News of the Week; July 15, 2020

INTELLECTUAL PROPERTY

1. U.S. Court Of Appeals Hears Arguments That Lawsuit Against Disney For ‘Pirates’ Shouldn’t Have Been Dismissed
2. Top EU Court Says Online Platforms Must Only Provide Postal Addresses Of People Who Upload Unauthorized Copies Of Copyright Material
3. Neil Young ‘NOT ok’ with Trump playing his music at Mount Rushmore event
4. Legal Implications of Syncing Copyrighted Music with Other Content
5. Meek Mill, Atlantic Records Face Copyright Infringement Lawsuit Over Lifted Lyrics
6. US copyright enters the social media age
7. IP Insight – Brompton Doesn’t Fold Before Court of Justice
8. How Absolutely Desperate Must You Be To Try To Claim That The Answer To ‘Cancel Culture’ Is Stronger Copyright?
9. Are fundamental rights the answer to the deficiencies of EU copyright law, discussed in a European context? (Maria Christina Michailidou)
10. Brexit: Intellectual Property and Software Code Post-Brexit Transition
11. When Paying for It Doesn’t Mean You Own It
12. Conducting your way through music licensing: common issues
13. Random Issues to Consider as Media Businesses Adapt to the New World of the Virus – Music Uses on Zoom and Other Platforms, Unlicensed FM Transmitters
14. A look at recent student athlete name, image and likeness legislation
15. Not all pun and games: Federal Court not amused with cannabis company’s brand parody
16. GOOGLES Wins Right to Sue Google
17. PlanetArt v Photobox offers practical tips for designing UK-targeted apps
18. “Trump Too Small” is Too Personal for Trademark Registration
19. No, Trademark Trolls Collecting Various Fake Names For A Washington Football Team Will Not Get In The Way Of The NFL Team’s Renaming
20. If It Isn’t Perceived as Generic, Then It Isn’t Generic: Takeaways from USPTO v. Booking.com
21. Trade mark rights in generic terms: does the US booking.com decision open the door in the U.S. or Australia?
22. Supreme Court: “Booking.com” Can Be Registered as Trademark
23. The Greek Freak and celebrity trade marks
24. Iconic Ferrari 250 GTO Trademark (Partially) Cancelled
25. Ferrari loses EU trade mark for ‘world’s most expensive car’
26. “Nosecco” lost its sparkle: Logo trade mark application rejected by UK IPO and decision upheld by High Court
27. Owls swoop in to secure WAWAW trade mark
28. Tiger King: Murder, mayhem and misuse of intellectual property
29. A tale of conflicting data sets: filing and litigation statistics paint a contrasting picture of the US trademark landscape
30. Trademarks for Business Owners: 4 (More) Things Every Trademark Owner Should Know
31. I found out about this amusing Karen parody of American Girl dolls because they want it taken down
32. American Girl Brand Sees The Light On Parody
33. Knock It Off, Knockoffs? Ninth Circuit Affirms Trade Dress Rights but Not Fame
34. IBM has a problem with Google’s Open Usage Commons: The ties between the Open Usage Commons and Google may be too strong and clear.
35. Can Trademark Law Combat Price Gouging? 3M is Testing Theories to Protect its Brand
36. Amazon Will Display Seller Identifying Information On Seller Profile Pages – What Does It Really Mean For Brands Trying To Stop Unauthorized Sales?
37. Descriptive marks: marketer’s nirvana or lawyer’s nightmare?
38. Moving on Up: Increased Costs Awards in Canadian Patent Litigation
39. Challenges in Canada: how CIPO is tackling a backlog caused by covid-19, legislative change and Madrid
40. Device Having a Chamber “Loaded With” a Composition Positively Requires Presence of Composition in Device
41. Do Lord Justice Arnold’s comments on Fibrogen v Akebia signify a change in approach to instruction of experts?
42. Patentee’s Failure to Fully Define Non-Standard Physical Characteristic Leads to Invalidity Holding
43. Lights Out for Light-up Shoe Patents Found to Be Obvious
44. Lights Out for Light-Up Shoe Patent, Thanks to Non-Limiting Preamble
45. Reliance on Common Sense Permitted in Obviousness Analysis
46. Electronic Communication Technologies, LLC v. ShoppersChoice.com, No. 2019-1587 (Fed. Cir. May 14, 2020)
47. Cochlear Bone Anchored Solutions AB v. Oticon Medical AB, No. 2019-1105 (Fed. Cir. May 15, 2020)
48. Common Sense in Patents: Makes Sense?!
49. Can One Have Too Many Patents?
50. Patent Assignments: Difficult Decisions in a Difficult Time
51. Patent Analytics Provider Tracks “Examiners Who Procrastinate”
52. A Tale of Two Districts: Patent Trials in the Eastern and Western Districts of Texas During the COVID-19 Pandemic
53. The One Secret Everyone Needs to Know About Patents
54. Canada Announces Accelerated Exam for Pandemic Related Inventions Filed by “Small Entities”
55. China’s Latest Patent Law Amendment Introduces Patent Linkage and Patent Term Extension
56. Keeping a secret: five tips for creating an effective non-disclosure agreement
57. EUIPO Report Names Turkey as the Third Biggest Producer of Counterfeit Goods
58. How Do I Protect Intellectual Property?
59. When Piracy Literally Saves Lives
60. What A Shock: Scammers Are Abusing YouTube’s Notice And Takedown System With DMCA Claims
61. Now That USMCA Is In Effect… Can Congress Even Reform Section 230 Without Violating The Agreement?
62. Americans Disagree On What Content Should Be Moderated, But They All Agree Social Media Companies Suck At Moderation
63. Google Search Results Allegedly Promote YouTube Videos Over More Popular Clips From Competitive Platforms
64. YouTube Now Tells Creators Exactly How Much They Make From Ads, Super Chat, Channel Memberships Per 1,000 Views
65. TikTok Says It Removed 49 Million Videos For Content Violations In The Second Half Of 2019
66. Tiktok deletes 49 million videos for rule-breaking over 6 month period
67. Jason Derulo Says He Makes “Far More” Than $75,000 Per TikTok
68. Registration of generic Top Level Domains (gTLD)
69. The Postdigital Emergence of Memes and GIFs: Meaning, Discourse, and Hypernarrative Creativity (Albin Wagener)
70. Fan Uses AI Software To Lipread What Actors Really Said In TV Series Before Chinese Authorities Censored Them
71. Deepfakes Can Mean Deep Water and Deep Pockets for Your Business
72. Companies Are Selling Cops Access To Personal Data Harvested From Malicious Hacking And Data Breaches
73. California’s Effort to Suppress the Publication of Age Information Violates the Constitution–IMDb v. Becerra (Eric Goldman)
74. France to exactly restore Notre Dame spire, ditching modern designs
75. 8,000 games have been pulled from the App Store in China over missing ISBNs 
76. Over 8,000 games pulled from App Store in China in one week: Apple clamps down on paid games or titles with in-app purchases that have not been approved by Chinese regulator 
77. Unreal Engine devs can now capture facial animation using an iOS app
78. Unreal’s new iPhone app does live motion capture with Face ID sensors
79. Twitch Faces Sudden Stream of DMCA Notices Over Background Music
80. Pokémon Snap had a different kind of focus | Why I Love: Tag Games CEO Marc Williamson believes developers could learn from the Nintendo photo safari’s escapist tourism without pressure
81. Why is this copy of Super Mario Bros. worth a record $114,000?
82. Vintage ‘Super Mario Bros.’ Video Game Sells for $114,000
83. Rare copy of Super Mario Bros sells for a record $114,000: The NES classic seta new standard for vintage game prices at auction last weekend

Jon