General Global Week in Review 7 Sept 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:

Doll to step down from USPTO, Robert Stoll nominated as successor (Managing Intellectual Property) (Intellectual Property Watch) (IP Watchdog) (Peter Zura’s 271 Patent Blog) (Patently-O) (Anticipate This!) (patents4life) (IPKat)

Litigation rumours surface over Intellectual Ventures – Picture Frame Innovations, LLC v Eastman Kodak Company et al (Peter Zura’s 271 Patent Blog) (IAM) (IP Watchdog) (The Prior Art)

CAFC reverses TTAB’s Bose fraud ruling, eviscerates Medinol: In re Bose Corporation (TTABlog) (TTABlog) (Intellectual Property Law Blog) (IPKat) (Patently-O) (Las Vegas Trademark Attorney)

Global – General

Nude trade marks, Japan and patent quality IP Think Tank podcast (IP Think Tank)

ACTA 5th negotiation round (Lenz Blog)

Global – Trade Marks / Brands

BP scraps head of trademarks role (IAM)

Global – Patents

Discussion on Microsoft’s Horacio Gutierrez comments on global patent (IAM) (Peter Zura’s 271 Patent Blog) (Lenz Blog)

UN 2009 ‘Promoting Development, Saving the Planet’ envisions modified TRIPS as governments seek progress (Intellectual Property Watch) (Ars Technica)

Covenant not to sue; non-exclusive licence; non-assertion agreement: do the differences matter? (IP finance)

An IP strategist’s economic forecast for 2010: an outsider’s view and how one can outperform the ‘experts’ (IP Asset Maximizer Blog)


Advisory Council on Intellectual Property proposes setting up IP dispute resolution centre to deal with patent disputes (Managing Intellectual Property)


IP infringement and capacity to sue in Brazil (IP tango)

WTO rules in favour of Brazil, allows for cross retaliation against US IP rights (Spicy IP) (Spicy IP)


Anheuser-Busch Co and Labatt Brewing Co sues Brick Brewing Co over label for Red Baron Lime beer (Canadian Trademark Blog)


Exxon Mobil wins 500,000 RMB because of trademark infringement (IP Dragon)

426,000 patent applications filed in China during first half of 2009 (Intellectual Property Law Blog)


ECJ: Common figurative elements may lead to likelihood of confusion despite differing word elements: Aceite del Sur SA v Koipe and OHIM (Class 46)

ECJ reference concerning CTMs and geographical limits on relief: French Republic v DHL Express France (Class 46) (IPKat) (IPKat)

ECJ reference from Tribunale di Milano regarding designs: Vitra Patente AG v High Tech Srl (Class 99)

Community designs – consultation on ‘innocence’ (Class 99)


Supreme Court explains CTM owner cannot lose to right to a mark due to junior national registration in dispute involving Chongqing Loncin Group Co Ltd and Modular Oy (Class 46)

Hong Kong

Harvest of counterfeit Louis Vuitton and Gucci in 15 minutes at Mong Kok Station (IP Dragon)

Hong Kong government wants your views on Copyright Tribunal Rules (IP Dragon)


Fabrics – no design copyright in India: Microfibres v Giridhar & Co (Class 99)

Claim construction II: Exergen Corp v SAAT Systems (Spicy IP)

Mosquito net maker, Vestergaard Frandsen’s English and Indian cases concerning trade secrets (Spicy IP)

IP rights and competition law: friends or foes? (Spicy IP)


Two of Israel’s most prominent rabbis rule that wedding hall owners must pay copyright royalties as required by law (1709 Copyright Blog)

Who should be able to use the job description ‘patent attorney’ in Israel? (The IP Factor)

New? Guidelines re registered designs – Circular M N 74 (The IP Factor)


Door opens for design owners in Italy: Lualdi v Dorica (Class 99)


Korean six-month safe harbor for patents (Patent Baristas)

Korean government proposing to spend USD 400 million on protecting IP (IP finance)

Copyright against censorship: Authors of ‘A Modern and Contemporary History of Korea’ successfully sue publisher for copyright infringement for publishing altered version of the work (1709 Copyright Blog)


Layered Boer’n yogurt in a bucket: a tasty transparent trade mark (Class 46)


Press titles and trade marks (Class 46)

Play fair with sponsors – dispute over sponsor’s logo not being visible during athletic event (Class 46)

South Africa

CIPRO takes steps to tackle fraud (Afro-IP)

ADR on its way – the Brownlee decision (Afro-IP)

Own goal or opening goal? – FIFA IP victories (Afro-IP)


Heineken versus Keineken: trade mark parody in the Alps (Class 46)


Syria recognises unregistered trademarks (The IP Factor)


S26 baby food scare – possibly counterfeits (Afro-IP)

United Kingdom

Article in The Times regarding James Joyce’s heir’s agreement to new budget edition of Ulysses – revived copyright (1709 Copyright Blog)

UK IPO: ‘information session’ on the changes to trade mark fees and services (Class 46)

Criminalising patent infringement proposal by Trevor Baylis (IPKat) (PatLit)

Combined Armed Forces Federation trade mark refused registration due to inclusion of crown (IPKat)

United States
US General

Doll to step down from USPTO, Robert Stoll nominated as successor (Managing Intellectual Property) (Intellectual Property Watch) (IP Watchdog) (Peter Zura’s 271 Patent Blog) (Patently-O) (Anticipate This!) (patents4life) (IPKat)

Michael Punke nominates as WTO Ambassador (Intellectual Property Watch)

Disney acquires Marvel – IP contention ensues (Copyfight) (IP finance)

US Patent Reform

Mike Drummon, Editor-in-Chief of Inventors Digest Magazine, joins innovators for patent reform (IP Watchdog)

US Patents

Litigation rumours surface over Intellectual Ventures – Picture Frame Innovations, LLC v Eastman Kodak Company et al (Peter Zura’s 271 Patent Blog) (IAM) (IP Watchdog) (The Prior Art)

USPTO fees to increase on 15 September (Patentably Defined)

Rethinking the USPTO examiner count system (Patently-O) (Just an Examiner)

The patent process on a tight but realistic budget (IP Watchdog)

Most common preambles (Patently-O)

Summary of local patent rules affecting claim construction practice (part 2 of 5) (Gray on Claims)

Q&A with Dave Foster re section 337 practice at the ITC (ITC 337 Law Blog)

Patent attorney work week (Patently-O)

US Patents – Decisions

District Court E D Virginia: One method feature in apparatus claim destroys validity: Rembrandt Data Technologies, LP v AOL LLC et al (Peter Zura’s 271 Patent Blog)

District Court N D Texas rules that exclusive licensee does not have standing to enforce patents where patent owner retained rights to non-commercial, educational use of the patents: Resonant Sensors Inc v SRU Biosystems, Inc (IP Spotlight)

District Court N D Illinois: Piercing the corporate veil and patent infringement does not meet Twombly/Iqbal pleading: SourceOne Global Partners LLC v KGK Synergize, Inc (Chicago Intellectual Property Law Blog)

US Patents – Lawsuits and strategic steps

Lincoln Electric Company – ITC commences investigation regarding bulk welding wire containers in response to complaint brought by Lincoln against Atlantic China Welding Consumables and others (ITC 337 Law Blog)

O2 – Investigation with respect to LG terminated in dispute over CCFL inverter circuits involving O2 as complainant (ITC 337 Law Blog)

Tessera – ITC issues initial determination finding no violation of s 337 in investigation of Tessera’s complaint against Acer, Nanya and others regarding semiconductor chips (ITC 337 Law Blog)

US Copyright – Decisions

District Court N D Illinois: Request for jurisdictional discovery does not overcome lack of evidence: Poparic v Lincoln Square Video (Chicago Intellectual Property Law Blog)

US Copyright – Lawsuits and strategic steps

Leibovitz, Annie – Italian photographer alleges Leibovitz used his photo in Lavazza Coffee calendar (The Trademark Blog)

US Trademarks

Follow your TTAB cases on TTAB Across the Board (TTABlog)

Why you always bring a claim under § 43(a): Invisible Fence, Inc. v. Fido’s Fences, Inc (Property, intangible)

US Trade Marks – Decisions

CAFC reverses TTAB’s Bose fraud ruling, eviscerates Medinol: In re Bose Corporation (TTABlog) (TTABlog) (Intellectual Property Law Blog) (IPKat) (Patently-O) (Las Vegas Trademark Attorney)

9th Circuit finds in favour of Paris Hilton in her suit against Hallmark Cards for violating her right of publicity and using her THAT’S HOT registered trademark without permission: Hilton v Hallmark Cards (Seattle Trademark Lawyer) (IP Law Observer)

2nd Circuit: Removal of unique production codes constitutes trademark infringement: Zino Davidoff SA v CVS Corp (Intellectual Property Law Blog)

District Court W D Washington: No likelihood of confusion between HELIX trademarks: RealNetworks, Inc v QSA Toolworks LLC (Seattle Trademark Lawyer)

District Court N D Illinois enjoins trade mark use after bench trial: DeVry Inc v International University of Nursing dba Robert Ross International University of Nursing (Chicago Intellectual Property Law Blog)

TTAB precedential no 37: Board grants motion to introduce at trial, discovery deposition of non-party Taiwanese witness: Galaxy Metal Gear, Inc v Direct Access Technology, Inc (TTABlog)

TTAB precedential no 36: MTOWN CLOTHING and MOTOWN confusingly similar for clothing: UMG Recordings, Inc substituted for Universal Music Group v Charles O’Rourke (TTABlog)

TTAB reverses surname refusal of SIGMANN for kitchen fixtures: In re SieMatic Schweiz GmbH (not precedential) (TTABlog)

TTAB says CHROMALOY merely descriptive of surgical implants: In re Warsaw Orthopedic, Inc (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Anheuser-Busch – Anheuser-Busch ‘Fan Cans’ campaign begs the question: Are school colours protected IP? (IP Marketing Blog)

Disney – Luxo sues Disney over use of LUXO JR (The Trademark Blog)



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