News of the Week; May 13, 2020

INTELLECTUAL PROPERTY

1. Wiseau Studio, LLC et al v Harper et al, (2020 ONSC 2504)
2. Ontario Court finds room for fair dealing in documentary on The Room
3. Intellectual Property litigation in the Federal Court
4. Second Circuit Clicks “I Agree” Affirming Website Agreement Protects Web Application from Misappropriation by Users
5. Fair Use Protects a Highly Cropped Photo–Harbus v. Manhattan Institute (Eric Goldman)
6. “I’m [Not] Yours”
7. “I’m Yours” Not Theirs: Jason Mraz Settles Dispute Over Beer Ad’s Allegedly Unauthorized Use of Performance Footage on Instagram
8. Court Of Appeals Affirms Lower Court Tossing BS ‘Comedians In Cars’ Copyright Lawsuit
9. Sixth Circuit Concurrence Fears Courts May Be Groovin’ to the Wrong Tune in Copyright Cases
10. Eleventh Circuit: Guitar Designer Wasn’t Taking a Solo
11. Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit
12. Does copyright subsist in the Brompton Folding Bicycle?
13. Does the Cofemel decision mark the end of “artistic value”?
14. Copyright protection for fabric designs
15. Monkey Business (and Other Animal Non-Rights)
16. Copyright Troll Richard Liebowitz Has Two Separate Courts Sanction Him For His Ongoing Copyright Trolling Failures
17. Supreme Court: Willfulness Not Required for Profits Awards in Trademark Infringement Actions
18. Supreme Court Holds Trademark Infringement Does Not Require a Finding of “Willful” Infringement To Recover an Award of Profits
19. Without a Willfulness Requirement, Is the Path Clearer for Brand Owners to Pursue and Recover Trademark Damages?
20. Supreme Court clarifies rules for remedies in trademark litigation
21. Whether or not there’s a will, there’s still a way to infringers’ profits in Canadian trademark litigation
22. Trademark Law Alert – A Book Title Sometimes May Prevent Registration of the Same Term for Other Goods
23. 2(b) Prohibition On “Flag Marks” Bars Use of Flag as Part of a Mark
24. Coachella may not be cancelled – but its EU trade mark has been
25. Say It With Me Now, Australia: Beer And Wine Are Not The Same Thing, Not Even For Trademarks
26. Freedom of expression counts in trademark law
27. [Insert Yell Here]: Rapper Pitbull Receives Trademark Registration for “EEEEEEEYOOOOOO!” Sound Mark
28. NCAA Issues New Name, Image, Likeness Guidance
29. The Face(David)Off
30. Bongo’s Bingo and Bonzo Dog Doo-Dah cause IP Hoo-Hah
31. SkyKick: High Court narrows Sky’s trade mark protection and criticises the use of trade marks as a weapon
32. Justices Voice Reservations About a Bright-line Genericness Test in Booking.com
33. Can a mathematical mystery be registered as a trade mark?
34. Tiger King – Battle of the Big Cat Trade Marks
35. National Geographic Defeats Trademark Suit Over ‘Wild America’ and ‘Untamed Americas’ Claim
36. Patent Filings Doom Registered Trade Dress in Seventh Circuit
37. Combination Litigation: Recent Software Disputes at the Intersection of Trade Secret, Copyright and Patent Law
38. Federal Circuit Rules that Moving Software to the Cloud Alone Is Obvious
39. Importance of Determining Inventorship Prior to Patent Issuance
40. Patentability of Covid-19 smartphone apps at the EPO
41. Fed. Cir.: Threat of Suit Over Past Infringement Confers Standing
42. The Federal Circuit Dismisses Pfizer’s Appeal for Lack of Standing
43. Object detection in an augmented reality image: insufficiently disclosed
44. Obvious to the Bone: Teva Wins Opposition against Eli Lilly’s Patent Application Covering Osteoporosis Blockbuster FORTEO®
45. Analysis of the innovativeness of “zanubrutinib” from a patent perspective
46. Finite Methods as a Ground for Obviousness
47. The deadlock on the unified patent convention
48. Actions Speak Louder Than Words: Germany’s Highest Court tells SEP implementers that simply saying that you are willing to license is not enough, and hold-out will not be tolerated
49. The UKIPO investigates AI-powered prior art searches
50. How combining blockchain technology and AI could benefit patent analysis
51. The Inventinator: May AI “Inventors” get Patents?
52. USPTO: Artificial Intelligence Systems Cannot Legally Invent
53. Creative COVID-19 Collaborations – IP Agreements that Work
54. White House Identifies Amazon Foreign Domains as “Notorious Markets” for Counterfeit Goods
55. Federal Circuit Patent Update
56. IP Litigation Quarterly Update
57. Amazon Sued For Saying You’ve ‘Bought’ Movies That It Can Take Away From You
58. Choose your quarantine meme house: A taxonomy of the pandemic’s greatest meme hits.
59. Thomson Reuters Accuses Ross Intelligence of Using Bot to Hijack Westlaw Data: Lawsuit against San Francisco-based Ross Intelligence could outline the often adversarial coexistence of copyrights and artificial intelligence.
60. ROSS Fires Back At Thomson Reuters Over Data Case
61. Blurring the Lines: When AI Creates Art Is It Copyrightable?
62. Response to the European Commission’s White Paper on Artificial Intelligence (Elettra Bietti)
63. HRH The Duchess of Sussex v Associated Newspapers Limited [2020] EWHC 1058 (Ch)
64. Nintendo files lawsuit barrage to take down Super Mario 64 PC port
65. Gaming Emote Litigation: Battle Royale Ensues Over Fortnite Emotes with Plaintiffs Testing Different Causes of Action
66. Crytek Delays Launch of Lawsuit Against Star Citizen Devs Before Suddenly Settling
67. Tales From The Quarantine: People Are Selling ‘Animal Crossing’ Bells For Real Cash After Layoffs
68. Devs using Unreal Engine won’t owe Epic royalties on a game’s first $1 million
69. Unreal Engine is now royalty-free until a game makes a whopping $1 million
70. U.S. Patent no. 10,315, 108: Local application quick start with cloud transitioning

Jon