Online Global Week in Review 3 September 2010 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:

Microsoft cofounder Paul Allen drops patent bomb on Apple, Google, Facebook (ArsTechnica) (Patently-O) (The Prior Art) (IAM) (IAM) (IPBiz) (IPBiz) (IPBiz)

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

Game companies should play fair with P2P (TorrentFreak)

Global – Trade Marks & Domain Names

The SKYpe’s the limit – trade mark battle between BSkyB and Skype (IP Whiteboard)

Facebook’s ‘trademark bullying’ should serve as an IP strategy lesson for startup entrepreneurs (IP Asset Maximizer Blog) (IPBiz)

‘Mac’ as Rorschach (IP finance)

Preparing for the new gTLDs: a survey (Class 46)


Absence of ‘safe harbor’ attracts litigation (IP tango)

Protecting databases in Argentina (IP tango)


Courts puts a temporary stop on PS3 jailbreak (IP Whiteboard)

Google fails to unmask anonymous opponent: Google Inc v David Brian Webber (Patentology)

A guarantee of non-infringement for software supplies to Australian ‘consumers’? (IP Whiteboard)

Are you an accidental movie and tv show pirate? Anti-piracy campaign from APAF (TorrentFreak)


James Moore on the private copying levy (Michael Geist)

Google, Yahoo concerned about C-32’s enabler provision (Michael Geist)


Shanzhai Saturday: Dawn of a new era? (China Hearsay)


Computer implemented inventions in Europe, an update: G3/08 opinion of the Enlarged Board of Appeal of the EPO (ipeg)


Scammers using fake copyright infringement notices for profit (ArsTechnica)


Isn’t it urgent now I’ve waited so long? GEMA v YouTube (1709 Blog)

iPod sees off eiPott threat (Class 46)

Montenegro transferred to rightful owner (Class 46)

South Africa

Cell C – the power is not in your C (Afro-IP)


Sweden to finally get a second Pirate MEP? (TorrentFreak)

Pirate Bay movie fully funded in three days (TorrentFreak)

United Kingdom

EWCA rules ‘Euro-defences’ can’t be swept aside by summary judgment: Oracle (formerly Sun Microsystems) v M Tech (Class 46)

UK Pirate Party’s guide to the Digital Economy Act (TorrentFreak)

Impact of weblog on number of opponents: a form of abuse? (PatLit) (IPKat)

Wrongfully accused of file-sharing? File for harassment (TorrentFreak)

United States

US Patents – Decisions

Federal Circuit holds-line on patent misuse defense: Princo Corp. v. International Trade Commission and U.S. Philips Corp (Patently-O)

District Court N D Illinois refers to input ‘Directly’ its claim from the specification: Chicago Mercantile Exchange, Inc. v. Tech. Research Group, Inc (Chicago IP Litigation Blog)

US Patents – Lawsuits and strategic steps

Apple – ALJ Bullock denies Nokia’s motions for summary determination in Certain Mobile Communications and Computer Devices (337-TA-704) (ITC Law Blog) (ITC 337 Update)

Cognex – ALJ Charneski issues public version of initial determination of no infringement in Certain Machine Vision Software (337-TA-680) (ITC Law Blog)

Facebook – Facebook’s US 7,788,260 (IPBiz)

Interval Research – Microsoft cofounder Paul Allen drops patent bomb on Apple, Google, Facebook (ArsTechnica) (Patently-O) (Prior Art) (IAM) (IAM) (IPBiz) (IPBiz) (IPBiz)

Microsoft – ALJ Bullock grants motion to terminate investigation in Certain Game Controllers (337-TA-715) based on settlement between Microsoft and Datel (ITC Law Blog)

Microsoft – Microsoft (again) asks Supreme Court to lower clear and convincing standard: Microsoft Corp. v. I4I Limited Partnership (Patently-O)

Nokia – ALJ Charneski denies Nokia’s third motion to show cause in Inv. No. 337-TA-701 in Certain Electronic Products, Including Mobile Phones, Portable Music Players, and Computers (ITC 337 Update)

O2 Micro – Complainants O2 Micro, Inc. and O2 Micro Int’l, Ltd. appeal to Federal Circuit in Certain Cold Cathode Fluorescent Lamp Inverter Circuits and Products Containing the Same (ITC 337 Update)

Panasonic Corp. – Panasonic files amended complaint to substitute parties in Inv. No. 337-TA-716 in Certain Large Scale Integrated Circuit Semiconductor Chips and Products Containing the Same (ITC 337 Update)

US Copyright

Commerce Secretary rails against ‘scourge of music piracy’ (Copyrights & Campaigns) (ArsTechnica)

US record labels say that copyright law ‘isn’t working’ (1709 Blog)

Copyright 2.0 show – RIAA says DMCA no longer works, Garcia drops out of Fairey case etc (Plagiarism Today)

Trade groups: policing our digital copyrights is just too hard (ArsTechnica)

PK in the know podcast – Interview with WFMU’s Ken Freedman on technology, copyright, future of broadcasting (Public Knowledge)

Hollywood links Pirate Bay founding group to cyber attack (TorrentFreak)

US Copyright – Decisions

District Court W D Wisconsin: Joint authorship, work for hire and declaratory judgment actions for copyright ownership: Woods v. Resnick (Copyright Litigation Blog)

District Court Massachusetts: Runescape Publisher denied preliminary injunction against maker of auto-player software: Jagex Ltd. v. Impulse Software (Technology & Marketing Law Blog)

District Court N D Illinois: Removing copyright management information from photographs may violate DMCA and Lanham Act: Cable v. Agence France Presse (Copyright Litigation Blog)

US Copyright – Lawsuits and strategic steps

Lucas Entertainment – Don’t want to be linked to gay porn? Be careful with court filings (ArsTechnica)

US Copyright Group – Defendant, ISP: DC court lacks jurisdiction over 14,000 P2P users (ArsTechnica)

US Copyright Group – Lawyer offers self help to sued BitTorrent users (TorrentFreak)

Warner Bros. – Studios sue ad shop for pirate sites (ArsTechnica) (TorrentFreak)

US Trade Marks & Domain Names – Decisions

District Court S D California: Nickelodeon’s ‘Visual System’ functional, not protectable as trade dress: The Jumpitz Corp. v. Viacom Int’l, Inc. (Seattle Trademark Lawyer)

Lost in translation – Summary and analysis of Rosetta Stone v Google (Likelihood of Confusion) (Seattle Trademark Lawyer)

US Trade Marks & Domain Names – Lawsuits and strategic steps

Politico – Impolicito, redux (Likelihood of Confusion)


Counterfeit crackdown – undertaken by Samsung (Afro-IP)

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