News of the Week; September 16, 2020

INTELLECTUAL PROPERTY

1. In Another Instagram Embedding Decision, SDNY Finds Use of Image of Cardi B Fair
2. Performing a DNA Test on Lizzo’s “Truth Hurts”: Joint Works and Derivative Works Under Copyright 
3. A Closer Look at a Troubling Anti-Scraping Ruling from Spring – Compulife Software v. Newman
4.  This Copyright Fair Use Opinion Discusses Jon Hamm’s Crotch 25 Times–Schwartzwald v. Oath (Eric Goldman) 
5. Publishing a Cropped Shot of Jon Hamm’s Crotch is Fair Use Under Copyright Law
6. Moral rights: why should developers care?
7. Schwartzwald v. Oath Inc.: Dismissal of photographer’s copyright infringement claim against HuffPost, finding media site’s altered reproduction of photographer’s viral “crotch shot” of Jon Hamm constituted fair use. 
8. This Week at The Ninth: Jersey Boys and Restroom Doors
9. Jersey Boys Don’t Cry: No Copyright Protection for Facts “Based on a True Story”
10. Corbello v. DeVito: Court rules that Broadway’s Jersey Boys did not infringe on plaintiff’s copyright of Tommy DeVito’s biography, holding musical depicts historical facts that are not protectable by copyright law
11. Hall v. Swift: Court denies dismissal of claim over Taylor Swift’s song Shake It Off, holding that it cannot conclude merger doctrine applies, & plaintiffs sufficiently alleged protectable selection & arrangement to support claim.
12. UMG Recordings, Inc. v. RCN Telecom Services: Court finds plaintiffs sufficiently pled contributory & vicarious infringement against ISP by alleging failure to terminate subscribers’ accounts after millions of copyright notices.
13. Small photo credit removal may result in big damages
14. Public Performance Rights (and Wrongs), the use of pop music in political campaigns
15. Copyright Companies Want Memes That Are Legal In The EU Blocked Because They Now Admit Upload Filters Are ‘Practically Unworkable’
16. Is It Broken and Should We Fix It? A Discussion of the Copyright Office’s Report on Section 512 of the Digital Millennium Copyright Act
17. Trademark “Services” Online Finally Defined in Canada by Federal Court of Appeal
18. Federal Court of Appeal Confirms Use of a Trademark with “Hotel Services” can be Established Without Brick and Mortar Hotels in Canada 
19. “I’ll Have the B.C. VQA, Sub-GI Certified Pinot” — Promoting B.C. Wines Through Legal Recognition of Our Unique Wine Regions 
20. AB InBev And Patagonia Trademark Dispute Will Proceed To Trial
21. Brewery Industry Insight – Different Parties May Register the Identical Mark for Beer and Restaurant Services
22. Craft Brewing Trade Mag Argues Beer Is The Most IP Product Ever, Ignores History Of The Industry
23. Banksy’s Weakass Attempt To Abuse Trademark Law Flops, Following Bad Legal Advice
24. A Right Royal Rejection: “Royal Butler” Trade Mark Application Denied in the UK
25. The Unique Challenges Of Protecting A Law Firm Brand 
26. BMW v. Premier Alloy Wheels (UK): breach of settlement agreement purported to stop intellectual property infringement
27. Pigment of our imagination? Colour trademarks could be inherently distinctive
28. Colour Purple is not for Protection (via Passle)
29. A Refresher on the Importance of Trademarks and Trade Dress in the Food and Beverage Industry
30. Trade Mark success for the gymnastics National Governing Body
31. Economies are battered but many major offices set for record trademark numbers 
32. Trade Secrets Regulations: interim injunction preventing use of confidential information
33. ITC Administrative Law Judge Decision Implicates Scope of Trade Secret Protections
34. An introduction to Trade Secrets: What they are and why they matter to your business
35. Fact-Specific Inquiry: Deciding Between Trade Secret and Patent Protection 
36. Federal Court invalidates tadalafil dosage patent finding dose selection to be routine 
37. Patent Trial and Appeal Board obligated to articulate a satisfactory explanation for its actions
38. Common Patent Misconceptions – Myth #4 – Disclosures
39. Claim Construction and Prosecution History Estoppel Require Viewing Patent and Prosecution History as a Whole 
40. Less is more when seeking patent protection for chemical compounds possessing a therapeutic effect
41. Essential guidance on patenting software-based inventions at the EPO
42. Patent Infringement Suit Alone Does Not Justify Anonymous Filing
43. A Brief History of Virtual Reality, in Patents 
44. I’m an academic, get me out of patents: Strategies for promoting patenting among academics and researchers
45. IP due diligence – The art of leaving nothing to chance
46. 3D printing and IP: Lessons from the EPO’s ‘Shaping Tomorrow’ conference
47. Assistant Attorney General Describes “New Madison” Approach to Antitrust and Intellectual Property Law
48. Publishers Are Taking the Internet to Court: In a lawsuit against the Internet Archive, the largest corporations in publishing want to change what it means to own a book.
49. PayPal Blocks Purchases Of Tardigrade Merchandise For Potentially Violating US Sanctions Laws
50. Could A Narrow Reform Of Section 230 Enable Platform Interoperability?
51. Fight For The Future Wants To Help You Tell The FCC Where To Shove The NTIA’s Anti-Section 230 Petition
52. An Interview on Why Section 230 Is On the “Endangered Watch List” (Eric Goldman)
53. The First Hard Case: Zeran V. AOL And What It Can Teach Us About Today’s Hard Cases
54. Addison Cain Really Doesn’t Want You Watching This Video About Her Attempts To Silence Another Wolf Kink Erotica Author
55. Revisiting the spectacular failure that was the Bill Gates deposition
56. UKIPO calls for views: AI and IP 
57. Another consultation on AI and opens … this time in the UK
58. Weakening Net Neutrality: How the Government’s Internet Regulation Plan Abandons the Principle of Equal Treatment of Content Online (Michael Geist)
59. No Policies on Real Issues and Harmful Policies on Non-Issues: How the Government Bungled the Internet Regulation File (Michael Geist)
60. Lawsuit over Atari 2600 Copycat Is Going to Trial
61. Ubisoft renamed Immortals Fenyx Rising after trademark dispute: Upcoming game given current name after Monster Energy opposed trademark application for original title Gods & Monsters
62. Apple asks to block iOS Unreal Engine development in new court filing
63. Apple claims Epic started legal battle to ‘reinvigorate interest’ in Fortnite
64. Apple allows streaming games on iOS, but there’s a catch
65. Apple’s updated iOS App Review Guidelines basically put the kibosh on Stadia, xCloud
66. Console options without disc drives could be GameStop’s final death knell
67. Feds seize OnePlus Buds, mistaking them for “counterfeit” AirPods
68. CBP So Confused It Seizes Clearly Labeled OnePlus Earbuds, And Falsely Claims They’re Counterfeit Apple Airpods
69. Rocket League’s life as a free to play game starts September 23
70. Twitch Tests Automated Mid-Roll Ad Format To The Dismay Of Several Top Creators

Jon