General Global Week in Review 8 March 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:

Benoît Battistelli (France) elected EPO President (EPLAW) (Innovation Partners) (IP Kat) (IAM) (IAM) (IP Watch) (IP:JUR)

US Patent Reform Act of 2010: A Substitute S. 515 (Patent Baristas) (Inventive Step) (271 Patent Blog) (IP Watch) (Inventive Step) (Patent Docs) (Gray on Claims) (Patently-O)

Global – General

You won’t get what you want if you look in the wrong place (IP Think Tank)

China update, criminal sanctions in IP cases and Googly litigation – IP Think Tank podcast 18 Feb 2010 (IP Think Tank)

Awards 2010: shortlists unveiled for Managing IP (Managing IP)

Global – Trade Marks / Brands

WTO GIs group continues work on topic ‘clusters’ (IP Watch)

All the cool brand names are gone, the Wall Street Journal reports (Seattle Trademark Lawyer)

Global – Patents

What if patents lasted 70 years? (IP Think Tank)

Invention capital Intellectual Ventures and you (IP Think Tank)

Xyggy and the Golden Egg (Intellogist)

Global – Copyright

New ACTA leak details differences, broadening scope (IP Watch)


Australian officials borrow US rhetoric on Canadian copyright (Michael Geist) (Information Politics)


March 2010: a month for high expectations on IP in Brazil (IP tango)

Depicting a statue in a movie: copyright violation? – Brazil Catholic Church sues Columbia Pictures over unauthorised depiction of Christ the Redeemer statue in movie (SiNApSE)

LG Group meeting a problem concerning its trademark in Brazil (Relat IP)


Speech from the Throne (Excess Copyright) (Michael Geist)

Bannerman on copyright timelines (Michael Geist)

Clement on copyright: A made-in Canada approach (Michael Geist)

The doctrine of ‘inherent inticipation’ in Canada: A time for review? (IP Osgoode)

Federal Court: IP infringement and director liability: Target Event Production Ltd. v. Cheung and Lions Communications Inc (IPblog) (Canadian Trademark Blog)   


China’s new Article 4 Copyright Law: Censored works are copyrighted too (IP Dragon)

Tiger, Tiger burning bright (IPKat)


Danes side with Benelux and the Hungarians on ONEL (Class 46)

ACTA issue heats up in Denmark (Michael Geist)

Benoît Battistelli (France) elected EPO President (EPLAW) (Innovation Partners) (IP:JUR) (IP Kat) (IAM) (IAM) (IP Watch)

Negotiations for agreement between EC and Georgia on protection of geographical indications underway (Class 46)

Albania – 37th member to accede the European Patent Convention (SiNApSE)

General Court not confused by bottle shapes: Weldebräu v OHMI, Kofola Holding (Class 46)

Daimler gets a nastygram from Ferrari (Class 46)

Cognac and cannabis for Europe’s top judges: Bureau National Interprofessionnel du Cognac v Oy Gust. Ranin; Torresan v OHIM (IPKat)

The EPO and the ‘milk cow’ patent (IPKat)

Keeping the patent system fit for purpose (IPKat)

PGI protection for Mela di Valtellini Italian apples and TSG protection for Prekmurska gibanica Slovenian cake (Class 46)

Slovenia gets TSG protection for Belokranjska pogača (Class 46)


Claiming with a purpose, with the blessings of an inventor (SiNApSE)

Institutional capacity of the patent office… the next big challenge??? (SiNApSE)

Royalty issue rocks the panel – proposed Copyright Act amendment (SiNApSE)

Calcutta High Court stays Rin ad in Rin v Tide comparative advertising dispute: Hindustan Unilever Limited v Procter and Gamble Home Products Limited (Spicy IP) (Spicy IP) (Spicy IP) (Spicy IP)


Israel Supreme Court refuses clothes pins appeal: Zion Dadon v Rafael Weapons Development LTD (IP Factor)

Michal David sues Israel Postal Authority for copyright infringement over use of design for telegrams (IP Factor)


Director General wraps up official visit to Japan (WIPO)


INDECOPI tries to stop counterfeited book (IP tango)


Trade Marks and taxes (Class 46)

Seizure of goods bearing the EURO 2012 logo (Class 46)

The second lap in race for Dakar – Voivodeship Administrative Court: Name long known as exotic city name, should not be attributed exclusively to one company (Class 46)


Russian Antitrust Commission bans chocolates similar to Ferrero Rocher (Class 46)

Euroset in a battle for HALYAVA (Russian slang for free-ride) (Class 46)


New trade mark law in Slovakia (Class 46)

South Africa

Pomping our moral fibres – offensive trade marks (Afro-IP)

United Kingdom

SUGABABES – Keisha Buchanan to commence legal proceedings against the girl group to prevent the current line up using the name (IPKat)

United States
US General

USTR offers answers to some thorny questions on ACTA (IP Watch) (Michael Geist)

Submissions to US unilateral IP enforcement process highlight piracy, health, and ACTA (IP Watch)

First public hearing on Special 301: Great first step with room for improvement (Public Knowledge)

US General – Decisions

Trade secrets, bankruptcy and ‘standing’: Jasmine Networks, Inc. v. Superior Court (Santa Clara County) (IP Law Blog)

US Patent Reform

The Patent Reform Act of 2010: A Substitute S. 515 (Patent Baristas) (Inventive Step) (271 Patent Blog) (IP Watch) (Inventive Step) (Patent Docs) (Gray on Claims) (Patently-O)

First to disclose: A caveat to the Patent Reform Act of 2010 (Patently-O)

House leadership says it lacked ‘adequate input’ on Senate Patent Reform Bill (Patent Docs)

Who cares about health care reform? Patent reform is back! (Peter Zura’s 271 Patent Blog)

False marking and patent reform (Patently-O)

US Patents

Patent marking police strike again – 100 companies now affected by false marking suits (GRAY on Claims)

The marking requirement: Here is how the statute has been interpreted (Patently-O)

Investigating Patent Law’s presumption of validity – An empirical analysis (Patently-O)

Inventors Eye: The Patent Office’s new publication for inventors (Patent Baristas)

US Patents – Decisions

CAFC: District Court Judge provides another reminder of dysfunctional state of Federal Circuit’s claim construction jurisprudence: Trading Technologies Int’l, Inc v eSpeed Inc (Patent Docs)

CAFC: Patent prosecution malpractice: Proving the case-within-a-case: Davis v Brouse McDowell (Patently-O) (Inventive Step)

CAFC: Good news for design patent holders: Crocs, Inc v ITC (Director’s Forum)

District Court E D Miami: Inequitable conduct pleading need not allege why undisclosed prior art embodies the claimed invention, why it is not cumulative, or how examiner would have applied it: Somanetics Corp. v. CAS Medical Systems, Inc (Docket Report)

District Court M D Pennsylvania: Conflicting claim constructions preclude finding of wilfulness: Arlington Industries v. Bridgeport Fittings (Docket Report)

ITC: No section 337 violation by Mitsubishi in certain variable speed wind turbines in matter brought by General Electric (ITC Law Blog)

US Patents – Lawsuits and strategic steps

Freescale Semiconductor – Freescale files new 337 complaint alleging patent infringment against Panasonic, Funai, JVC and others regarding certain integrated circuits (ITC Law Blog)

Hologic – An example of defensive patent strategy – settlement between Johnson & Johnson and Hologic (IP Directions)

McCabe – McCabe files new 337 complaint alleging patent infringement regarding certain stringed musical instruments, respondents include Floyd Rose, David & Hanser Music, Ping Well Industrial and others (ITC Law Blog)

Mitsubishi – In a third action against Mitsubishi, GE asserts new zero voltage ride through patent (Green Patent Blog)

Sharp – ITC to terminate investigation in certain liquid crystal display modules based on settlement agreement between Sharp and Samsung (ITC Law Blog)

Taylor – Patentee Taylor appeals from summary judgment of non-infringement.: Taylor Brands v. GB II Corp (PATracer)

Texas Advanced Optoelectronic Solutions – Counsel ordered to meet and confer for deposition confidentiality designations: Texas Advanced Optoelectronic Solutions v. Intersil (

University of New Mexico – UNM files complaint against Environmental Robots over alleged infringement of patent covering ‘soft actuators and artificial muscles’ (Technology Transfer Tactics)

Wham-O – False patent marking suit targets the FRISBEE disc: FLFMC LLC v Wham-O (IP Spotlight)

US Copyright – Decisions

CAFC: Sculpture, history, copyright infringement and fair use of the Korean War Veteran’s Memorial: Gaylord v. United States (Copyright Litigation Blog) (Property, intangible)

US Trade Marks – Decisions

Precedential No. 7: TTAB deems internet printouts admissible via notice of reliance: Safer, Inc v OMS Investments, Inc (TTABlog)

TTAB vacates 2008 fraud ruling in Herbaceuticals, Inc v Xel Pharmaceuticals, Inc (TTABlog)

TTAB affirms 2(d) refusal of CARMINE’S design for restaurant services in view of two other CARMINE’S designs: In re Carmine’s Broadway Feast Inc.(not precedential) (TTABlog)

District Court W D Wisconsin: Trek trademark infringement… dismissed!: Trek Bicycle Corporation v Trek Winery, LLC (Trademark Blog of the Trademark Lawyer’s Mind)

District Court C D California: No preliminary injunction in ‘Planet Coffee’ trademark infringement case: Planet Coffee Roasters, Inc. v. Hung Dam (Seattle Trademark Lawyer)

US Trade Marks – Lawsuits and strategic steps

Loops – W D Washington corrects discovery abuses with adverse instruction to jury: Loops LLC v Phoenix Trading, Inc (Seattle Trademark Lawyer)


Fama de America expropriated (IP tango)



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