News of the Week; September 2, 2020

INTELLECTUAL PROPERTY

1.  Arts On (the) Line: Copyright Protection of Digital Performances for Presenters, Agents & Managers
2. Word To Politicians: “Please [Do] Stop The Music”
3. Fleshing out the copyright in a tattoo 
4. Bad Faith Scraping of Photos carries a Big Cost
5. Liability for Copyright Infringement Attaches if Conduct Exceeds Scope of License
6. Regulations and the surge of software patent applications in the U.S. 
7. Grey Market Goods – Coty and Costco Battle it Out in Québec 
8. Tiffany v. Costco: the use of a trademark not as a trademark but in a descriptive sense
9. Costco wins appeal against Tiffany – Tiffany and Co et al v Costco Wholesale Corp, 2nd U.S. Circuit Court of Appeals, No. 17-2798. 
10. KFC Presses Pause on IT’S FINGER LICKIN’ GOOD Slogan
11. Aldi, Brewdog Brand War Ends In The Best Possible Way: Collaboration
12. Comparing Apples to Pears 
13. TENET: a twist in Time 
14. Beyoncé’s BLUE IVY CARTER Mark in the Pink as TTAB Dismisses Opposition
15. The Terrible Towel Is A Formidable Foe: Steelers’ Licensor Sues Maker of Terrible Masks
16. The Land Rover Defender: a classic shape certainly, but a “badge of origin”?
17. Difficult terrain: trade mark protection for 3d shapes
18. Don’t Fall Victim to Bogus Trademark Registries
19. Food Industry Insight – Overcoming Trademark Genericism with D’Ingenuity and Le Creativity
20. Why you should designate Canada – and a Canadian agent – in your next Madrid application 
21. The future of global licensing for digital standards?
22. What’s in a name? Global brand owners make socially-conscious changes
23. Strategic Considerations at the Intersection of Patent and Trade Secret Protection
24. Delaware Court of Chancery: Companies Must Maintain Trade Secret Confidentiality in a Remote World
25. Seventh Circuit Sends Health Care Software Company Plaintiff Back to District Court for $660 Million (or More) Reduction in Damages Award in Trade Secrets Case
26. Pot Got Your Tongue? Company Alleges Former COO Disclosed Trade Secrets to Competitors
27. You can’t do that! Federal Court quashes the “problem-solution” basis for rejecting claims
28. No Solution? No Problem! The Federal Court of Canada puts a dagger in the “Problem-Solution” Approach to Patent Claims Construction
29. “Problem-Solution” Claim Construction by Patent Office Does Not “Compute” 
30. Federal Court clarifies Canadian approach to subject-matter eligibility for computer patents 
31. Federal Court clarifies the assessment of patent-eligible subject matter in Canada
32. What the Choueifaty Decision Means for Software Patents in Canada 
33. Court Dismisses Intel’s and Apple’s Federal and State Antitrust Claims Against Patent Assertion Entities, Albeit with Leave of Court to Amend the Complaint
34. UK Supreme Court affirms courts’ rights on IP licensing issue
35. Dismissal on Procedural Grounds May Bar Claims for Later Infringement Under Res Judicata
36. Res Judicata on Procedural Grounds Precludes Similar Claims Arising After Prior Judgment
37. Inventorship, Unlike a Claim, is a “Nose of Wax”
38. Landmark UK Supreme Court decision grants UK courts power to set the global royalty rate for standard essential patents
39. Unwired Planet v Huawei – UK courts can determine global FRAND licensing terms
40. Unwired Planet v Huawei – Supreme Court decision
41. Unwired Planet vs Huawei – is it a victory for SEP holders?
42. U.K. Supreme Court Affirms Global FRAND Rate-Setting Procedure in U.K. National Courts 
43. UK Supreme Court Upholds Power of the UK Courts to Determine Global FRAND Licenses
44. Last Week in the Federal Circuit (August 24-28): No Judicial Estoppel from Inventorship About-Face 
45. Pointed Tip is Not a Substantially Flat Surface
46. Clear Claim Language Trumped Written Description in Construction
47. USPTO Sued Over Discretionary Denials 
48. USPTO Issues Guidance on “Applicant Admitted Prior Art” in IPRs
49. Canceled Patent Claims Do Not Entitle Former Patent Owner to a Refund 
50. Antitrust Plaintiffs Complain of Patent “Thickets”
51. Upper and Lower Claim Limitations Leave Patent Owner Feeling Down
52. How Administrative Law Became the Hottest Topic in Patent Disputes at the Federal Circuit
53. Valuing Patented Inventions in Litigation
54. 5 developments you may not have realised are potentially patentable
55. In review: key recent IP developments and trends in Canada 
56. Intellectual Property Enforcement at the International Trade Commission
57. Why potential claimants should take care with DMCA takedown demands
58. Are Changes to the DMCA on the Horizon?
59. TikTok: now to the copyright and political issues
60. Facebook threatens to block news-sharing in Australia
61. Facebook Says It Will Block News Sharing In Australia If Murdoch’s Social Media Tax Becomes Law
62. Top Republican deletes tweet with doctored Biden video footage
63. SuperBam To Reclaim 10 Billion Views’ Worth Of AdSense For YouTube, TikTok, Twitch Creators By End Of 2020
64. Netflix Un-Paywalls ‘Bird Box,’ ‘The Two Popes,’ First Ep Of ‘Stranger Things’ To Tempt More Subscribers
65. Facing Novel Legal Issues Concerning Facial Recognition Technology in 2020
66. Can individuals claim damages for loss of control over their personal data
67. Wait, Amazon’s New Wearable Needs to See Me in My Underwear?: Amazon says your semi-nude pictures will be automatically deleted from its servers after 3D body images are rendered.
68. The EU Is Launching a Market for Personal Data. Here’s What That Means for Privacy
69. Social Media Data Leak Raises Concerns Over Data Scraping
70. Bad Faith Scraping of Photos carries a Big Cost
71. The First Amendment Protects the Marketing Term “Vegan Butter”–Miyoko’s v. Ross (Eric Goldman)
72. Legal battle over artist’s legacy begins in London’s High Court
73. Picasso painting vandal who was “seeking fame” is jailed for 18 months
74. Want to Write a Story About Tardigrades in Space? Make It So!–Abdin v. CBS (Eric Goldman)
75. Abdin v. CBS (USCA 2^nd Cir., August 17, 2020)
76. Bugs in Space? Star Trek Plotline Does Not Infringe Tardigrade Video Game
77. Gaming emote litigation: plaintiffs test different causes of action as battle ensues over Fortnite emotes
78. Atlanta Rapper Claims “Soul Jah Boi” Dance in NBA 2K19 Infringes His Copyright
79. Apple terminates Epic’s developer account as promised: However, Unreal Engine on iOS remains unaffected thanks to restraining order
80. Apple has terminated Epic Games’ App Store account
81. Apple terminates Epic’s App Store access following Fortnite dispute
82. iOS users no longer able to update Fortnite following App Store altercation
83. ‘Fortnite’ maker Epic faces uphill antitrust battle with Apple
84. On Monopolies, Apple, and Epic
85. Today, Apple made changes to its app review process to save face with devs
86. App Store tweaks ease bug fix process, let devs pitch App Store Guidelines changes
87. Ubisoft removes Black Lives Matter image from Tom Clancy game’s terror group
88. Ubisoft apologizes after Tom Clancy mobile game co-opts BLM movement
89. Ubisoft apologizes for ‘insensitive and harmful’ Elite Squad imagery: Publisher says it will remove “raised fist” from cinematic portraying protest movement as terrorist organization
90. Biden campaign launches official Animal Crossing: New Horizons yard signs
91. Biden presidential campaign rolls out yard signs in Animal Crossing
92. Animal Crossing Continues To Be An Innovative Playground As Biden Campaign Begins Advertising On It
93. Game devs and eSport teams — how to protect your brand assets with trade marks
94. U.S. Patent no. 9,597,601: Method for displaying chat window applied to network game

Jon