News of the Week; August 5, 2020

INTELLECTUAL PROPERTY

1. A Quarter-Billion Dollar Bag of Beans: Responding to Ken Whyte’s Attack on Library Book Loans (Michael Geist)
2. Internet Archive Responds To Publishers Lawsuit: Libraries Lend Books, That’s What We Do
3. “Salacious” Content Doesn’t Bar Discovery in Copyright Infringement Suit
4. IAP Defeats Vicarious Copyright Infringement Claim–UMG v. Bright House (Eric Goldman)
5. Taylor Swift Changes Artwork For New Album, Merch After Online Retailer Complains Of Similarities
6. The EU’s Digital Copyright Directive – Where now for the UK?
7. Privacy rights trump artists’ Intellectual Property Rights: a brief insight into CJEU and IPR enforcement
8. Smith v. The Weeknd: Court dismisses copyright claim finding no substantial similarity under extrinsic test as only three shared notes remain after considering prior art, and three notes are not protectable as matter of law.
9. Alfred v. The Walt Disney Company: Ninth Circuit finds Disney “pirated” plaintiffs’ screenplay for Pirates of the Caribbean finding similarities to be more than de minimis and sufficient to survive motion to dismiss.
10. The Day the Music Died at Political Rallies
11. Baby Shark sharpens its teeth against Chinese counterfeiters
12. I See Me, I Sue You: Jordan Jumps at Card Cameos
13. Incorrect notifications issued by IPONZ/WIPO
14. The relationship between reputation and similarity of marks, China Construction Bank Corp. v. EUIPO
15. Two Breweries Fight Over The Right To Use A Geographic Name Due To Trademark
16. Co-branding: One product, two trademarks – who has the rights?
17. Trademark Trolls – A Danger to Avoid with a Re-brand
18. Law Firm Southtown Moxie Responds Hilariously To Stupid Cease And Desist Letter
19. E-commerce operators not liable for trade mark infringement for mere storage of infringing goods
20. The Next Instalment in the Sky v SkyKick Saga: Lessons for Trade Mark Owners
21. Disassembled products and trademark infringement: a cautionary tale for manufacturers and re-sellers alike
22. 5 Key Takeaways from Texas Appraisal Trade Secret Saga
23. IP monitor: Federal Court of Appeal: Of course the Federal Courts can interpret agreements!
24. Out with the New, In with the Old: The F.C.A. provides Clarity on its Ability to interpret Contracts
25. Appeals Court Upholds Replacement Part Design Patents
26. A Diagnostic Patent Is Found Patent Eligible At the Federal Circuit
27. Improvements to Operation of an Apparatus Were Not Abstract
28. Genetically modified mice and the patent bargain
29. Augmented Reality/Virtual Reality Litigation Update: Tobii Technology, Inc. v. Weinblatt
30. Strategic Patent Claims Drafting
31. Who is leading the WiFi 6 patent race?
32. The role of IP and challenges for the IP system
33. Triller—The Music Video App Major Sway House Members Just Joined—Sues TikTok For Patent Infringement
34. As TikTok’s Aquisition Clock Is Ticking, Instagram Officially Rolls Out Copycat ‘Reels’
35. Clash, A New TikTok Competitor From Viner Brendon McNerney, Is Made With Creator Monetization In Mind (Exclusive)
36. Snapchat Inks Music Deals, Pilots TikTok-Like Feature Letting Users Add Songs To Their Snaps
37. Ex-Googler Levandowski gets 18 months in prison for trade-secret theft
38. Data Center Avoids Copyright Liability By Forwarding DMCA Notices to Its Customer–ALS Scan v. Steadfast (Eric Goldman)
39. Russian Stream-Rip Sites Attempt To Take Jurisdiction Issue All The Way To SCOTUS
40. Content Moderation Case Study: Facebook Nudity Filter Blocks Historical Content And News Reports About The Error (June 2020)
41. Apple’s claim that “we treat every developer the same” tested by US Congress: House Antitrust Subcommittee releases emails showing half revenue share being offered to Amazon for Prime Vid
42. ProtonMail founder: Apple uses monopoly to “hold all of us hostage”
43. If 30% is too high, what’s the right number? | Opinion: As authorities investigate Apple’s share of App Store revenues, there’s broad agreement that 30% is too high — but there’s little consensus on an alternative number
44. The State of AI: Patenting Trends and European Prosecution Strategy
45. Current IP Laws Outdone by Artificial Intelligence
46. Bot M8 LLC Asserts Sony’s PlayStation 4 “Uncharted” Game Infringes Its Patent, but Court Finds Bot M8’s Patent Invalid
47. Little Consolation for Hyperkin as Atari Litigation Games Continu
48. Epic Games Store now offers mod support for some games
49. Epic Games Store adds modding support: MechWarrior 5 is the first title to beta test new feature 
50. Epic Games Store adds support for community-made mods: The first game to support the feature is ‘MechWarrior 5 Mercenaries.’
51. Should streamers be worried about DMCA strikes on Twitch?: A rash of copyright claims from music labels points to difficult times ahead for video game streamers
52. 15,000 games removed from iOS App Store in China: Analysts at Niko Partners expect thousands more to be pulled by the end of the year
53. New partnership will give 2K access to over 2000 NFL player likenesses 
54. 2K Inks Deal To Feature NFL Player Names, Numbers, And Likenesses 
55. 2K signs deal to use real NFL player likenesses in games: Multiple football titles are in development, planned to launch starting in 2021
56. U.S. Patent no. 9,656,170: Game apparatus

Jon