News of the Week; July 22, 2020

INTELLECTUAL PROPERTY

1. “No one can own the law” – United States confirms copyright protection does not extend to works of legislators or judges
2. Forever(ly) Brothers, Forever(ly) Rivals: The Everly Brothers’ Epic Battle Over Authorship of “Cathy’s Clown”
3. Reproduction of infringing content online: who’s liable?
4. Yet Another ‘Stranger Things’ Copyright Suit Over A String Of Likely Non-Protectable Elements
5. Porn distribution company loses piracy suit appeal against Web host
6. Court Reconsiders and Changes Course in Instagram Embedding Case
7. Copyright Win Falls Apart at the Seams on Challenge to Registration Validity
8. Why Are Pizzerias Arguing Whether Web Browsing Is Copyright Infringement?–Imapizza v. At Pizza (Eric Goldman)
9. Court sanctions Liebowitz $103K! Requires service of a copy of the order on all of his clients and filing in all of his cases!! But can the Court do that?
10. Copyright Troll Richard Liebowitz Says It’s Really Unfair That He Should Have To Tell Clients And Courts How Frequently He’s Been Caught Lying In Court
11. Using Music in Podcasts – Talk to the Copyright Holders – Why You Can’t Rely on Your ASCAP, BMI, SESAC and SoundExchange Licenses
12. Amendments to Mexico’s Copyright Legislation, in a Nutshell
13. “I told you NO, you can’t have their number…” – CJEU confirms IP Enforcement Directive does not require disclosure of email addresses, telephone numbers or IP addresses
14. Trademark Licensing in Canada: Everything You Need to Know You Can Learn From The Hells Angels
15. That’s Not My Employment Law Group! A Trademark Battle Between Two Law Firms.
16. Lady Antebellum Changes Name to “Lady A” and Files Trademark Lawsuit
17. British Amateur Gymnastics Association v UK Gymnastics Ltd [2020] EWHC 1678 (IPEC)
18. XOXO mark fails to distinguish, says General Court
19. Trademark Law Alert – “LADY A” Case Could Present Interesting Issues…or Not
20. Brighton & Hove Albion FC seeks trade mark protection for ‘Albion’ – but why?
21. Booking.com Remand on USPTO Attorney Fee Issue Portends Closure on Circuit Split
22. Stone Brewing, One-Time Battlers Of ‘Big Beer’, Out Here Trying To Cancel Non-Confusing Trademarks
23. SCOTUS Alert: Adding “.com” To A Generic Term Can Be A Trademark
24. Supreme Court: ‘Generic.com’ Domains Not Necessarily Generic; May Be Federally Registered
25. Success for Louis Vuitton in pattern trademark dispute
26. Check Mate! Louis Vuitton defends its chequerboard pattern for the second time
27. The EU General Court provides clarification on trademarks consisting of slogans, advertising messages, idiomatic expressions
28. Loss of gravity for the Moon Boot
29. A breakthrough for the luxury trademark ‘Damier Azur’, but the battle is not yet won!
30. Nosecco Appeal of UKIPO Decision Dismissed
31. No-go for Nosecco following opposition by Prosecco
32. Nosecco, Prosecco and the clash between marketing ideas and IP rights
33. Still no perfect trademark for ‘perfect’ energy bar
34. The Michael Jordan Case and The New Balance Case: The Latest Trend in Chinese Trademark Battle
35. Don’t Get Schooled: What You Can Learn from the Wave of Trade Secret Cases That Followed the 2007-2008 Financial Crisis
36. In assessing design patent infringement, the devil is in the details
37. The Federal Court finds compelled disclosure and review of third-party rebates are ultra vires the Patent Act
38. Board Should Fix Obvious Claim Errors in Order to Make a Decision on the Merits
39. Necessity of Articulated Reasoning with Rational Underpinning in an Obviousness Rejection
40. Aerospace to garden hoses: differing opinions in the English Court of Appeal as to obviousness over obscure prior art
41. Functional Limitations vs. Intended Use
42. Publication Does Not Necessarily Defeat Joint Inventorship
43. Collaboration and Concerted Effort are What Result in Joint Inventorship
44. Federal Circuit Upholds Enbrel® Patents and Blocks Biosimilar
45. Who owns patents, SEPs and develops standards for smart home technologies?
46. Modern methods for improving conventional prior-art searches
47. Patentability of Diagnostic Inventions in the United States, Europe and Canada – Part 1
48. Patentability of Diagnostic Inventions in the United States, Europe and Canada – Part 2
49. Zombie Patents? USPTO Issuing Notices of Abandonment in U.S. National Stage PCT Applications After Filing of an RCE where no Inventor Oath or Declaration or Substitute Statement has been Filed
50. Mid-year review of 2020’s major patent cases from across the globe
51. Do you need to put in place an escrow agreement with respect to the software and/or source code that you license?
52. Ontario Government Unveils Intellectual Property Action Plan Along with COVID-19 Research Projects
53. Business Development Bank of Canada Commits $160-Million Fund Geared Towards Canada’s Intellectual Property Development
54. IP Litigation Quarterly Update
55. Q2 2020 Quick Links (Everything) (Eric Goldman)
56. If Twitter Shuts Down Trump’s Account For Repeat Infringement Then Will Trump Fans Finally Realize That Copyright Is The Problem?
57. Copyright Trolling Evolved: Okularity Accused Of DMCAing Social Media Accounts, Then Demanding MILLIONS To Reinstate
58. Amazon.com: more transparency, less counterfeits
59. Is It OK to Embed Instagram Photos? ¯\_(ツ)_/¯
60. DOJ: Chinese hackers stole “hundreds of millions of dollars” of secrets
61. Banksy’s face-mask themed artwork removed from London Underground
62. New Florida Law Gives College Athletes Right to Profit from their Name, Image and Likeness
63. U.S. Patent no. 9,861,896: Method and system for an integrated platform wide party system within a multiplayer gaming environment

Jon