News of the Week; April 15, 2020

INTELLECTUAL PROPERTY

1. Canadian Federal Court Decides Patent Action by way of Summary Trial
2. Canadian patents claiming a formulation for a medicinal ingredient may be eligible for patent term extension
3. Federal Court Considers the Availability of Certificates of Supplementary Protection for Vaccines
4. As Record Labels Still Are Demanding Mandated Filters; Facebook’s Copyright Filter Takes Down A Guy Playing Bach
5. Did the Supreme Court Just Give States License to Pirate Copyrights? Protecting Copyrights Post Allen
6. U.S. Supreme Court Confirms that States Have Sovereign Immunity from Copyright Infringement Suits–Allen v. Cooper (Eric Goldman)
7. Judge smacks down copyright suit over Instagram embedding: Ruling could provide a stronger legal basis for embedding photos and videos.
8. Court Decision Dismissing Photographer’s Lawsuit Shows Breadth of Rights Granted to Social Media and Denies Infringement Claim for Instagram Embedded Photo
9. Sinclair v. Ziff Davis, LLC
10. NY Court Tosses Lawsuit Over Street Art Depicted in Film
11. Ninth Circuit Gleefully Rejects Copyright Claims against California High School
12. Dark Horse Comes in Just at the Wire! A Music Copyright Analysis
13. Retrograde in Taurus: Ninth Circuit Upholds Judgment That Stairway to Heaven Did Not Infringe Taurus
14. VARA Lives On: A $6.75M Lesson on Respecting Moral Rights
15. Internet Archive’s National Emergency Library: Public Service or Copyright Infringement?
16. Shot on iPhone: Media Group Found to Infringe “Simple Picture,” Court Rejects Fair Use Defense
17. Update On The “Mandatory Tariff” Issue, Fair Dealing And Copyright Advocacy In Canada (Howard Knopf)
18. Photographer Unsuccessful in Copyright Case Over Use of Embedded Instagram Photo
19. Embedding Photos from Instagram – Infringement or Licensed Use?
20. Intellectual Property rights in the platform economy: A chance to rise or fall
21. The esquivalience of mountweazels protecting copyright
22. No Red Light: Fed. Circuit Opens Door for Registration of Multi-Color Product Packaging
23. Criminal sanctions for trade secret disclosure and the implementation of CUSMA
24. JaM Cellars Sues Franzia For Trademark Over ‘Jammy’, An Incredibly Common And Descriptive Term In Wines
25. Authors and publishers — which elements of a book can you protect with trade marks?
26. Planetart LLC v Photobox Ltd & Anor – Trade Mark Infringement and Passing Off in the context of mobile apps
27. The Cold Hard Fact of Arctic Cat: Actual Notice is Necessary to Protect a Damages Claim from the Cold After Unmarked Patented Goods are Sold
28. Manufacturers Refuse To Allow Hospitals To Fix Ventilators That Are The Last Hope For Many COVID-19 Patients
29. Opening Up Information In A Pandemic, Rather Than Locking It Down: The Open COVID Pledge Is Important
30. Copyright & Coronavirus: What You Need to Know
31. No Trade Dress Protection for Functional Shape and Color Scheme
32. U.S. Supreme Court Denies Review of ABPA v. Ford: Ford’s Win on Enforcing Replacement Parts Design Patents Stands
33. Are There Patent Infringement Implications of 3D Printing PPE to Help Health Care Workers in the War Against COVID-19? Yes.
34. A Patent Claim is not Indefinite Merely Because Infringement Can’t be Determined in Advance
35. “Method of Preparation” Claims Found Patent-Eligible Under §101
36. Similar Compounds at Overlapping pH’s Created Prima Facie Case of Obviousness
37. Is it possible to patent Bitcoin?
38. Belt Fastener Trade Dress Conveyed as Invalid for Being Functional
39. Patent Pooling and its Contribution to Collaborative IP Attempts at Targeting Patent Access
40. Bad Faith Required to Prevent Speech Regarding Potential Patent Infringement
41. Good Friday 2020 and a History of Easter Eggs According to a Patent
42. Recent IP Law Highlights
43. Why Is The Copyright Office Celebrating That All Our Cute Pet Photos Are Locked Up Under Copyright?
44. Happy Birthday, Statute of Anne
45. French Government Says Google Must Pay French News Agencies For Sending Traffic Their Way
46. French regulator says Google must pay news sites to send them traffic: Officials rejected Google’s plan to stop using snippets in news search results.
47. Instagram’s TOS Authorizes Third-Party Embedding of Photos–Sinclair v. Mashable (Eric Goldman)
48. Senator Tillis Angry At The Internet Archive For Helping People Read During A Pandemic; Archive Explains Why That’s Wrong
49. Computer Service Providers Face Implied Limits on CDA Immunity
50. 3D Printers Recast Virus-Weary Supply Chains
51. TikTok TikTok Boom! The ticking time bomb threat of copyright infringement claims for the burgeoning social media platform
52. IP Protection of Artificial Intelligence in Europe: Tailor-Made Solutions Required
53. When artificial intelligence is the inventor or creator: who claims the rights?
54. In a Bittersweet Victory, Second Circuit Affirms $6.75 Million in Damages to Artists for Destruction of Graffiti Art
55. In Legal Warfare Over HUMVEE Trademarks, the First Amendment Goes Beyond the Call of Duty in Dismissing AM General’s Claims
56. Judge Daniels: Video Game “Call of Duty” Is Allowed to Feature Humvees
57. Duke Nukem Goes Retro in Music Copyright Suit
58. Cooking Mama: Cookstar drama thickens as publisher asserts right to publish
59. Cooking Mama license holder threatens legal action against Cookstar publisher
60. Cooking Mama IP holder taking legal action against Cookstar publisher Planet Entertainment: Planet Entertainment responds, saying it was “fully within its rights” to publish Cookstar
61. Court Dumps Almost All Of A New York Sax Player’s Lawsuit Against Fortnite Over Use Of His ‘Likeness’
62. Epic Games Does a Victory Dance Over Dismissal of Right of Publicity, Privacy, and Trademark Claims but False Endorsement Levels Up
63. Who Owns an Athlete’s Tattoos? The Player? The Tattoo Artist? A Licensor?

Jon