News of the Week; April 29, 2020

INTELLECTUAL PROPERTY

  1. Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision (Michael Geist)
  2. The LawBytes Podcast, Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic (Michael Geist)
  3. Access Copyright v. York – The Next Chapter
  4. Federal Court of Appeal Finds That Tariffs Certified by the Copyright Board Are Not Mandatory, and Fair Dealing Guidelines Are Not a Shield
  5. Canadian Publishing Group Says France Has The Right Idea, Presses For Its Own Google Tax
  6. Digital books and ownership rights in the information age
  7. Too Late Blues for Guitar Maker’s Copyright Ownership Claims
  8. Photographer Prods Actress Ellen Barkin With Copyright Infringement Suit
  9. From Tiger King To Censorship King: Copyright Lobbyist Cheers On SLAPP Copyright Suit Featured In Tiger King
  10. UNESCO Suggests COVID-19 Is A Reason To Create… Eternal Copyright
  11. Fash-Shunned: Selena Gomez Sues Fashion App for $10 Million for Allegedly Using Her Name and Likeness Without Permission
  12. Supreme Court Says Georgia’s ‘Official Code’ Is Public Domain — Including Annotations
  13. Supreme Court rules Georgia can’t put the law behind a paywall
  14. Supreme Court holds that Georgia cannot copyright the annotations to its laws
  15. SCOTUS Rules No Copyright in Official Annotated State Code
  16. Supreme Court says state laws aren’t copyrightable
  17. Mr Worldwide’s Great American ‘Scream’ – Protection granted for Pitbull’s famous yell
  18. Don’t POKE a trademark unless you have sufficient evidence to invalidate it
  19. Is it a bird? Is it a plane? No, it’s an infringement of a reputable mark!
  20. Battle of the ‘McGregors’ – UFC Champion loses legal battle in the EUIPO ring
  21. Hugo Boss versus Hugo Boss: Lessons from Lycett’s Antics
  22. Cyprus corrects halloumi trade mark mishap
  23. Supreme Court Decides Romag Fasteners, Inc. v. Fossil Group, Inc.
  24. US Supreme Court Rejects Willfulness Requirement for Profit Awards in Trademark Infringement Cases
  25. Supreme Court Confirms Profits Remedy in Trademark Cases is Not Conditioned on Proof of Willfulness
  26. High Court Rules That ‘Willful’ Trademark Infringement No Longer Required for Award of Profits
  27. Supreme Court Holds Disgorgement of Profits Available Absent Willfulness, for 1125(a) Infringement
  28. U.S. Supreme Court Holds That Plaintiffs Need Not Prove “Willful” Conduct to Recover Profits in Trademark Infringement Suits
  29. Supreme Court: Willfulness Unnecessary for Disgorgement of Infringer’s Profits Award in Trademark Cases
  30. U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases
  31. Comic-Con Canceled — But Comic-Con Trademark Survives
  32. Open COVID Pledge and Free Licensing Opportunities: Issues to Consider Before Accepting
  33. Conversant v Apple: old tech, new tricks
  34. Lawyers question need for Patent Act amendments as companies share IP during COVID crisis
  35. Canadian Federal Court’s Notice of Experimental Testing is Inapplicable to Testing Conducted Prior to Litigation
  36. Federal Circuit Feels the Beating of a Heart: CardioNet v. InfoBionic
  37. Federal Circuit Revives Cardiac Monitoring Patent, Not Directed to an Abstract Idea
  38. Federal Circuit: A Patent That Performs Computation Is Not Abstract, Is Patentable
  39. Claims Directed to Improved Cardiac Monitoring Technology Are Patent Eligible Under 35 U.S.C. § 101
  40. US Patent Office: Supreme Court Made Us Reject More Patents, But We’ve Now Fixed That And Are Back To Approving Bad Patents
  41. Library of Congress Launches Open-Source Hip-Hop Sampling Tool: Producers will have access to the library’s vast audio collection, which dates back more than a hundred years
  42. Melody makers
  43. Disney Says If You Tweet #MayThe4th At It, You’re Agreeing To A Disney Terms Of Use (You’re Not)
  44. Jay-Z Claims Copyright On Audio Deepfake Of Him Reciting Hamlet
  45. Looking for Likes: Social Media Post Results in Unintended License to Share Photograph
  46. USPTO: AI Cannot Be Named as Inventor on Patent
  47. “But It’s a Photo of Me!”-Celebrities Face Legal Action for Unauthorized Use of Images on Social Media
  48. Trials of Mana demo taken down after crackers use it to enable piracy
  49. How Bohemia’s “almost accidental” mod support became a staple of the studio: Karel Mořický talks about the benefits and challenges of the Arma and DayZ studio’s community development efforts

Jon