News of the Week; July 8, 2020

INTELLECTUAL PROPERTY

1. Research Libraries Tell Publishers To Drop Their Awful Lawsuit Against The Internet Archive
2. Google v. Oracle and the Future of Software Development
3. The Case of Enola Holmes
4. Estate Of Sir Arthur Conan Doyle Alleges Copyright Infringement Over Sherlock’s Emotional Awakening
5. In Copyright Case Over Photos, the Second Circuit Brings Four Critical Issues into Focus
6. Court Reconsiders Decision About Website Getting License to Embedded Photo from Instagram Terms of Use
7. S.D.N.Y Reconsiders Instagram Embedding By Mashable
8. Sinclair v. Ziff Davis, LLC: Court grants photographer’s motion to reconsider dismissal of copyright case against news site that embedded link to plaintiff’s Instagram image
9. Instagram Rolls Out Ability To Pin Three Comments To The Top Of Any Thread
10. Law firm marketing alert: Blog image violated copyright, photojournalist’s complaint says
11. Copyright, Competition, and Controversy: Press Publishers’ Right under the Copyright Directive
12. News Company’s ‘Digital Audience Director’ Fails To Understand Embedding, Issues Bogus DMCA Takedown Notices
13. Can cloud storage-portals be asked to put in place a filtering mechanism to ferret out infringing materials?
14. Not so elementary
15. Pablo Escobar Estate Sues Atlanta Restaurant
16. Sci-Hub Downloads Boost Article Citations — And Help Academic Publishers
17. Copyright Office Issues Report on DMCA Safe Harbors: Section 512 is “Unbalanced”
18. A functional shape may be protected by copyright rules the CJEU
19. Functional shapes and copyright law
20. Copyright and Trade Marks in relation to Shapes: two European Perspectives
21. Supreme Court Decision in Booking.com: Generic Domain Names Can Be Protected as Trademarks
22. US Supreme Court Holds That Adding ‘.com’ to Generic Name May Create Protectable Trademark
23. Supreme Court Clears the Way for Generic.com Trademark Registrations
24. Consumer Perception Is Key To Registration Of Generic “.com” Marks
25. Supreme Court Rules that “Booking.com” Is Eligible for Trademark Protection
26. SCOTUS Holds That ‘Generic.com’ Trademarks Like Booking.com May Be Capable of Registration
27. Supreme Court Upholds Booking.com Trademark Registration
28. Supreme Court Rejects PTO “Generic Term” Rule
29. U.S. Supreme Court Allows Booking.com to Trademark Its Domain Name
30. SCOTUS Eliminates Bright Line Rule Against Generic Term and Top Level Domain Name Trademarks
31. Generic + Generic = Protectable Trademark
32. U.S. Supreme Court rejects categorical rule that generic term plus “.com” results in a generic composite
33. Should I File for My Trademark + ‘.COM?’ It Depends
34. Supreme Court Promotes Weaponization of Generic Domain Names–USPTO v. Booking.com (Eric Goldman)
35. Manchester United Alleges Trademark Infringement through Third-Party Mods to Football Manager
36. Trademark Battle Heats Up Over Fizzy Way To Cool Down
37. Black Lives Matter in trademarks and branding
38. More Disputes Over Trademarked Area Codes. Why Is This Allowed Again?
39. Pairing Unsuccessful: Bluetooth and Fiat Denied Summary Judgment in Suit over Unauthorized Use of BLUETOOTH Marks
40. The G.O.A.T. Trademark Registration Stands, and the Goats With It
41. easyJet opposes Easy Nurse at the UKIPO
42. The General Court looks at distinctiveness of the XOXO mark
43. CJEU annuls EUIPO’s trade mark invalidation of Louis Vuitton’s Damier Azur pattern
44. Hermès: How WWII shortages led to the creation of an iconic brand
45. Prosecco celebrates a non-alcoholic win
46. ‘Nosecco’ is a no-no, says the High Court
47. A clear NO to Nosecco! High Court of Justice rejects the appeal in a new chapter in the bubble war. The protected designation of origin “Prosecco” is an obstacle to the registration of the trademark “Nosecco”
48. Trademark Enforcement Tips and Traps: Navigating Canada’s Trademark System One Year After the Major Changes
49. The protection of wine geographical indications: legislative efforts since Pliny
50. Federal Court releases decision on validity of the Amending Regulations of the Patented Medicines Regulations
51. Granting Security Interest in Patents Did Not Deprive Patent Owner of Standing to Sue for Patent Infringement
52. UK Supreme Court upholds appeal by biotech firm Kymab to revoke antibody patents held by US giant Regeneron
53. Patenting the future? Kymab prevails in the battle of the mice
54. Regeneron Patents Revoked for Claim Breadth
55. G 3/19: plants produced by essentially biological processes are excluded from patentability
56. European Patent Office did not grant a patent on concept of linking customer data with a key instead of personally identifiable information to improve privacy protection.
57. Nanotechnology patents: challenge for industrial property and its regulations
58. Crystal clear? Patenting polymorphs in Europe
59. Federal Circuit: Digital Guitar Instruction Patent Directed to an Abstract Idea
60. Federal Circuit: Common Sense May Substitute For Elements Not In The Prior Art
61. Federal Circuit Emphasizes Role of Common Sense in Obviousness Analysis
62. Patents Claiming a Range of Values, Such as Gate Sizes for Semiconductor Chips, Must Enable One of Ordinary Skill to Make and Use the Entire Claimed Range
63. Double Patenting: A comparative guide between U.S. & Canadian practice
64. Global patent strategies in the world of tech & engineering
65. Intellectual Property in the Cloud: The Patent Troll Threat
66. PODCAST: Patent Troll Litigation is on the Upswing
67. The space IP race: protection and enforcement of your orbiting assets
68. US DoJ Report Recommends Curtailing Immunity of Online Platforms for User-Generated Content
69. Protecting inventions which use Machine Learning and Artificial Intelligence
70. When your AI starts to invent: Hot topics in patenting AI-generated inventions
71. WIPO’s revised paper on IP policy and AI
72. PES loses licenses for AC Milan and Inter Milan: Unrenewed agreements will not affect eFootball PES 2020 or myClub, but likely to affect PES 2021 and other future gamesGoogle makes its Maps Platform gaming solution available for all mobile developers 
73. U.S. Patent no. 10,029,177: System and method for a videogame with a secondary metagame
74. U.S. Patent no. 10,078,410: System to locomote an entity in three dimensional space

Jon