Online Global Week in Review 24 June 2011 from IP Think Tank

Here is Think IP Strategy’s weekly selection of top Online intellectual property news breaking in the blogosphere and internet.

Highlights this week included:

ICANN approves plan to vastly expand top-level domains (ArsTechnica) (Class 46) (ipwars) (IP Watch) (IP Whiteboard) (IPKat)

2nd Circuit Court of Appeals finds ‘hot news’ misappropriation claim pre-empted by Copyright Act: Barclay’s Capital, Inc v (Copyright Litigation Blog) (Info/Law) (Against Monopoly)

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 – Copyright

YouTube introduces Creative Commons licence (IP Osgoode)

Zombie game taken offline because pirates didn’t use BitTorrent (TorrentFreak)

Hacker mulls banning pirate apps with iOS 5 Apple jailbreak (TorrentFreak)

Global – Trade Marks & Domain Names

ICANN approves plan to vastly expand top-level domains (ArsTechnica) (Class 46) (ipwars) (IP Watch) (IP Whiteboard) (IPKat)

Is your brand worth its own zone on the internet? (IAM)

Global – Patents

Nortel portfolio sale delayed by a week (Tangible IP) (IAM) (Tangible IP)

Intel joins the Nortel race (Tangible IP)

It was Micron’s idea to create an NPE to monetise its patents, Round Rock founder reveals (IAM)


CPCC makes a virtue of necessity & how we ‘really don’t know clouds at all’ (Excess Copyright)

CPCC: No levies on Cloud Music services (Michael Geist)


A brief review on Digital Copyright Protection in China (IP Think Tank)

Prison terms for Foxconn iPad2 leakers. Any special treatment here? (China Hearsay) (IPKat)


EU’s Kroes not amused by ICANN decision on new TLDs (IP Watch)

General Court finds likelihood of confusion between SYTECO and earlier figurative TECO mark – specifies that ‘computer programming’ is lowly similar to ‘computers’ (Class 46)

Policy Forum: ‘IPR in the age of the Internet’ (1709 Blog) – File-hoster returns with guns blazing after police raids (TorrentFreak)


iNanny not registerable as a word sign (Class 46)


Who is scamming the hundreds of crores in ringtone royalties: IPRS or PPL? (Spicy IP)


Software piracy in Indonesia (IP Komodo)


ISP wrongfully sent 300 ‘first strike’ letters to innocents – IRMA v. Eircom (TorrentFreak)

Ireland set to force ISPs to disconnect pirates (TorrentFreak)


Malaysia, ISPs, pirate content and the power of the hacking community (IP Komodo)

New Zealand

Proposed NZ software patent ban goes mainstream (Patentology)


Torrent site throws in the towel fearing arrests (TorrentFreak)

United Kingdom

Round two of the English leg of the international patent battle before EWHC (Pat): Summary judgment and costs: come back and argue, says judge: Nokia v IPCom (IPKat) (EPLAW) (PatLit)

BT and TalkTalk denied appeal hearing over Digital Economy Act (

United States

US Patents

Too broad or too narrow? Apple multitouch patent sparks debate (ArsTechnica)

Apple patents way to prevent concert piracy (IP Osgoode)

US Patents – Decisions

District Court W D Texas: To corroborate inventor’s testimony as to conception date, evidence must reflect elements of claimed invention: Northpoint Technology v DirecTV (Docket Report)

District Court N D California: Infringement contentions must disclose not only the result of allegedly infringing process, but also the ‘product configurations and additional end user programming’ used to generate such results: Vasudevan Software, Inc. v. International Business Machines Corporation, et. al. (Docket Report)

US Patents – Lawsuits and strategic steps

Apple – More patents, more devices added to Apple’s IP suit against Samsung: Apple v. Samsung (ArsTechnica)

Digital Reg – Digital Reg of Texas files patent suit against Adobe Systems (Patent Arcade)

Intel – Summary judgment of noninfringement granted in part: Intel Corporation v. Negotiated Data Solutions Inc (

Interval Licensing – Paul Allen’s infringement campaign halted by patent reexamination (Patents Post-Grant)

Lodsys – App developer community invited to join Lodsys patent review (Article One Partners)

Lodsys LLC – Apple intervenes in App patent suit: Lodsys LLC. V. Combay Inc. et al. (Patent Arcade)

Microsoft – ALJ Essex sets procedural schedule in Certain Handheld Electronic Computing Devices (337-TA-769) (ITC Law Blog)

MOSAID Technologies – ITC institutes investigation (337-TA-778) regarding Certain Equipment for Communications Networks (ITC Law Blog) (ITC 337 Update)

Nokia – ALJ Charneski grants motion to terminate investigation in Certain Electronic Devices, Including Mobile Phones, Mobile Tablets, Portable Music Players, and Computers (337-TA-771) (ITC Law Blog)

Oracle – Oracle claims against Google valued at up to $6.1bn: Oracle v. Google (Tangible IP)

Personal Audio – Things not to do three weeks before Trial #1: Don’t produce new documents: Personal Audio, LLC v. Apple, Inc., et. al. (

Rambus – ALJ Essex grants motion to terminate investigation as to Freescale in Certain Semiconductor Chips (337-TA-753) (ITC Law Blog)

Spansion – ALJ Rogers grants motion to terminate investigation in Certain Flash Memory Chips (337-TA-735) (ITC Law Blog)

Tranz-Send Broadcasting Network – uTorrent / BitTorrent sued for patent infringement (TorrentFreak) (TechnoLlama)

Trek – Trek files new 337 complaint regarding Certain Universal Serial Bus (“USB”) Portable Storage Devices, including USB Flash Drives (ITC Law Blog)

Vizio – Vizio files new 337 complaint regarding Certain Digital Televisions and Components Thereof (ITC Law Blog)

US Copyright

MPAA anti-piracy lobbying targets FBI, DOJ, ICE, DHS and Biden (TorrentFreak)

EFF urges Supreme Court to block law that erodes public domain (Electronic Frontier Foundation)

Microsoft – Can Microsoft use the DMCA to kill competing Xbox 360 accessories? (ArsTechnica) (Electronic Frontier Foundation)

US Senate looks to make illegal streaming a felony (1709 Blog)

Why is the Justice Department pretending US copyright laws apply in the UK? – US seeks extradition of TVShack sites host (Techdirt) (IPKat)

MPAA, RIAA, major ISPs preparing ‘graduated response’ to piracy (TorrentFreak)

Why iTunes Match has indie soul label singing the blues (ArsTechnica )

iTunes Match and making Prof. Lessig’s case (ipwars)

US Copyright – Decisions

District Court Nevada: Righthaven smacked down again – does not own copyright; use protected by fair use doctrine: Righthaven v. Hoehn (Electronic Frontier Foundation) (Out-Law)

District Court Nevada: Another Righthaven copyright troll lawsuit dismissed as sham: Righthaven v. DiBiase (Electronic Frontier Foundation)

3rd Circuit: Copyright infringement – Removing photographer’s name from image violates DMCA: Murphy v. Millenium Radio (Copyright Litigation Blog)

2nd Circuit finds ‘hot news’ misappropriation claim pre-empted by Copyright Act: Barclay’s Capital, Inc v (Copyright Litigation Blog) (Info/Law) (Against Monopoly)

US Copyright – Lawsuits and strategic steps

Autodesk – EFF asks Supreme Court to protect ‘first sale’ rights: Vernor v. Autodesk (Electronic Frontier Foundation)

FilmOn – Warner Music director profited from piracy: FilmOn v. (TorrentFreak)

Hard Drive Productions – Open Wi-Fi is not a crime, BitTorrent case judge hears (TorrentFreak)

US Trade Marks & Domain Names – Decisions

District Court S.D. New York holds public interest registry in contempt for resolving counterfeit domains – wait, it can do that?: North Face Apparel v Fujian Sharing Import & Export et al (Public Knowledge)

US Trade Marks & Domain Names – Lawsuits and strategic steps

Apple – Apple iBooks trademark under fire from independent book publisher (ArsTechnica)

Apple – Trademark storm brewing over iCloud: iCloud Communications LLC. v. Apple Inc. (Patent Arcade)

Chipotle Mexican Grill – Customer reviews on social media provide important evidence in trademark dispute: Chipotle Mexican Grill, Inc. v. Chipotles Grill of Jonesboro, Inc (Internet Cases)

Puerto 80 – Government domain name seizures violate first amendment – EFF challenges flawed anti-infringement campaign in amicus brief (EFF)

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