News of the Week; July 29, 2020

INTELLECTUAL PROPERTY

1. Print-on-Demand Vendor Doesn’t Qualify for DMCA Safe Harbor–Feingold v. RageOn (Eric Goldman)
2. CBS’ overzealous copyright bots hit Star Trek virtual Comic-Con panel
3. Viacom’s Copyright Bots Take Down ‘Star Trek’ Comic-con Panel Because These Bots Suck Out Loud
4. Reagan Foundation Tells President Trump and the RNC to Stop Using Reagan for Fundraising Purposes
5. Fight or Flight
6. Legal implications of syncing copyrighted music with other content
7. Marano v. Metropolitan Museum of Art
8. Hot topics in media and entertainment – Right of publicity: Evolving law around the use of a person’s name or likeness in documentaries and docudramas
9. Makeup Art May Be Copyrightable, Says Second Circuit
10. Publisher Decries Damn Libraries Entertaining The Masses Stuck At Home For Free
11. Engineering Drawings: A Case of Copyright or Design
12. Copyright protection granted to computer programs
13. DNA Company Accidentally Exposes Opted Out Users’ Data To Law Enforcement
14. Any Way You Slice It, D.C. Circuit Holds That &Pizza Can’t Get Piece of @Pizza
15. Ch-Ch-Ch-Chia Pet Just Applied For Trademark On Jingle For Some R-R-R-Reason
16. Sky v SkyKick battles on but permission to appeal granted: more uncertainty for brand owners
17. Redskins Re-Brand: Did Trademark Speculator Fumble?
18. Flagging the importance of Trade Mark choice
19. Federal Circuit Holds Cancellation Standing Does Not Require Proprietary Interest in Asserted Mark
20. Supreme Court: “Generic.com” Trademarks May Be Registered if Consumers Do Not Perceive Them as Generic
21. Damages still available for infringement even where trade mark revoked
22. Stone Brewing Is Very Upset That People Don’t Like Its Trademark Bullying
23. Reputation and the power of the influencer: Sugar Bear Hair v Beauty Bear
24. The real IP issues with virtual influencers
25. Cannabis Industry Insight – U.S. Trademark Registrations Continue to be Denied for Foods and Dietary Supplements containing Hemp-Derived CBD
26. Trademarks: ‘HERBS R US Design’ Found to Depreciate the Goodwill attaching to the ‘TOYS R US Design’
27. Certification Mark Protectability
28. A grey area? How to register colours as trademarks
29. Equipping U.S. Rightsholders with the Tools to Deal with the Challenges of 3D Printing
30. EPO filing statistics: is 3D printing due some hype (again)?
31. Playing Keep-Away: Protecting Your Trade Secrets in a Remote Work Environment
32. On redetermination, PMPRB concludes that Galderma’s patent ‘pertains to’ DIFFERIN
33. Around 1600 viewers register for live video stream of computer software patent case
34. Federal Circuit Explains When You Can Ignore the Words Before the Colon in a Patent Preamble
35. The Federal Circuit Provides a Refresher on Joint Inventorship
36. Independently Performed, Publicly Disclosed Prior Work Can Lead to Joint Inventorship
37. Federal Circuit Confirms Joint Inventorship on Nobel Prize Winner’s Cancer Treatment Patents
38. Then You Didn’t See Them; Now You Do: Co-Inventors Added
39. Judge Matsumoto Holds That “Very Small Side Load” Is Indefinite and That “Retention Element” Is a Means-Plus-Function Claim Limitation
40. Weight Loss Patent Application Does Not Survive Section 101 Scrutiny
41. Dead on Arrival? Federal Circuit Majority Finds That Substitute Claims Live On (Uniloc v. Hulu: Part 1)
42. IP Alert | Federal Circuit Affirms Alice’s Applicability in IPR Proceedings
43. Extendable hose patent appeal unravels before the Court
44. Fractured Federal Circuit Panel Finds That Sovereign Immunity Does Not Prevent Exclusive Licensee from Pursuing Unlicensed Infringement Alone
45. Disclosure of “Preferred” Compounds Having a Complex Chemical Structure May Teach Away from Simpler Compounds Encompassed by a Broad Chemical Genus
46. TopGolf Wins Patent Appeal
47. You Can’t Clasp That: Judge Schofield Finds No Infringement Under Doctrine of Equivalents Due To Prosecution History Estoppel
48. Federal Circuit: Licensees’ Failure to Mark Eliminates Entitlement to Pre-Suit Damages
49. Diamonds are forever, but patents can tell us about the next 20 years
50. Projection effects in a 3D motion graphical user interface: non-technical
51. Dissecting the Regeneron v Kymab mouse case – what it says and its impact on patents
52. Patent first, science later: the Federal Court’s ‘clear and unmistakable direction’ to patentees
53. The Game Begins: Strategies for the Early Stages of Patent Litigation – The Claimant’s View
54. US Patent Litigation
55. Participation of Women Inventors in the US Patent System Is Increasing Slowly but Surely
56. Patent Trivia – Fun with Some Facts about Patents
57. Tech And COVID-19: Stop Using Video Game Graphics For Fake Crowds, Fox
58. Google reportedly peeks into Android data to gain edge over third-party apps: Google is already under investigation by Congress, DOJ, and 50 state AGs.
59. Woz sues YouTube over “bitcoin giveaway” scam videos using his name
60. Apple Cofounder Steve Wozniak Sues YouTube For “Unapologetically Hosting” Bitcoin Scammers
61. Apple Publishes Study Which Defends Its 30% App Store Cut
62. Apple defends its controlled ecosystem in the face of antitrust investigation: Commissioned study says digital marketplaces “need governance to thrive,” reiterates that 30% cut is standard
63. Epic Games’ Sweeney calls out Apple, Google for ‘exploitative’ platform fees
64. Tim Sweeney: Apple has “gone crazy” over rev share approach: “Apple has no right to take any percent of any company’s revenue just because they made the phone people use to access the stuff,” says Epic Games founder
65. Geotagged Social Media Posts Didn’t Support Personal Jurisdiction–Court of Master Sommeliers v. Pilkey (Eric Goldman)
66. Unauthorized Amazon Seller Enforcement: Two Metrics That Matter and Two That Don’t
67. Spotify Says Listening Time For Its 1.5 Million Podcasts More Than Doubled Last Quarter
68. Creator-Owned Streaming Service Nebula Hits 100,000 Monthly Paying Subscribers
69. Japan’s Top Court Says 45 Million Twitter Users Must Check That Anything They Retweet Is Not A Copyright Infringement
70. After Standoff, TikTok Signs Multi-Year Deal With National Music Publishers Association
71. Instagram’s TikTok Competitor, Reels, Is Reportedly Looking To Poach Creators With Six-Figure Payments
72. TikTok Establishes $200 Million Fund To Get Its Creators Paid
73. Are AI produced works protectable under Copyright Law?
74. Deepfakes: An EU and U.S. perspective
75. CBP Has Access To Billions Of License Plate Images Collected By Private Companies
76. Rite Aid deployed facial recognition in hundreds of stores, report finds
77. Huge apparent leak unearths Nintendo’s prototype history
78. A scrapped Luigi, unused Pokemon sprites & more dug up in retro Nintendo leak
79. Report: Twitch viewership grew by 56% in Q2 
80. Livestreaming pandemic surge sustained through Q2: StreamElements says hours watched on Twitch jumped 56% over first quarter of year while Facebook Gaming rose 75%
81. Report: Valve is quietly testing a Playtest button on Steam

Jon