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General Global Week in Review 9 Nov 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:

ACTA negotiations, Seoul (Michael Geist) (Michael Geist) (Michael Geist) (Michael Geist) (Public Knowledge) (Public Knowledge) (LawFont) (Michael Geist) (BLOG@IP::JUR) (EEF) (PC World) (TorrentFreak) (IP Watch)

United Nations Framework Convention on Climate Change meeting, Barcelona; US Senate letter urges IP rights (IP Watch) (IP Watch) (IP Watch) (IP Watch)

Global – General

Keynote on what’s happening in the world of IP strategy IP Think Tank podcast 26 Oct 2009 (IP Think Tank)

WIPO, donor community to explore ways to enhance use of IP for development (IP Frontline) (IPKat)

WIPO power struggle looms over development agenda coordination (IP Watch)

A look into the future… US joins other major economies reporting return to positive economic growth (IAM)

Michael Geist on CBC’s ‘As It Happens’ on ACTA (Michael Geist)

The leaked ACTA document (Michael Geist)

ACTA negotiations day 1 – Internet provisions (Michael Geist) (BLOG@IP::JUR) (EEF) (PC World) (TorrentFreak) (IP Watch)

ACTA negotiations day 2 – Criminal provisions (Michael Geist)

ACTA negotiations day 3 – secret talks on transparency (Michael Geist)

UNCITRAL security interests consultation update (Excess Copyright)

Breakthrough in strategic IP thinking? (Innovationpartners)

Smart City’s intangible assets… (Business IP and Intangible Assets Report and Blog)

Intangible asset valuation frustration-skepticism (Business IP and Intangible Assets Report and Blog)

Raising finance from intellectual assets is on the rise, but more needs to be done (IAM)

Advisory Committee on Enforcement meeting: IP enforcement work at WIPO gets boost from developing nations (IP Watch)

WTO to extend moratorium on non-violation cases, e-commerce taxes (IP Watch)

Slow but steady progress in IP’s move to the corporate centre stage (IAM)

Global – Patents

Which patent office does it best? IAM/Thomson Reuters survey says: EPO (Peter Zura’s 271 Patent Blog)

Patent plutonomies (IPEG)

Mandatory disclosure, PCT and WIPO conspiracy theories (Spicy IP)

IP for you business: Reducing patent litigation budgets (Chicago Intellectual Property Law Blog)

Seeking to sell your patent to a big company? Think about these negotiation tips (IP Asset Maximizer Blog)

United Nations Framework Convention on Climate Change meeting, Barcelona; US Senate letter urges IP rights (IP Watch) (IP Watch) (IP Watch) (IP Watch)

Global – Copyright

Will the sci-fi franchise continue? (IP finance)

Gospel, gold diggers and gum trees: How sampling litigation changes the tune (IP Osgoode)


A mere collocation – Full Federal Court allows appeal against grant of interlocutory injunction preventing Smith & Nephew entering negative pressure wound therapy market: Smith & Nephew P/L v Wake Forest University Health Sciences (

The Vegemite/iSnack trade mark saga down under: Fiasco or triumph? (IP finance)


INPI sets higher grounds and prepares itself for Madrid Protocol and the 2014 World Cup (IP tango)


Justice Marshall Rothstein on business method patents (IP Osgoode)

Oshawa school trustee seeks elimination of copyright fees (Michael Geist)

Justice Vancise on the courts and copyright policy in Canada (Excess Copyright)

Government responds to IP enforcement criticism, proposes changes to proceeds of crime rules (Michael Geist)

Bachman Turner Overdrive trade mark dispute between current and former band members (Canadian Trademark Blog)

Auditor General wields Crown copyright to demand takedown (Michael Geist)

Canadian copyright collectives and the Copyright Board after 20 years: Does the system serve its purpose? (Excess Copyright)


The ambitious project that seeks to change the Chilean wine map (IP tango)


Pepsico-Tianfu JV dispute over trade secrets and branding (China Hearsay)

iSuppli: China’s grey mobile phone market explodes (IP Dragon)


Questions referred to ECJ in Interflora v Marks and Spencer now available (IPKat) (Class 46)

ECJ crystal clear ruling in border measures reference: Zino Davidoff SA v Bundesfinanzdirektion Südost (JIPLP)

Brussels Court of Appeal refers SatCab questions to ECJ in Airfield v Agicoa and Airfield v Sabam (1709 Copyright Blog)

Pirate Party gets second seat in European Parliament (TorrentFreak) (IP Watch)

Enlarged Board of Appeal at EPO: Can impartiality of member be challenged by amicus curiae brief? (BLOG@IP::JUR)

EU Community patent: The mill goes on and on – EU Council issue Document 15149/09 ‘Proposal for a Council Regulation on the Community Patent – Revised text’ (BLOG@IP::JUR)

Notice from the European Patent Office dated 26 October 2009 concerning search options available after ‘Examining Division’s first communication’ (EPO)

OHIM to launch products/services similarity database in 2010 (Class 46)

EPO presidency vote revealed (IAM)

Stalemate over EPO president – election postponed until at least December (Managing Intellectual Property) (Innovationpartners)

Why are CTM applications through the Madrid system less often opposed? (IPKat)


Finnish Customs sees more counterfeit action in 2009 than previous years, according to financial newspaper Kauppalehti (Class 46)


Paris Tribunal de Grande instance now has exclusive jurisdiction for all patent disputes in France (Managing Intellectual Property)


India’s traditional knowledge database wins early successes at EPO (Spicy IP)

Gandhi-Mont Blanc dispute ‘almost settled’ (Spicy IP)

Ramkumar’s patent covering dual SIM phones stayed by the IPAB (Spicy IP)

Bambino Agro Industries applies for geographical indication status for Bambino brand vermicelli (Spicy IP)

Bombay High Court dismisses allegations of copyright infringement against Madhur Bhandarkar’s movie ‘Jail’ (Spicy IP)


Fashion designer Jen Kelly sues Riverdance duo Moya Doherty and John McColgan for using his designs without permission, seeks royalties on Riverdance profits (IPKat)


Israel PCT receiving office – have your say! (The IP Factor)

Jerusalem District Court: American Colony Hotel prevents competitors using name Colony (The IP Factor)


Italian law amends Italian IP Code and reinforces protection to IP rights holders under Italian Criminal Code (Class 46)


High Court orders Music Copyright Society of Kenya to stop collecting ringtone royalties (Afro-IP)


Amicus brief filed by INTA with Federal Court of Tax and Administrative Affairs (Grupo Anderson’s Case) (relatIP)


Premio Planeta 2002 prize winner found liable for moral rights infringement (IP tango)


Polish Ministry of Culture and National Heritage creates incentives for sharing educational content (Creative Commons)

Jail time for selling fake croissants (Class 46)


Swiss patent litigation reform (PatLit)


Syria waives Israel boycott declaration (The IP Factor)

United Kingdom

How easily can multi-issue disputes be slimmed down?; Commercial success as criterion of inventive step: Grimme Landmaschinenfabrik GmbH & co. KG v Derek Scott (PatLit) (Class 99) (IPKat)

April 2010 trial ordered in trade mark infringement and copycat advertising dispute between Specsavers and Asda (IPKat)

‘Give it back!’. ‘Shan’t!’ Court of Appeal rules… – Scopelight Ltd & Ors v Chief Constable of Northumbria and Federation Against Copyright Theft concerning police powers to retain seized property once decision not prosecute has been made (1709 Copyright Blog)

Warner Bros says Harry Potter theme dinner infringes copyright (TorrentFreak)

United States
US General

Did you know… section 337 settlement agreements must be approved by the ITC? (ITC 337 Law Blog)

Groups protest Obama Administration secrecy on ACTA (Public Knowledge)

Artist, Open Government, and civil liberties groups join calls for ACTA transparency (Public Knowledge)

US General – Decisions

$1.26 billion awarded against PepsiCo for not defending trade secret case regarding bottled water (The IP Factor)

US Patent Reform

Outside opinions are still key to avoiding wilful infringement (Patents4Life)

US Patents

Changing opinions on wilful patent infringement (IP Frontline)

Someone already patented your invention? Run to the USPTO (IP Frontline)

Director’s blog, now with feedback (just_n_examiner)

Effective 8 November, Office’s revised count system initiatives go into effect (just_n_examiner)

Should you file a patent application now or can you wait? (Inventive Step)

Copyrighting a prior public disclosure: In re Lister (IP Directions) (IP Osgoode)

A closer look at requests to stay section 337 investigations pending re-examination at the USPTO (ITC 337 Law Blog)

Patent prosecution tips: drafting preambles (Patently-O)

US Patents – Decisions

CAFC: When are subsidiaries covered in a license agreement?: Imation v Koninklijke Philips Electronics (Patently-O) (IP Spotlight)

District Court N D Illinois: Court not required to review products during claim construction: SP Techs. LLC v Garmin Int’l, Inc (Chicago Intellectual Property Law Blog)

District Court E D Texas: Motion for summary judgment as to patent defendant’s defences and counterclaims granted in part; antitrust claims severed: Fiber Systems International v Applied Optical Systems (

District Court E D Texas: Motion to compel denied – non-compliance with ‘meet and confer’ rule: Konami Digital Entertainment Co v Harmonix Music (

BPAI used dictionary and patentee’s explicit distinguishing of prior art in defining claim term and reversing rejection of claims: Ex parte Westlund (Gray on Claims)

US Patents – Lawsuits and strategic steps

Coskata – Biofilm, bugs and bioreactors: The IP behind Coskata’s new biofuel facility (Green Patent Blog)

GreenShift Corporation – GreenShifting focus to pre-grant damages in ethanol processing patent suit: GS Cleantech Corporation v GEA Westfalia Separator, Inc and Does 1-20 inclusive (Green Patent Blog)

Honeywell – Public version of initial determination released – No violation of s 337 by respondents’ importation and sale of automotive multimedia display and navigation products in investigation based on complaint by Honeywell (ITC 337 Law Blog)

Tessera – ITC to review initial determination in investigation of importation and sale of allegedly patent infringing semiconductor chips commenced in response to complaint by Tessera (ITC 337 Law Blog)

US Copyright

The future IP Czar (Excess Copyright)

US Copyright – Decisions

District Court S D New York: Oral contract not worth the email they’re printed out on: Weinstein Company v Smokewood Entertainment Group (The Trademark Blog)

US Trade Marks – Decisions

CAFC: Trademark cancellation: Presumption of validity includes presumption of acquired distinctiveness for marks registered under section 2(f): Cold War Museum v Cold War Air Museum (Patently-O) (TTABlog)

Court of Appeals for the 7th Circuit: Use of Japanese legal term in US-based contract Sunstar Inc v Alberto-Culvar Company (IP Spotlight) (IP Law Blog)

9th Circuit finds name not a trade mark, so no false designation of origin: Ott v Ingenix (Seattle Trademark Lawyer)

Precedential No 45: TIRES TIRES TIRES generic for, or merely descriptive of, Tire Store Services: In re Tires, Tires, Tires (TTABlog)

TTAB precedential no 44: TTAB decides CAB CALLOWAY priority dispute, rules that personal names are inherently distinctive: Christopher Brooks v Creative Arts by Calloway, LLC (TTABlog)

TTAB restricts Bose’s WAVE registration per CAFC decision (TTABlog)

US Trade Marks – Lawsuits and strategic steps

McDonald’s – McDonald’s reached settlement with Lion’s Tap in dispute over McDonald’s use of WHO’S YOUR PATTY tagline (Las Vegas Trademark Attorney)

United States of America – US Government files suit against AFIP Laboratories over alleged infringement of their ARMED FORCES INSTITUTE OF PATHOLOGY mark (The Trademark Blog)

University of Southern California – CAFC hears oral argument in SC trademark dispute University of Southern California v University of South Carolina (TTABlog)


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