General Global Week in Review 9 May 2011 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:

The USTR Special 301 Report released: some initial reactions (TechnoLlama) (Knowledge Ecology International) (Public Knowledge) (Michael Geist) (Public Knowledge) (Patent Docs)

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

Why IP portfolios and sales often misalign (IP Think Tank)

WIPO delegates meet on IP and development implementation (IP Watch)

China & Africa – OAPI/BRICS and more (Afro-IP)

Global – Patents

Patent Ethics by David Hricik (IP Think Tank)

Global – Copyright

Why the copyright industry isn’t a legitimate stakeholder in copyright (TorrentFreak)

Consumers’ rights still not on equal footing with copyright owners’, study finds (IP Watch)


FCA: Valid ‘notional claim’ required for ‘whole of contents’ novelty test: Danisco A/S v Novozymes A/S (No 2) (Patentology)

Australian Patent Office rejects cannabis lunacy: Christopher Gary Parmenter (Patentology)

IP owners beware! Australian renewal scam alert (Patentology)


Bosnians take firm grip on fake massagers – Customs seizures of counterfeit goods (Class 46)


e-opinion: good news for users of the patent system (IP tango)


Canada still in copyright ‘hall of shame’ according to the US (ArsTechnica)

The US Intellectual Property watch list: The Canadian perspective (Michael Geist)

Unhappy Mounties sick of being private copyright cops (ArsTechnica)

Wikileaks cable confirms public pressure forced delay of Canadian Copyright Bill in 2008 (Michael Geist)

Bigger! Better! Wares and Services Manual expands (Canadian Trademark Blog)

Trade-marks: Use it as registered: Bigras v. BMO Nesbitt Burns Corporation Limited (IPblog)


USTR Special 301 IP Report China: Move along, not much to see here (China Hearsay)

Fast technology transfer/IPR infringements slows down China’s high speed train (IP Dragon)

PRC Supreme People’s Court: Clarified design patent infringement determination (China Law Insight)

Specialized IP Courts in China – Not something new (China Law Blog)


Chile remains on the Priority Watch List (IP tango)

INAPI launches fresh initiative to promote ‘tools for IP protection’ (IP tango)


The State of Innovation – Danish ministry of Economy and Business Affairs issues report (Innovationpartners)


OHIM reorganises ‘to support overall goals’ (Class 46)

OHIM and EPO cooperation agreement (Class 99) (IPR Helpdesk)

News from OHIM: TMview, classification and annual report for 2010 (Class 46)

TMview – French trademarks now added (IPKat)

Copyright lobby groups press European parliament to pass ACTA (Michael Geist)

European Law Enforcement Agency releases report on organised crime – points to Italy as IP pirate territory (Innovationpartners)

Artists in court: a snapshot of current developments in Europe (IPKat)

Over-intellectualisation of European trade mark law – a fresh example: C-90/11 and C-91/11 Strigl and others (IPKat)

General Court clarifies ‘agent-principal’ relationship in the meaning of Article 8(3): T-262/09 (Class 46)

General Court: Labastida: from Door to Castle- there can only be likelihood of confusion: T-345/09 (Class 46)

Return of the Chocolate Bunnies: Chocoladefabriken Lindt & Sprüngli AG v OHIM (Trade Marks and Designs) (IPKat)

Did you say polo-polo? – General Court confirms likelihood of confusion between word sign U.S. POLO ASSN. and earlier sign POLO-POLO for identical goods (Class 46)


Die grüne Post ./. Die grüne Post (with device) (Class 46)


It’s not about the money anymore: CSIR to adopt new developmental model for patenting (Spicy IP)

USIBC lobbies extensively with the Indian Govt. for increased IP protection (Spicy IP)

Can Western multi-brand retail giants prosper in India? (IP finance)

International patent application and prior art search: India (Article One Partners)

Darjeeling for two in Kolkata – First Indian court decision on geographic indication infringement (Spicy IP)


‘Honest concurrent use’: Ireland suspends its current practice (Class 46)


Italian Supreme Court decision reinforces protection of design products (Class 46)


Israel returned to the US Special IP report blacklist (IP Factor)

Israel reacts angrily to inclusion on US IP Watch List (Michael Geist)

Container shapes as trademarks: Israel Patent Office reconsiders (IP Factor)


Kenya IP system to come under WIPO scrutiny (Afro-IP)

New Zealand

Wikileaks on New Zealand copyright: US funds IP enforcement, offers to draft legislation (Michael Geist) (ArsTechnica)


Sindbad is not for all (Class 46)

South East Asia

USTR report and SE Asia – the Priority Watch list markets (IP Komodo)


Supreme Court reinforces strict practice regarding descriptiveness (Class 46)

United Kingdom

Royal wedding knock offs: Champagne v. Soda Pop (Public Knowledge)

Copyright Tribunal: new regime gets first outing: Archive Media Publishing Ltd v MCPS (The 1709 Blog)

Media content: Senior citizens front and centre? (IPKat)

United States

US General

The USTR Special 301 Report released: some initial reactions (TechnoLlama) (Knowledge Ecology International) (Public Knowledge) (Michael Geist) (Public Knowledge) (Patent Docs)

Protective orders put at risk by new bill – Sunshine in Litigation Act (Patent Docs)

US Patents

Making the patenting process faster (Patenthink)

USPTO official ‘optimistic’ that Green Patent Fast Track will be extended again (Green Patent Blog)

US Patents – Decisions

CAFC: Impermissible recapture rule curtails potential for broadening reissue: In re Mostafazadeh (Patently-O)

District Court N D Illinois: Expert opinion based on erroneous construction of ‘A’ as referring to a single item was excluded: Chicago Mercantile Exchange Inc., et. al. v. Garber (Docket Report)

District Court N D Illinois: Court analogizes inequitable conduct pleading to false marking pleading: Patent Compliance Group, Inc. v. Brunswick Corp. (Chicago IP Litigation Blog)

District Court N D Illinois: Unrelated companies’ sales of similar products do not warrant joinder in patent cases: ThermaPure, Inc. v. Temp-Air, Inc (Chicago IP Litigation Blog)

US Patents – Lawsuits and strategic steps

Boston Beer Corporation – ALJ Gildea sets procedural schedule in Certain Glassware (337-TA-767) (ITC Law Blog)

Cross Match Technologies – ALJ Luckern grants summary determination on economic prong of domestic industry requirement in Certain Biometric Scanning Devices (337-TA-720) (ITC Law Blog)

Duggal – ALJ Gildea denies motion to compel discovery in Certain Wind and Solar-Powered Light Posts and Street Lamps (337-TA-736) (ITC Law Blog) (ITC Law Blog) (ITC Law Blog)

Kaneka Corporation – ITC institutes investigation (337-TA-772) regarding Certain Polyimide Films (ITC Law Blog)

US Copyright

9th Circuit reverses panel in landmark Hollywood theft of ideas case: Montz v Pilgrim (Copyright Litigation Blog)

US Trademarks

Department of Commerce releases report on trademark bullying (Technology & Marketing Law Blog) (Seattle Trademark Lawyer)

Ruminations on the likelihood of consumer confusion standard in trademark law (Technology & Marketing Law Blog)

US Trade Marks – Decisions

TTAB finds BRAIN FUEL for fresh fruit not confusingly similar to BRAINFUEL for dietary supplements (TTABlog)

TTAB affirms 2(e)(2) refusal of EAST COAST for vehicle towing services (TTABlog)

Test your TTAB judge-ability: Are ITOWNS and IVILLAGE confusingly similar for related news services? (TTABlog)

US Trade Marks – Lawsuits and strategic steps

EcoMedia – Green leaf greenwash? Letter to FTC targets CBS EcoAds program (Green Patent Blog)

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