News of the Week; June 24, 2020

INTELLECTUAL PROPERTY

1. Publishers Sue Internet Archive for free access to E-books
2. Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal of Makeup Artist’s Lawsuit
3. Second Circuit Avoids “Making Up” Copyright Ruling Finding Artist’s Claims Preempted
4. Copyright and memes: Drake effect, exceptions to infringement
5. Ninth Circuit Decision Solidifies the Importance of Adhering to Registration Formalities
6. Get ready to explore the boundaries of copyright on a bike before the ECJ (Case C‑833/18 (Brompton))
7. A ride towards copyright for functional designs: could the iconic Brompton folding bike enjoy copyright protection? The view from Milan
8. Copyright: Text and Data Mining – New Rules?
9. Political Campaigns and Unauthorized Music
10. Software patentability in Canada and beyond
11. Copyright Gets In The Way Of Chef Andres’ ‘Recipes For The People’; Because The DMCA Takedown System Is Still Broken
12. Cheez-It Issues A Bogus DMCA Notice To Nuke A Picture It Didn’t Like, Receives Dozens Of Offensive Images In Response
13. Copyright Filters And Takedowns Are Broken: Questlove Says YouTube Flagged Him For Playing His Own Tracks
14. Amazon and Valentino v. Kaitlyn Pan: contractual breach and counterfeiting
15. Kawhi Leonard’s Fight for the “Claw”: An Oregon Court Holds that Nike Owns the “Claw Design” Logo
16. Too vague: Prince Harry and Meghan’s trade mark application refused
17. Another blow for Meghan and Harry’s trade mark strategy? Let’s investigate…
18. Harry & Meghan’s ARCHEWELL US trade mark – not as hopeless as some reports suggest
19. Netflix Outsmarts POTUS On Space Force Trade Mark
20. Don’t Let Your Trademark Go Up In Smoke: “smoking is cool” Branding Is Prohibited Under Canada’s Cannabis Act
21. Supreme Court rules in favour of Apple on trademark debranding
22. NOKIA v Kokiya: the letters of the law
23. Restaurant Industry Insight – Registering a Descriptive Restaurant Name
24. In the company of Jedi´s
25. Unfair advantage? Burlington Arcade successful at CJEU
26. Three key differences between U.S. and Canadian patent law that can affect patent filing strategies in Canada
27. Dropbox’s Patents Invalidated for Patent-Ineligible Subject Matter
28. U.S. District Court Again Finds Patents for Updating Toolbar Without User Intervention Invalid
29. Federal Circuit: Prior Dismissal Bars Customer Lawsuits
30. Non-Infringement Need Not “Be Actually Litigated” to Invoke Kessler Doctrine
31. Non-Infringement Need Not Be “Actually Litigated” to Shield Accused Products From Infringement Liability in Subsequent Actions
32. Regeneron v Kymab and the effect of claim scope on the requirement of sufficiency of disclosure
33. Rights of patentee or general Welfare of the public: which way should the scales tilt?
34. Lifecycle of a smart idea: Patent strategy – Optimising life sciences patents
35. Aces of the skies – the patent dogfight between DJI and Autel
36. FibroGen & Astellas v Akebia & Otsuka – Lord Justice Arnold returns to the Patents Court for monster six patent trial
37. Federal Circuit Patent Update
38. Fun summer inventions and patents
39. A Brief History of Patents & Slavery In Honor of Juneteenth
40. Intellectual property in the time of COVID-19
41. Brexit: implications for holders of intellectual property rights and domain names
42. IP Post-NAFTA: What CUSMA Coming into Force Means for Canadian IP Law
43. Revised draft Guidelines operationalizing the Patented Medicines Regulations: notable changes
44. Intellectual Property – Top tips for Directors
45. Pay to Link?: Canadian Heritage Minister Guilbeault Backs Bringing the Link Tax to Canada (Michael Geist)
46. Heritage Minister raises possibility of link tax for internet companies (Michael Geist)
47. Europeans vow to pursue digital tax plans after US “provocation”
48. Jukin Media Steps In With Copyright Claim After Trump Posts Doctored Video Of Hugging Toddlers
49. Viral TikTok Video From Black Artist Kirby Prompts Pepsi To Rebrand ‘Aunt Jemima’ Products
50. Southern District Says the Post Is the Story: Paparazzo’s Cardi B snaps are fair use when it comes to lipstick and hurled shoes
51. With YouTube Music, Google is holding my speakers for ransom
52. Advertising Falls within Commercial Activity Exception to Sovereign Immunity
53. California court dismisses Magic Leap lawsuit against competitor Nreal
54. Magic Leap’s lawsuit against competitor Nreal thrown out of court: “From the beginning we’ve firmly stated that Magic Leap’s claims against Nreal are meritless,” says Nreal founder
55. Mass DMCA Takedown Requests Issued on Twitch
56. Cheeky Devils left Red-faced – High Court rejects Manchester United’s procedural request in video game case
57. Valve looks to stem tide of racist bots in Team Fortress 2: After months of inaction, Valve quietly works to “mitigate the use of new and free accounts for abusive purposes”
58. Bot mafias have wreaked havoc in World of Warcraft Classic
59. EA Sports renews exclusivity deal with La Liga for FIFA franchise: The extended deal includes a “joint commitment” to pushing further into esports
60. U.S. Patent no. 10,325,266: Rewarding classes of purchasers

Jon