

US Copyright – Lawsuits and strategic steps

Warner Music – Warner Music and Sony drop XM radio suit (IPKat)

US Trademarks

Joe Dreitler expounds on ‘The Dangers Posed by Bose’ but CAFC Chief Judge Michel sees no problem (TTABlog)

US Trade Marks – Decisions

TTAB precedential no 47: TARR printouts of pleaded registrations acceptable at trial: Research In Motion Limited v NBOR Corporation (TTABlog)

TTAB affirms 2(d) refusal of AUGUSTINER for beer in view of identical mark for same goods: In re Augustiner-Brau Wagner KG (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Boston Red Sox – Boston Red Sox opposed stylised SA mark for clothing: Boston Red Sox Baseball Club Limited Partnership v Visual Impact Products, LLC (TTABlog)

Burgett – The SOHMER piano trade mark war – a new battle front opens in Illinois District Court (Las Vegas Trademark Attorney)

International Merchandising Corporation – ESCAPE FROM ALCATRAZ Triathalon v ALCATRAZ Triathalon (The Trademark Blog)

Lorilland Tobacco Co – N D Illinois allows one reference to defendant’s religion to avoid jury bias: Lorilland Tobacco Co. v. Elston Self Service Wholesale Grocs (Chicago IP Litigation Blog)

New York Yankees – NY Yankees oppose BASEBALLS EVIL EMPIRE for clothing: New York Yankees Partnership v Evil Empires, Inc (TTABlog)

New York Yankees – NY Yankees oppose THE HOUSE THAT JUICE BUILT; applicants assert parody defense: New York Yankee Partnership v. Steven Lore and Jet Products and Services, Inc (TTABlog)

Sterling Mets – NY Mets defend YOU GOTTA BELIEVE! slogan against cold cuts and Tug McGraw: Sterling Mets, LP v Hansel ‘N Gretel Brand, Inc; Sterling Mets, LP v The Tug McGraw Foundation (TTABlog)



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