News of the Week; May 27, 2020

INTELLECTUAL PROPERTY

1. Clorox v Chloretec: The Application of Vavilov in the Trademarks Context
2. Chalk One Up to the Knock-Off
3. Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea
4. Led Zeppelin‘s Stairway to Heaven found not to infringe copyright in Spirit’s instrumental, Taurus
5. The Second Circuit Affirms the Dismissal of Copyright Claims against Seinfeld over Comedians in Cars Getting Coffee
6. Second Circuit Limits Copyright Damages To Three Years Preceding Suit
7. Copyright Damages Limited to Three Years Before Lawsuit Filing
8. Paparazzi Suit Victims Try Unconventional Plays
9. And the winner of the prize for best legal click bait headline from the NYT so far this year is …
10. How A Feud Among Wolf-Kink Erotica FanFic Authors Demonstrates What The Copyright Office Got Wrong In Its DMCA Report
11. Jerry Seinfeld Gets To Keep Driving Comedians In Cars Getting Coffee*
12. Justices form unique alliances in holding Georgia’s annotated code not protected by copyright; Thomas dissent presses for closer review of precedent
13. U.S. Supreme Court: States Cannot Copyright Legal Code Annotations
14. Eighth Circuit Holds Business Information Database Copyrightable, Affirming $11.2 Million Jury Verdict
15. CRS Examines IP Rights Abroad, Considers State Sovereign Immunity in Copyright Suits
16. The rental of cars fitted with radio receivers does not constitute an act of unauthorised communication of musical works to the public (case c-753/18)
17. Copyright Office Finds Aspects of the DMCA “Unbalanced” in Favor of Online Service Providers
18. Designs and copyright protection: UK drifts closer towards Europe
19. Stretching Copyright: Protecting online fitness workouts
20. Lack of evidence of non-use and confusion result in POKEWORKS trademark remaining on the register
21. Three Point Shot: Jordan’s Last Dance in Trademark Dispute Scores Big in Chinese Top Court
22. Some Brands Have All the Luck
23. US Supreme Court Rejects ‘Defense Preclusion’ in Trademark Suit
24. Supreme Court Clarifies Concept of Defense Preclusion Through Lucky Brand Trademark Battle
25. Supreme Court Rules Defense Not Barred in Subsequent Action Involving Different Trademarks, Conduct and Claims
26. Recent Federal Court Decision Reaffirms Exceptions to First Sale Doctrine for Brands Bringing Trademark Claims Against Unauthorized Resellers
27. Tax Service’s Registered Trademark’s Suggestiveness Presented Jury Question
28. Replacing Rogers Test with “Genuine Artistic Motive” Test Doesn’t Change the Finale in Dispute Over WILD AMERICA
29. The Impact of Romag Fasteners Inc. v. Fossil Inc.: Willfulness Is Not Required For An Award Of Profits In Trademark Infringement
30. What the Supreme Court’s Romag Decision means for trademark infringement and damages
31. ‘Maybe’ Is Not Enough: Foreign Business Fails to Obtain Declaratory Judgment for Potential Use of Trademark
32. Third judgement in Sky v SkyKick – Louise Foster and Sarah Darby provide some take-away thoughts
33. Tiger King Trademark Troubles
34. A Lesson From Tiger King: Corporate Separateness
35. General Court “shades” some light on 3D trademark registration
36. Can you trademark a design in the EU?
37. The Intersection of Trademarks and Open Source
38. Trademarks rocket while designs level off: UKIPO releases latest annual filings data
39. Pepper trumps Broccoli: EPO finds products produced by essentially biological processes are not patentable
40. A Dynamic Reversal by the EPO’s Enlarged Board of Appeal
41. Joint Inventorship Claim for Online Dating Patent Ends in Heartbreak, Attorneys’ Fees Award
42. Augmented Reality/Virtual Reality Litigation Update: AR Design Innovations Litigations
43. Determining the Article of Manufacture in Augmented Reality and Virtual Reality Design Patents
44. Design Patents: An Underutilized Tool for Protecting Sporting Goods
45. Rise in extended reality technology patents suggests market revival
46. Common Patent Misconceptions – Myth #3: My idea is too obvious for patenting.
47. Clarifying the patentability of medical use inventions in China
48. Intellectual Property Issue-Spotting: Common Themes in Recent Ad Campaigns
49. Federal Circuit Patent Update
50. Protecting intellectual property in the fashion industry – debunking the myths – PART ONE: copyright and patents
51. Protecting intellectual property in the fashion industry – debunking the myths – PART TWO: Unregistered Design Rights and Registered Designs
52. Protecting intellectual property in the fashion industry – debunking the myths – PART THREE: Registered and Unregistered Trade Marks
53. Copyright protection of fashion designs in Spain after Cofemel
54. Grandmother ordered to delete Facebook photos under GDPR: Woman must delete photographs of her grandchildren posted on Facebook and Pinterest without their parents’ permission, a court in the has ruled.
55. The Intersection of Artificial Intelligence, COVID-19, and Copyright
56. S-Town Podcast Lawsuit Settled – Reminder on Getting Releases from Podcast Subjects
57. Digital Media and the Right to Be Forgotten
58. Court Tells Grandma To Delete Photos Of Grandkids On Facebook For Violating The GDPR
59. Manchester United sues Sega over Football Manager trademark use: Sega and developer Sports Interactive reply that club’s name, logo have been used since 1992 “without complaint”
60. Rainbow Six: Siege clone Area F2 has been taken offline following lawsuit from Ubisoft
61. G2A confirms stolen game key sales, pays $40,000 to Factorio devs
62. G2A to pay Factorio dev $39,600 after allowing illegal game key sales
63. First Amendment May Protect Use of Trademarks As Artistic Expression: AM General LLC v. Activision Blizzard, Inc. et al.
64. U.S. Patent no. 10,315,119: Video game with concurrent processing of game-related physical objects
65. “Abstract Assertion of Breadth” Does Not Prove Non-Enablement: Patent on method of animating faces invideo games

Jon