General Global Week in Review 8 November 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:

US election brings IP uncertainty (IP Watch)

Trademark bullying: Birth of a TTAB affirmative defense? – Kellogg North America Company v. Malt-O-Meal Company (TTABlog)

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

Valuing intangibles, start up bonanza, IPEC and badwill (IP Think Tank)

Your chance to vote for inductees into the IP Hall of Fame (IP Think Tank)

International IP Strategists Association plans for spring 2011 launch (IAM)

First Committee on WIPO Standards ends in vote for suspension (IP Watch)

Progress at WIPO on designs (Class 99)

In praise of harmonisation – designs (Class 99)

Diamonds are forever, but are trade secrets? (IPKat)

Global – Patents

USPTO and EPO examiners – compare and contrast (IAM)

In defence of Patent Agents (NIPC)

The end of Patent Agents (SOLO Independent IP Practitioners)

Global – Copyright

Challenges to ACTA mount: The week in review (Michael Geist)

Australia to hold three ACTA briefings, Canada still MIA (Michael Geist)

Farewell copyright? – discussion on annual symposium on UBVA copyright (Innovationpartners)

Stakeholders’ platform launches project to facilitate access by VIPs to published works (WIPO)


A case of (un) parallel imports – Sporte Leisure Pty Ltd v Paul’s International Pty Ltd (No 3) (ipwars)


The exemption of payment of rights from public performance: An uncommon unanimity in Brazil (IP tango)

PatentScope adds patents of Brazil (The Patent Librarian’s Notebook)


Update: Green technology patents in Canada (IPblog)


Protecting the IP rights of clients by Customs Records (China Law Blog)

Chinese fakes in more than one way (Innovationpartners)

China trademarks: Still lost in translation (China Hearsay)

How to get the copyright when you commission a work in China? (IP Dragon)


EPO – Willy Minnoye and Raimund Lutz appointed as Vice-Presidents (EPLAW)

EPO prepares to roll out new Prior Art Search Disclosure Rules (Patent Docs)

End of the road for Evets – ECJ cancels mark based on non-payment of renewal fees in Evets v OHIM (C-479/09 P) (Class 99)


BGH: if it looks the same, it must have the same quality – I ZR 145/08 (IPKat)

Method of displaying image during surgery patentable, rules BGH – X ZB 9/09 (IPKat)


Delhi High Court orders the release of seized ‘Ferrero Rocher’ lookalikes (Spicy IP)

Breaking news: IPO releases revised manual of patent practice & procedure (Spicy IP)

Brin Panna goes to court – II (Spicy IP)

Patenting Lal dant manjan (Spicy IP)

Copying, stealing and Medieval writings (Spicy IP)


District Court of The Hague: Infringement claims denied: Indorata v. Balmain (EPLAW)

Nijntje gives Kathy the go-by (Class 46)


TLC between the EU and Peru/Colombia: Legal review will come to an end (IP tango)


The battle over KARDIOMED (Class 46)


Spanish CTM Tribunal on how to prove reputation: ‘Your pile of advertisement inserts and press releases does not look that impressive’ (Class 46)


Swiss trade mark practice against PRO (Class 46)

United Kingdom

Court of Appeal unfazed by foreign copyright: Crosstown v Rive Droite (The 1709 Blog)

The PCC Page, no.4: ADR – waste of space or chance of success? (PatLit)

Trade Marks and innovation: how strong is the link? (IPKat)

Next lap in Force India vs Ethiad dispute (IPKat)

United States

US General

US election brings IP uncertainty (IP Watch)

US Patent Reform

Patent Reform still on the table (Patents Post Grant Blog)

US Patents

Bond’s gun a hit at the USPTO (IPKat)

Regional patent office coming to a city near you? (Anticipate This!)

Constitutional inventors, first-possession, and the confusion of Bayh-Dole (Patently-O)

The post grant magic of means plus function claims (Patents Post Grant Blog)

Chilling effect of the USPTO patent examination pilot program (Patents Post Grant Blog)

Is pleading intent to deceive upon ‘Information and Belief’ sufficient to state a claim for false marking? Yes – Simonian v Blistex, No – Shizzle Pop v Aviva Sports (Docket Report)

US Patents – Decisions

ITC invalidity holding reversed in reexamination of Funai’s patent (Patents Post Grant Blog)

Plaintiff’s verdict in Lufkin patent case – Affinity v Hyundai (

US Patents – Lawsuits and strategic steps

IMX – Failure to mitigate damages defense ‘is not inappropriate’ in patent infringement case: IMX, Inc. v. E-Loan, Inc (Docket Report)

Paradigm Marketing Consortium – ALJ Gildea terminates three respondents, Paradigm Marketing, United Sourcing Network Corporation and Alliance in Manufacturing in electronic paper towel dispenser investigation (ITC 337 Update)

Pratt & Whitney – Pratt & Whitney to stop Rolls-Royce?: P & W file ITC complaint to stop shipments of Rolls Royce engines to Boeing (IPKat) (IP finance)

Simonian – Second false patent marking plaintiff lacks standing: Simonian v. The Quigley Corp (IP Litigation Blog)

Sipco – Sipco patent suit targets smart grid and energy management solutions developers (Green Patent Blog)

US Trade Marks – Decisions

9th Circuit: Priority evidence insufficient to support Hana Bank’s summary judgment win: Hana Financial, Inc. v. Hana Bank (Seattle Trademark Lawyer)

TTAB precedential no. 41: Parties file cross-motions for summary judgment, then opt for TTAB’s ACR procedure to resolve cancellation: Weatherford/Lamb, Inc. v. C&J Energy Services, Inc. (TTABlog)

TTAB finds LAGUNA logo on t-shirt merely ornamental, affirms refusal (TTABlog)

Test your TTAB judge-ability: Are ISLAND TROPICAL and TROPICAL ISLAND BLAST confusingly similar for fruit-based snack food? (TTABlog)

US Trade Marks – Lawsuits and strategic steps

Kellogg North America – Trademark bullying: Birth of a TTAB affirmative defense? – Kellogg North America Company v. Malt-O-Meal Company (TTABlog)

Los Angeles Dodgers – TTAB hot stove league opener: LA Dodgers oppose BROOKLYN BURGER logo (TTABlog)

Walgreens – Walgreens sues Wegmans alleging logo too similar (IPKat)


Zimbabwe considering copyrighting laws (Afro-IP)

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