News of the Week; September 23, 2020

INTELLECTUAL PROPERTY

1.  Mandatory copyright tariffs – Uncharted territories
2. Nicki Minaj’s “Artistic Experimentation” with a Tracy Chapman Song “to Seek License Approval” Qualifies as a Fair Use Under Copyright
3. LEGO Blocks Out ZURU in Copyright Dispute Over Minifigures
4. Schwartzwald v. Oath Inc.: Court dismisses photographer’s copyright claim against HuffPost, finding media site’s altered reproduction of photographer’s viral “crotch shot” of Jon Hamm constituted fair use.
5. Corbello v. DeVito: Court rules musical Jersey Boys did not infringe biography, holding musical depicts historical facts not protectable by copyright law and author cannot claim work was fictional for copyright protection.
6. It’s September 21st And Demi Abejuyigbe Has Another Great September 21st Video For Charity, Marred By Copyright Takedowns
7. Should an Advertising Agency Display Client Work on its Website After the Relationship Ends?
8. Federal Court of Appeal does not disturb lower court’s finding of ‘use’ for hotel services
9. Company Owning ‘Evel Knievel’ Rights Sues Disney Over ‘Toy Story 4’ Amalgam Parody Character
10. Banksy’s “Flower Thrower”-n off the EUTM register
11. Banksy’s trade marks at risk as artist loses legal battle over registration of Flower Thrower mural
12. Controlling Black Lives Matter: the battle to trademark a movement
13. No love for XOXO application
14. Battle of the b(r)ands: Lady A vs Lady A 
15. USPTO Warns of Email Scam Targeting Trademark Owners
16. “Brands will be more and more resource-challenged”: five predictions for the future of IP practice 
17. Dior loses PRETTY SAVAGE trademark dispute in the United Kingdom 
18. Cannabis, BLM and FCUK — dealing with moral objections to UK trade marks
19. Economic link puts an end to lengthy dispute: Gugler France’s decade-long trade mark campaign
20. Who will reign Supreme in the battle for the trade marks? 
21. Seventh Circuit Upholds $140 Million Compensatory Damages Award and Caps Punitive Damages at $140 Million in Trade Secret Case
22. Guarding Trade Secrets and Rethinking IP Indemnity Risks in the New OSS/Open Source World 
23. Designer panel: is being copied ever good news? 
24. The Federal Court of Appeal Upholds $640 Million Accounting of Profits Award for Patent Infringement 
25. Federal Court finds a problem with problem-solution 
26. VirnetX v. Apple: Delay of Five Months Justifies Denial of Motion to Amend Judgment of More Than $400 Million 
27. Canadian Patent Office’s approach to computer-implemented inventions rejected by Federal Court
28. COVID-19 and the compulsory licensing of patents 
29. Publication of Part of Complex Invention Does Not Prevent Joint Inventorship 
30. Justice Ginsburg’s Dissents – in Patent Law 
31. The Impact of Intellectual Property on Virtual Reality 
32. WIPO’s Global Innovation Index breaks new ground as brand value included for first time
33. IP monitor: CIPO announces fee increases beginning January 1, 2021 
34. Blockchain & IPR a breakthrough collaboration
35. “Get Money From Web Giants”: Why Canadian Heritage Minister Steven Guilbeault’s Top Legislative Priority is Risky Business (Michael Geist)
36. Google could face federal, state antitrust suits next week, reports say
37. WeChat Executive Order Enjoined Because (Of Course) It’s Unconstitutional–WeChat Users v. Trump (Eric Goldman)
38. Walmart and Oracle Deal with TikTok and WeChat Lawsuit Delay Commerce’s Ban on Transactions with WeChat and TikTok
39. Details Of Unconstitutional WeChat/TikTok Ban Actually Would Make Users Of Those Apps Less Secure, Not More
40. US Commerce Department Identifies Prohibited Transactions Involving WeChat and TikTok
41. US-EU-UK Export Controls and Sanctions Alert The Commerce Department Announces Prohibitions on TikTok and WeChat – September 2020
42. Department of Commerce Notices on Prohibited Transactions Relating to WeChat and TikTok
43. Impending WeChat ban won’t actually ban users from WeChat, DOJ says
44. WeChat Users Fighting To Block Trump’s Executive Order Banning The App In The US
45. Trump admin orders TikTok, WeChat gone from app stores on Sunday
46. Justice Department sends its Section 230 rewrite to Congress
47. Authors Of CDA 230 Do Some Serious 230 Mythbusting In Response To Comments Submitted To The FCC
48. Senator Lindsey Graham Must Be Desperate For Donations; Announces Terrible Bill That Mashes Up Bad 230 Reform With Bad Copyright Reform
49. Busting Still More Myths About Section 230, For You And The FCC
50. YouTube, Facebook, Twitter Agree To Adopt Shared Harmful Content, Brand Safety Policies
51. YouTube Facing $3 Billion Class Action Suit In The U.K. Alleging Collection Of Underage User Data
52. FTC Signals Intent to Focus on Use of Social Media Bots in Advertising
53. Who Done It?: Royal Seas Cruises to Face Bench Trial on Issue of Arbitrability After Plaintiff Denies Visiting Website
54. $100,000 in bribes helped fraudulent Amazon sellers earn $100 million, DOJ says
55. User-generated video sharing platforms subject to new obligations
56. Wayback Machine and Cloudflare team up to archive more of the Web
57. Mozilla Is Trying To Dissect YouTube’s Recommendation Algorithm Using Data Donated By Viewers
58. Facebook Extends 4-Year-Old ‘Rights Manager’ Video Copyright Tool To Still Photography
59. How algorithms discern our mood from what we write online: Researchers and companies are harnessing computers to identify the emotions behind our written words.
60. Inventor or creator: How is AI’s rapid development influencing the evolution of IP protection?
61. UKIPO launches ‘AI and IP Call for Views’
62. AI inventors at the UKIPO and EPO
63. Patently Obvious? AI as an Inventor After DABUS
64. SDNY Relies on “Simple Reading” of Label to Dismiss False Advertising Claim
65. How To Avoid Acquiring Fake Art
66. Voodoo wins plagiarism lawsuit against Zynga-owned Rollic Games: Judge rules that Istanbul-based firm’s Wood Shop copies key elements of Voodoo carpentry game Woodturning
67. Supercell ordered to pay $8.5 million for infringing Gree’s patents: Texas jury found Clash Royale developer infringed four patents, fine could be increased by up to three times
68. Nintendo sued for planned obsolescence over Joy-Con drift: French organisation found controllers suffer from premature wear of the electronic circuits and an airtightness defect
69. Apple presses court to deny Epic’s request for lift on Fortnite ban: iPhone maker reiterates argument that this situation is of Epic’s own making, says Fortnite firm is “a saboteur, not a martyr”
70. Clash of Game Companies: Lessons learned from GREE and Supercell Dispute
71. Frictional Games’ Amnesia: The Dark Descent, A Machine for Pigs are now open source
72. Epic is offering $10 coupons to Rocket League players that use the Epic Games Store
73. Ubisoft Bows To Monster Energy To Rename An Upcoming Game Horribly
74. BTS To Debut Exclusive “Dynamite” Music Video Inside ‘Fortnite’
75. You can now stream your Xbox One games to your Android phone for free: Microsoft opens up Xbox remote play streaming to everyone with new Android app beta
76. The new Xbox App for smartphones will create a ‘unified Xbox experience’
77. Xbox chief Phil Spencer confident xCloud will gain iOS support
78. PlayStation 5 backwards compatible with most PS4 titles, but nothing older: System will not be able to play PS3, PS2, or PS1 games
79. Sony makes it official: PlayStation 5 won’t natively support PS1, PS2, PS3
80. Avatars and artists: Musical mash-ups in gaming
81. Riot signs deal for League of Legends toys: Multi-year agreement with Paw Patrol toy maker Spin Master should see action figures hit shelves in fall of 2021
82. Twitch Experiments With Intrusive Ads That Piss Off Its Most Important Asset, Its Talent
83. Blog: Why 2021 will be a landmark year for cloud gaming
84. Blog: What does cross-platform mean to you?
85. NantWorks, LLC v. Niantic, Inc.
86. U.S. Patent no. 9,555,334: System and method for managing virtual worlds mapped to real locations in a mobile-enabled massively multiplayer online role playing game (MMORPG)
87. U.S. Patent no. 9,561,433: Providing event rewards to players in an online game

Jon