News of the Week; April 22, 2020

INTELLECTUAL PROPERTY

1. Access Copyright v York University: York Wins re “Mandatory Tariff” and Loses re Fair Dealing Guidelines (Howard Knopf)
2. Two Montreal lawyers file application to trademark the term COVID-19
3. A Copy of a Copy of a Copy: Internet Mimesis and the Copyrightability of Memes (Elena Elmerinda Scialabba)
4. All’s Fair in Love and War . . . So What About Fair Use in the Time of Coronavirus?
5. 3M files lawsuit in Canada against firm accused of price gouging on N95 masks: Ontario company allegedly claimed a phoney affiliation with the U.S. medical-gear maker
6. Court Rules Photographer Gave Up Exclusive Copyright Licensing Rights by Posting to Instagram.
7. Instagram Terms of Use Allows Mashable to Avoid Copyright Infringement Claim for Embedded Content
8. It’s not infringing if it’s an authorized embedding
9. Kendall Jenner Sued for Posting Video of Kendall Jenner
10. Keeping Up with Copyright: Kendall Jenner Sued for Infringement over Instagram Video
11. Cortés-Ramos v. Martin-Morales, aka Ricky Martin: In copyright suit against pop singer Ricky Martin, Court dismisses based on plaintiff’s failure to plead registration with Copyright Office should be without prejudice
12. Purohit v. Legend Pictures, LLC: In suit alleging that film infringed on plaintiff’s book featuring mythological figure Krampus, court dismisses plaintiff’s claims, finding no substantial similarity between works
13. An Untimely Copyright Lawsuit About a Timeless Guitar
14. Making waves: Nike and Footlocker face challenge from the makers of ‘The Endless Summer’ film
15. Copyright protection for original clothing designs
16. Self-driving startup Zoox settles Tesla lawsuit, lays off 100 workers
17. What’s Your Type? Intellectual Property Rights In Fonts And Typefaces
18. What’s your type? Intellectual Property Rights in Fonts and Typefaces
19. Constructing a firm foundation for copyright protection
20. SCOTUS Redefines State “Piracy”
21. CJEU’s in Coty v Amazon: storing without knowledge of infringement is not itself infringement
22. Trademark infringement: Liability for counterfeit goods
23. Balmain case highlights risk of using specialised public with low distinctive character marks
24. INTA releases brand valuation report, offers blueprint to put trademark professionals at centre of conversation
25. Implementation of the E.U. “Trademark reform package” in France: the French TM Office now competent to invalidate or revoke trademark registrations
26. Trade Dress Update: Federal Circuit Holds that Multi-Colored Product Packaging Marks May Be Inherently Distinctive
27. The Federal Circuit Reconsiders the Inherent Distinctiveness of Color Marks in In re Forney
28. You can’t be blue anymore: Blame colour monopolies
29. Bad Spaniels Dog Toys — Expressive Art or Noisy Trademark Infringers?
30. Adding another dimension to your trademark portfolio: Securing registration in 3D trademarks
31. How Will SCOTUS Resolve the Circuit Split on Recovery of Profits for Trademark Infringement?
32. The impact of Brexit on the resale of software licences
33. The Simpsons Shows Precisely How One Should Handle Derivative Homage Works
34. Dog Toy Maker Wins Big in Appeal Against Jack Daniels
35. Jack Daniels Gets Chewed Up In Trademark Case Over ‘Bad Spaniels’ Doggy Chew Toy
36. Trademark Owners Can Protect Themselves from Unauthorized Distributors Price Gouging in Their Name
37. Trade Secret Litigation: Activity on the Rise
38. 3D printing — the value of patents for the future of manufacturing
39. Australia Takes Its First Baby Steps On the Road To A Right-To-Repair Law, With A Consultation About Tractors
40. IP protection in the autonomous vehicle space
41. Open COVID Pledge Rolled Out to Make Patents and Other IP Available for COVID-19 Response
42. Patents and Their Role in a COVID-19 Cure
43. Key IP Considerations in Corporate Venture Capital Transactions
44. The pursuit of balance between antitrust laws and Intellectual Property
45. EU’s proposed post-Brexit trade agreement: three key IP takeaways for life sciences
46. COVID-19 and its effects on Intellectual Property
47. Innovation’s Relationship with IP and Antitrust Laws in Times of Crisis
48. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising) (Eric Goldman)
49. 2H 2019 and Q1 2020 Quick Links, Part 2 (Trademarks/Keywords) (Eric Goldman)
50. 2H 2019 and Q1 2020 Quick Links, Part 3 (FOSTA/Backpage) (Eric Goldman)
51. Another Terrible Copyright Ruling on IAPs’ Liability for Users’ File-Sharing–Warner v. Charter (Eric Goldman)
52. Australia Gives Up Any Pretense: Pushes Straight Up Tax On Facebook & Google To Pay News Orgs
53. No more negotiating: new rules could finally force Google and Facebook to pay for news
54. Uber accuses Levandowski of fraud, refuses to pay $179M Google judgment
55. A Snap Shot on Inadvertent Licensing Through Social Media
56. How 3-D printing is helping the US fight medical equipment shortages and the coronavirus pandemic
57. The race to save the first draft of coronavirus history from internet oblivion: How researchers, archivists, and citizens are racing to preserve a record of we lived and changed during this strange period of history
58. Chinese Dreamwriter Decision: a Dream Come True for AI-generated Works?
59. When artificial intelligence is the inventor or creator: who claims the rights?
60. A note on artificial intelligence and intellectual property in Sweden and the EU
61. Selena Gomez suing fashion game makers for using likeness without permission
62. Selena Gomez suing Chinese mobile publisher over using her likeness: Singer says she did not agree to appear in Clothes Forever – Styling Game, decries “unsavoury” microtransactions
63. NBA 2K Avoids Tattoo Copyright Infringement in Three Ways
64. Video Game Tattoo Copyright Litigation: LeBron Scores a Slam Dunk While WWE Still Wrestling with Allegations
65. Epic Sues Game Tester Over Trade Secret Breach
66. Epic Games Dances Around Infringement Claims as Court Finds Transformative Use
67. Cooking Mama creator threatens lawsuit over “unauthorized” Switch launch
68. Gaming Emote Litigation: Battle Royale Ensues Over Fortnite Emotes with Plaintiffs Testing Different Causes of Action
69. Valve confirms code leak for two online games
70. U.S. Patent no. 10,290,142: Water surface rendering in virtual environment
71. U.S. Patent no. 10,286,328: Modular accessory for video gaming

Jon