News of the Week; June 3, 2020

INTELLECTUAL PROPERTY

  1. JAVEX vs. JAVELO – Federal Court of Appeal applies Vavilov to first Trademark Opposition Appeal
  2. Lawsuit over online book lending could bankrupt Internet Archive
  3. Italian Public Prosecutor Says Project Gutenberg’s Collection Of Public Domain Books Must Be Blocked For Copyright Infringement
  4. Nothing “Fishy” About Use of Children’s Song “Fish Sticks n’ Tater Tots” in Documentary about Burlesque Dancers, Court Rules
  5. Chalk this One Up to the Utilitarian Nature of a Toy Chalk Holder
  6. Southern District of New York: Embedding Public Instagram Post Does Not Infringe Photographer’s Copyright
  7. Leonard v Nike: Copyright in the Klaw
  8. District Court Mostly Refuses To Terminate The Litigation Testing The Copyright Termination Provision
  9. Protection of store layout under copyright law: the KIKO case
  10. Defendant Must Prove that Copied Portion of Copyrighted Work is Unprotectable
  11. Open Source Software: the Affero GPL, the ‘as a Service’ world and the CAL
  12. SpaceX launch footage was taken down thanks to bogus copyright claim
  13. Just As The Copyright Office Tries To Ignore The Problem Of Bad Takedowns, NBC & Disney Take Down NASA’s Public Domain Space Launch
  14. Copyright Blocks Interview Of Protesters Because Marvin Gaye’s ‘Let’s Get It On’ Was Playing In The Background
  15. Copyright Office Finds DCMA Tilts Away From Copyright Owners; Will Congress Act to Change That?
  16. Conducting Your Way Through Music Licensing: The Most Common Issues
  17. In The Midst Of A Pandemic And Widespread Unrest, Senate Republicans Think It’s Time To Use Copyright To Make The Richest Musicians Richer
  18. Reversing Examining Attorney, TTAB Gives the Green Light to Color Mark Application
  19. Private Prison Company Sues Netflix Over Use Of Logo In ‘Messiah’
  20. Down N’ Out – Down on their luck
  21. Lucky Brand Strikes Gold After SCOTUS Rejects Marcel’s Defense Preclusion Argument
  22. Are GODIVA’s “Belgium 1926” Chocolates Made in Belgium?
  23. Amended Patented Medicines Regulations will come into force on 1 January 2021
  24. Federal Circuit: Patent Eligibility Turns on the Content – Not Length – of the Claims
  25. EPO: Plants and Plant Materials Not Patentable if Exclusively Obtained by Essentially Biological Process
  26. EPO does not follow the US and JEM on Patentability of Plants
  27. Our Top 5 Added Matter Drafting Tips
  28. The importance of IP due diligence
  29. Trump Issues Executive Order Aimed at Curtailing Online Platforms’ Immunity for User Generated Content
  30. Why the USMCA Locks in the Internet Platform Liability System in the U.S., Canada and Mexico (Michael Geist)
  31. Court Discovers Rare and Elusive “Enforceable Browsewrap”
  32. How Social Media Usage Of Popular DIY Hashtags Has Changed
  33. Microsoft sacks journalists to replace them with robots: Users of the homepages of the MSN website and Edge browser will now see news stories generated by AI
  34. Patent Law Alert – AI Machines Are Not Human Inventors
  35. Protecting AI and machine-learning inventions
  36. Scotland’s first “virtual appeal” reaffirms the value of fair comment
  37. Something on Which Even Patent Litigators Can Agree: McRO v. Bandai, Inc. Clarifies the Framework for Enablement Challenges and for Enablement Defenses
  38. Denuvo security software removed from Doom Eternal and Metro Exodus: Despite speculation, removal of Anti-Cheat and Anti-Tamper was not in response to performance issues
  39. Denuvo’s Anti-Cheat Software Now Getting Ripped From Games At Record Speed Too
  40. 30 years later, a lost Days of Thunder NES game recovered from 21 floppy disks
  41. U.S. Patent no. 10,322,336: Haptic braille output for a game controller

Jon