News of the Week; May 6, 2020

INTELLECTUAL PROPERTY

1. York University statement on recent court decision regarding Access Copyright
2. Supreme Court May Weigh In on the Legality of Data Scraping
3. Supreme Court Offers Guidance Regarding Eligibility of State Legislative Records for Protection Under the Copyright Act
4. Allen v. Cooper and Georgia v. Public.Resource.org: The Supreme Court Navigates the Relationship Between State Government and Federal Copyright Law
5. Jennifer Lopez sued for copyright infringement
6. Once Upon a Time: Everything was Copyrighted
7. 11th Circuit Tells Guitar Maker to Take a [Pantera] Walk on Delayed Copyright Claims
8. Ricky Martin’s “Vida” Lives On, but Plaintiff Will Get Another Shot at It
9. Hiring out cars with radios is not a “communication to the public”
10. IP in Street Arts
11. Surely Not The Equivalent Of The Mona Lisa?*
12. EU Joins In The Bullying Of South Africa For Daring To Adopt US-Style Fair Use Principles
13. IP Alert: Two Recent IP Rulings Have Far-Reaching Consequences
14. Show me the money: Supreme Court rules that trademark infringers may disgorge profits even if the law was not willfully violated
15. Supreme Court Raises the Stakes Against Unauthorized Resellers: Willfulness No Longer Required for Manufacturers to Obtain Profits in Trademark Cases
16. Court Sides With Nike And Dismisses Kawhi Leonard’s Lawsuit Over ‘Klaw’ Logo
17. Remix Culture Done Right: Wes Tank Mashes Up Dr. Seuss With Dr. Dre (And So Far The Copyright Police Have Left Him Alone)
18. Can Smells be Trademarks?
19. Ardbeg v AlbergWhisky
20. Luxury Arcade Game Win
21. Lion’s head trade mark not sufficiently distinctive for Parisian brand Pierre Balmain
22. Bentley Clothing wins trade mark battle against Bentley Motors
23. Highest EU court pours hot water on Coty v Amazon case
24. High Court disarms ‘weaponised’ TMs in landmark ruling
25. There are more things …than are dreamt of in your philosophy: Damages for infringing a revoked and unused trademark? Yes says the CJEU…
26. C‑622/18 – AR v Cooper International Spirits LLC and Others – Damages for trade mark infringement possible where trade mark revoked for non-use
27. Sky v Skykick – High Court decision
28. Skykick liable for infringement of Sky’s trade mark registrations even after they are held to be partially invalid
29. Are second hand sales use of a registered trade mark?
30. SCOTUS Livestreams Oral Arguments on BOOKING.COM Trademark Registerability
31. As Twisted as Cheese!
32. Supplementary protection for vaccines: Canada diverges from Europe
33. USPTO Reports on Examination Outcomes Post-Alice
34. U.S. Patent Office Report Shows Improving Post-Alice Patent Examination Outcomes
35. Fish Hook Claims Can’t Catch a Patent
36. Fishing for Eligibility in Murky Waters
37. Wurst Case Scenario: Sausage Tray Design Patent Found Obvious
38. An Invention That Changes the Normal Operation of a System Is Not Abstract Under § 101
39. A History of the Solar Cell, in Patents
40. Wearable Technologies and Intellectual Property: Stand Alone Software and Software as Medical Devices
41. Patent Infringement for the Public Good
42. Patents – public interest argument fails in medical devices case
43. Most number of Patent Applications filed by?
44. Patent Litigation Filings on the Increase with the COVID-19 Pandemic
45. We’re Saved! Company Claims It’s Patented ‘Containing the Spread of Disinformation’ And Will Stop COVID-19 Disinfo
46. A Sure Way to Ruin My Day: The Phrase “Enforceable Browsewrap”–HealthplanCRM v. Avmed
47. Is It Illegal to Prohibit Online Selling?: High Court has ruled on whether it is illegal for a business to restrict online selling by its retailers under competition law – Ping Europe Limited v Competition and Markets Authority
48. Ninth Circuit Revives Class Action Suit against Facebook for Selling Users’ Browsing History
49. Counter-archiving Facebook (Anat Ben-David)
50. Eko’s Tech Theft Lawsuit Against Quibi To Be Funded By New Investor Elliott Management Corp. (Report)
51. The Black Box and Japanese Discourses of the Digital (David Humphrey)
52. After the Tech-Lash: Digital Policy Priorities in the Post-Pandemic World (Michael Geist)
53. Jukebox: Introducing Jukebox, a neural net that generates music, including rudimentary singing, as raw audio in a variety of genres and artist styles. We’re releasing the model weights and code to explore the generated samples.
54. To Invent is Human: U.S. Patent and Trademark Office Rejects AI System as an Inventor
55. US patent office rules that artificial intelligence cannot be a legal inventor: Only ‘natural persons’ need apply
56. Does An Invention Discovered With Artificial Intelligence Obtain Patent Protection?
57. Ha Ha, Our New Robot Overlords Can’t Get Patents
58. USPTO denies patent application for invention by AI
59. USPTO Rules Artificial Intelligence Cannot Be Named As Inventor for Patent Application
60. Who Owns the Ink?
61. Sony says The Last of Us Part 2 leak didn’t leak from employees
62. Sony says major The Last of Us Part 2 leak didn’t come from employee
63. Video Games: What’s in for the ‘Look and Feel’?
64. Are bootleg game soundtracks damaging the industry?: The popularity of video game music clashes with its lack of availability in physical formats — we examine both sides of this complex issue
65. Fans Port Mario 64 To PC And Make It Way Better, So Of Course Nintendo Is Trying To Nuke The Project
66. Generating Game of Thrones characters in Skyrim’s character creator
67. Beyond emulation: The massive effort to reverse-engineer N64 source code
68. Roblox believes user-generated content will bring us the Metaverse
69. THQ Nordic and Koch Media trade IPs: Franchise swaps put Red Faction and Risen series closer to their original developers; Painkiller, Sacred, and more change hands
70. Cedar Lane Technologies Inc. v. Corel, Inc.
71. Finnish studio Dazzle Rocks nets $6.8 million to build social sandbox MMO
72. Dazzle Rocks raises $6.8m for new social sandbox game: Galaxy Interactive leads Series A funding for Helsinki studio
73. U.S. Patent no. 10,313,679: Systems and methods for encoder-guided adaptive-quality rendering

Jon