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General Global Week in Review 8 February 2010 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 suspends decision on new president (IP Watch) (IP Watch) (IAM) (Innovation Partners) (Managing IP)

CAFC: Firm disqualified from representing party on appeal where partner served as opponent’s expert at trial: Outside the Box Innovations, LLC v. Travel Caddy, Inc (not precedential) (Gray On Claims) (PATracer) (Patently-O)

Federal Court of Australia on copyright infringement of a musical work – ‘Down Under’ did infringe Kookaburra: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (1709 Copyright Blog) (IP Whiteboard)

Global – General

The 2010 inductees into the IP Hall of Fame are revealed (IAM)

What really happened at the ACTA talks in Mexico (Michael Geist)

US, EU defend ACTA secrecy, UK supports transparency (Michael Geist)

So how much do questions about IP assignments really matter? (IP finance)

Global – Trade Marks / Brands

Safe your logo: Make dragons more vital (IP Dragon)

Global – Patents

Jury trials for patents: where in the world? (PatLit)

Do more equal societies produce more patents? Some very preliminary data (IPKat) (IPKat)

Open licensing: the word according to DPat (IPKat)

Patent trolls are the good guys… seriously! (Innovation Partners)

PatentSim study revisited: Patent expertise equalises innovation in patent and non-patent systems (Patent Docs)

Using the PCT – that’s more expensive, isn’t it? (inovia’s Foreign Filing Blog)

Global – Copyright

Copyright as a tool for censorship? (IP Osgoode)


Australia says ACTA talks could go into 2011 (Michael Geist)

Enforcement of plant breeders’ rights in Australia (

FCA on copyright infringement of a musical work – ‘Down Under’ did infringe Kookaburra: Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Limited (1709 Copyright Blog) (IP Whiteboard)


The ONEL case – more rumours (Class 46)

ONEL case – Genuine use in one member state: the Hungarian Patent Office speaks out (Class 46)


Legal deposit of musical works becomes mandatory in Brazil (IP Tango)


Hints of discord in Canada – EU talks (Michael Geist)

Copyright reform commitment coming in speech from the throne? (Michael Geist)

Proposed practice notices: Professional designations and abbreviations, acronyms and initials: College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia v. Council of Nature Medicine College of Canada (Canadian Trademark Blog)


The China IP litigation resource? And it’s free (IP Think Tank)

No IP enforcement in China. That cannot be true (China Law Blog)

Patent applications increase 18% (China Blawg)

Karaoke royalties hit 170 million yuan in 3 years (China IP Magazine)

Combating counterfeiting in China – International branded drinks targeted by counterfeiters (China Blawg)

IPR Jurisdiction: Third Civil Division of Haining Municipal People’s Court specialises in copyright and trademark disputes (IP Dragon)

eSolar and Penglai Electric Co. enter into master licensing agreement for solar thermal power in China (Green Patent Blog)


Egyptian licence draft open for discussion (Creative Commons)


Du Pareil au même fails to ensure trade mark protection against Zara France (Class 46)


French MEP demands ACTA transparency (Michael Geist)

General Court: ENERCON confusingly similar to TRANSFORMERS ENERGON (Class 46)

Changes in the Implementing Rules of the European Patent Convention (Patent Baristas)

EPO suspends decision on new president (IP Watch) (IP Watch) (IAM) (Innovation Partners) (Managing IP)

How to elect a new EPO president – some suggestions (IPKat)

New EU Council resolution in the making: ‘Enhancing the enforcement of Intellectual Property rights in the internal market’ (BLOG@IP::JUR)


German perspective on ACTA (Michael Geist)


Compulsory licensing and civil jurisdiction in India: Music Choice India Pvt. Ltd v Phonographic Performance Limited (1709 Copyright Blog)

Indian ‘Bayh Dole’ problems: some resources (Spicy IP)

Patent scoreboard: January 2010 (Patent Circle)

Bombay High Court declines to hear interim compulsory licensing applications; shows the Appellant the way to the Copyright Board: Music Choice India Pvt Ltd v Phonographic Performance Ltd (Spicy IP)

Payyanur Ring geographical indication: religious sentiment no bar to registration: Payyannur Pavithra Ring, Artisans & Devp versus K Balakrishnan (Spicy IP)


Israel to be downgraded in the US Special 301 Watch list (IP Factor)

Israel Patent Office to allow no more than two independent claims of each type (IP Factor)


G-Star successful in Italy as Milan Court upholds protection for ‘Elwood’ and ‘Limit Regular’ jeans (Class 46)


IP developments in Jordan and Egypt (IP Factor)


Blogging ACTA across the globe: Lessons from Korea (Electronic Frontier Foundation)


Nigerian piracy case moves forward – ‘King of Pirates’ arraigned before Federal High Court (Afro IP)


Poland: information on licensing for Euro 2012 trade marks (Class 46)


New source of full text Russian patents (RelatIP)

South Africa

Cold water on hot air claims – trade mark rights in ‘vuvuzela’? (Afro-IP)


New Swiss Federal Patent Court expected to start operations in 2011 (EPLAW)


Update on Uganda’s current Anti Counterfeit Good Bill, 2009 (Afro-IP)

United Kingdom

EWCA finds infringement of Virgin Atlantic’s patent for specific design of aircraft seats: Virgin Atlantic v. Premium Aircraft (EPLAW)

United States
US General

Team Conan leaving jokes behind (IP Osgoode)

US Patent Reform

Patent Reform legislation update (Inventive Step)

US Patents

First-to-file vs first-to-invent: Why is there a Dispute? (Canada Patent Blog)

USPTO offers procedure to obtain PTA recalculation for free (Daily Dose of IP)

Third-Party oppositions to PTA calculations and for free? (Patently-O)

USPTO Director talks up green patent initiatives (Green Patent Blog)

Misconceptions of provisional patent applications (OC Patent Lawyer)

Commerce Secretary Locke announces new members of Patent Public Advisory Committee (Patent Docs) (Patents4Life)

US Patents – Decisions

CAFC: Firm disqualified from representing party on appeal where partner served as opponent’s expert at trial: Outside the Box Innovations, LLC v. Travel Caddy, Inc (not precedential) (Gray On Claims) (PATracer) (Patently-O)

CAFC: Egyptian Goddess clogs up the CAFC: International Seaway Trading Corp. v. Walgreens Corp. (Class 99)

District Court Delaware: Grant of preliminary injunction does not establish objective recklessness for wilfulness: Cordis Corporation v. Boston Scientific (Docket Report)(271 Patent Blog)

District Court N D Illinois: Allegation that plaintiff ‘buried’ prior art in IDS is sufficient to state of claim for inequitable conduct: CIVIX-DDI LLC v National Association of Realtors et al (Docket Report)

District Court Massachusetts: Attorney delinquence excuses 7 year delay in reviving expired patent: SprinGuard Technology Group Inc. v USPTO (271 Patent Blog)

District Court Wyoming: Filing a patent on behalf of a non-cooperating inventor: Yale Preston v. Marathon Oil (Patently-O)

US Patents – Lawsuits and strategic steps

B-K Lighting – B-K appeals from order declaring case exceptional under § 285 and awarding attorneys’ fees: B-K Lighting v. Fresno Valves (PATracer)

Cummins – Cummins appeals from summary judgment finding declaratory judgment action for patent invalidity, misuse and contract termination barred under doctrine of claim preclusion: Cummins v TAS Distribution (PATracer)

Sharp Corporation – ITC institutes investigation (337-TA-702) against Samsung regarding certain liquid crystal display modules (ITC blog) (ITC Blog)

US Copyright

Will your big-screen Super Bowl party violate copyright law? (Ars Technica)

USTR: ACTA fears based on misconceptions (Michael Geist)

US Copyright – Decisions

District Court S D New York: Plaintiff gets over aquiescence hump: Orrin Lynn Tolliver, Jr v James Louis McCants (Trademark Blog)

First Circuit: Visual Artists Rights Act: Artist moral rights in unfinished sculptural works: Massachusetts Museum of Contemporary Art Foundation v. Buchel (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Walsh, Joe – Paterno on Paternity – which Walsh?: The Eagle’s Joe Walsh objects to Republican Congressional candidate Joe Walsh’s use of his song for use in election campaign (1709 Copyright Blog)

US Trademarks

Why establishing trademark use is not as easy as one would think (IP Law Blog)

Thinking about fraud (Part III): After Bose, can fraud be cured? (TTABlog)

US Trade Marks – Decisions

District Court E D California: Court finds logo either protected as parody or not likely to cause confusion: – Yes on 8 v. Courage Campaign (Seattle Trademark Lawyer)

District Court W D Washington denies contempt motion in ‘Hendrix Electric’ Vodka case: Experience Hendrix, LLC v. Electric Hendrix, LLC (Seattle Trademark Lawyer)

District Court N D Illinois: No reverse confusion because of dissimilar trademarks: World Wide Sales, Inc. v Church & Dwight Co., Inc (Chicago IP Litigation)

District Court S D New York: Pryor representation doesn’t create conflict: Revise Clothing v Joes Jeans (Trademark Blog)

Ninth Circuit affirms denial of E! Entertainment’s injunction motion: E! Entertainment Television, Inc v Entertainment One GP Limited (Seattle Trademark Lawyer)

TTAB precedential no 3: Denying 2(f) tacking, TTAB Finds HOLLYWOOD and BOLLYWOOD not legal equivalents: In re Nielsen Business Media, Inc (TTABlog)

TTAB finds PEACH CLAIRE for lingerie not confusingly similar to PEACH BUNS for clothing: GA Peach Buns, Inc v Voucia Corporation (not precedential) (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Konami – Konami and Upper Deck settle IP lawsuit regarding counterfeit Yu-Gi-Oh! Cards (Daily Dose of IP)

National Football League – NFL claims fan chant ‘Who dat’ for New Orleans Saints (Brand Channel) (Trademark Blog)

Odom’s Tennessee Pride Sausage – CAFC hears argument in ODOM’S PRIDE 2(d) summary judgment appeal: Odom’s Tennessee Pride Sausage, Inc. v. FF Acquisition, L.L.C. (TTABlog)


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