News of the Week; August 26, 2020

INTELLECTUAL PROPERTY

1. On the Barefoot Contessa, Peppermint Bark, and the Volitional Conduct Requirement for Copyright Infringement
2. Virtual Reconstruction Of Ancient Temple Destroyed By ISIS Is Another Reason To Put Your Holiday Photos Into The Public Domain 
3. Mango v. Buzzfeed: On claim that media site violated DMCA by publishing photographer’s work without permission 2^nd Cir. holds plain language of DMCA does not require evidence of infringement by third party.
4. Buzz-sawed: Give Copyright Credit or Face Statutory Damages, Fees, Costs 
5. To Embed or Not to Embed?: A New Challenge to Embedding Images From Social Media
6. Basset v. Jensen: Artist prevails on summary judgment against production company after her home used as set for pornographic films resulted in unauthorized use of her copyrighted works appearing in background.
7. Waite v. UMG Recordings, Inc.: In class action involving termination of grants of copyrighted sound recordings, court rulrd that “gap grants” are terminable under Section 203 of the Copyright Act.
8. Genius Media Group v. Google LLC: Court dismisses suit against Google for copying and using content from lyrics website Genius in search engine results, finding state law claims preempted by Copyright Act. 
9. In Da Courts: Second Circuit Affirms Lower Court Ruling in Rick Ross vs. 50 Cent Copyright Feud
10. Copyright Troll Richard Liebowitz Reveals His Retainer Agreement: He Gets Most Of The Money
11. Judge Recommends Copyright Troll Richard Liebowitz Be Removed From Roll Of The Court For Misconduct In Default Judgment Case
12. Copyright Wars – Episode I: The Fandom Menace?
13. Open Source Software: Litigation Windfall or Landmine?
14. Copyright Board Ordered to Take a New Look at Streaming Services Rate Structure
15. New Cost-Efficient Copyright Registration Option for Influencers and Bloggers
16. Quebec Superior Court declines to issue a Norwich order to identify the supplier of grey market perfumes
17. Apple Goes In Even Harder Against Prepear Over Non-Apple Logo
18. Trademarks and the obligation of use
19. Common misconceptions when managing trademarks internationally 
20. Defender vs. Grenadier
21. Look into Local Connotations for Your Proposed Trademark 
22. Race to the Top: Trademark Litigation in the Equine Industry
23. Second Circuit Vacates Tiffany’s $21 Million Win Over Costco
24. Diamonds are Forever, but Tiffany’s $21M Trademark Win is Not
25. Understanding the nuances of trademark use in various ARIPO jurisdiction
26. Where’s my world trademark?
27. How A Non-U.S. Trademark Applicant Establishes a Bona Fide Intent to Use in U.S. Commerce
28. Brew Dog, Aldi Get Into Brand Battle With Good Nature, Not Cease And Desists 
29. As the craft beer market goes mainstream, how should brand owners go about protecting their trade marks?
30. Danger on the Horizon: Detecting Early Signs of Trade Secret Theft by Competitors 
31. First Circuit Reverses Trade Secret Misappropriation Verdict Even Though Employee Stole Company Information
32. Workplace Confidential: Preventing Former Employees from Using Your Trade Secrets
33. No License, No Chips, No Problem: Ninth Circuit Vacates Injunction in FTC v. Qualcomm 
34. Unwired Planet v Huawei – Supreme Court decision
35. Admitted Art Ruled Out as IPR Trial Ground Reference
36. Black Box Structure Insufficient for MPF Element
37. Standard Essential Patent Licensing Practices Do Not Violate Antitrust Laws
38. Supreme Court decision in Unwired Planet v Huawei and Conversant v Huawei and ZTE
39. Unwired Planet v Huawei and Conversant v Huawei & ZTE – Supreme Court Judgment 2020
40. “Half-Liquid” is Wholly Indefinite
41. Improved Method of Operating a Flow Cytometry Apparatus Is Not Abstract 
42. Standard Essentiality Is a Question for the Fact Finde
43. Golden Rules for Drafting Enforceable US Claims
44. Promoting the Progress of Science: How Clinical Stage Patent Strategies Can Bring New Pharmaceuticals to Market 
45. CJEU rules that “pay-for-delay” agreements may be anti-competitive
46. Intellectual Property Intel: Understanding the Impact of Bankruptcy on a Company’s Most Valuable Assets 
47. Bipartisan “Advancing America’s Interests Act” Seeks to Curtail Intellectual Property Enforcement at the International Trade Commission
48. Arizona State University Sues Facebook With Bogus Trademark Claim To Try To Stop COVID Parties Account
49. After Lawsuit is Filed, Instagram Deletes Account Promoting Parties at Arizona State University
50. The Future of American Industry Depends on Open Source Tech
51. Court Orders Rightsowner to Withdraw DMCA Takedown Notices Sent to Amazon–Beyond Blond v. Heldman (Eric Goldman)
52. Napster sold for a song to UK virtual events company
53. Back to School Special: Recordings, Photos, Kids, and Parental Consent
54. On Appeal, ‘Star Trek Discovery’ Still Doesn’t Infringe On Video Game’s Copyright
55. Judge issues restraining order protecting Unreal Engine development on iOS
56. Temporary restraining order will protect Unreal Engine on Apple platforms
57. Epic wins restraining order against Apple but Fortnite remains blocked: Judge says Epic has yet to demonstrate antitrust, but agrees that “serious questions do exist”
58. Judge Rejects Epic’s Temporary Restraining Order Request For Fortnite (But Grants It For The Unreal Engine)
59. Protection granted to Unreal Engine but not Fortnite following altercation with Apple
60. Apple on Epic’s retaliation claims: ‘The emergency is entirely of Epic’s own making’
61. Epic vs Apple judge decided in Apple’s favour in similar case: In 2013, US District Judge Yvonne Gonzalez Rogers said plaintiffs failed to prove that Apple “deprived [them] of lower cost alternatives”
62. Apple opposes Epic’s restraining order, says dispute is “completely avoidable”: iPhone maker claims damage to Fortnite and Unreal is self-inflicted, says Epic has not proved Apple is a monopoly
63. Epic Games Moves Battleground From Mobile Phones to Courtroom With Antitrust Attacks on Apple and Google
64. Epic Battles Apple: I Missed a Spot
65. Epic Games turns Apple dispute into Fortnite event: Upcoming #FreeFortnite Cup will feature anti-Apple prizes as iOS users prepare to be blocked from updates
66. Epic is hosting a Fortnite tournament themed around its legal battle with Apple
67. Microsoft backs Epic Games in legal dispute with Apple
68. Microsoft files statement supporting Epic Games against Apple: Xbox firm says Unreal Engine is “critical technology” and blocking it on iOS “will harm game creators and gamers”
69. Microsoft backs Epic against Apple in legal fight over Unreal Engine on iOS
70. Epic Games Sued By Company That Manages ‘Coral Castle’ In Florida Over New Fortnite Map
71. Riot Games and Valve Win Over PalTalk’s Invalidated Patent Affirmed
72. The Sinking City yanked from stores in dispute over publishing rights
73. The Sinking City pulled from stores amid legal dispute: Developer Frogwares accuses publisher Nacon of missing payments, holding €1 million in royalties and claiming IP rights
74. Copyright changes could limit in-game props, but might defeat clones | Opinion: Kostya Lobov warns that recent EU court decisions could drastically affect what is protectable by copyright
75. Six ways to make your user-generated content game successful and lawsuit-free: Mythical Games’ Jamie Jackson detailed the dos and don’ts of user-generated content in a Devcom talk this week
76. Augmented Reality/Virtual Reality Litigation Update: Virtual Immersion Technologies Asserts Virtual Reality Patent for the 43rd Time
77. Lennon Image Technologies, LLC v. Ulta Beauty, Inc.
78. U.S. Patent no. 9,649,568: Game system for changing a difficulty level of a game

Jon