News of the Week; October 14, 2020

INTELLECTUAL PROPERTY

1. Google gets mixed reception in Supreme Court clash with Oracle: Justices held a low-tech telephone session in one of the biggest software fights in American history on Wednesday
2. Google’s Supreme Court faceoff with Oracle was a disaster for Google 
3. IP Alert | Supreme Court Hears Arguments in “Copyright Case of the Century” 
4. hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues
5. 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America (Eric Goldman) 
6. By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection 
7. Graffiti artists see victory under Visual Artists Rights Act claim 
8. Nicki Minaj’s Experimentation with Tracy Chapman’s Classic “Baby Can I Hold You” Qualifies as a Fair Use Under Copyright 
9. “Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit
10. Obtaining Copyright Registrations for Blogs and Social Media Posts Just Got Easier 
11. Kanye’s Twitter Rant Flags Issues with Copyright Ownership in Music Deals 
12. Lehman Brothers is Gone but Not Abandoned
13. EU: What does Brexit mean for EU trade marks and designs? 
14. Versace ripped off the Canucks’ spaghetti-skate logo
15. Depreciation of goodwill with cannabis trademarks 
16. Dior loses PRETTY SAVAGE trade mark dispute in the United Kingdom
17. If Something Is Advertised As A Knockoff Product… Is It No Longer Counterfeiting?
18. Court of Appeal Upholds Interim Injunction in Trade Secrets Case
19. How to Keep Trade Secrets Secret 
20. Court Finds that Trade “Secrets” Aren’t Secret on Zoom Call 
21. $644-million award for patent infringement upheld on appeal; Accounting of profits remedy removes “economic incentive to infringe”
22. IP monitor: Quebec Superior Court dismisses application for disavowal of a IP monitor – Quebec Superior Court dismisses application for disavowal of admissions of patent invalidity 
23. Federal Court Freezes Out Motion to Vary Injunction in Patent Case
24. US Patent Boss Says No Evidence Of Patents Holding Back COVID Treatments, Days Before Pharma Firms Prove He’s Wrong
25. Beyond borders: Extraterritorial reach of Australian patents
26. Skinny Label Does Not Prevent Finding of Induced Infringement 
27. New Grape Varieties – Raisin Awareness of Plant Patents 
28. In Memory of Guitarist Eddie Van Halen; 10 Musical Patents You Should Know: The Saxophone, Electric Guitar, Electric Double Bass, Concertina and “Band in a Box” – Who Invented These Musical Instruments? 
29. Promoting the Progress of Science: Written Description and Enablement 
30. High Stakes: Protecting Your Cannabis Intellectual Property 
31. 2020 Supreme Court Intellectual Property Case Review
32. The Guilbeault Internet Plan: Leave it to the CRTC and Copyright Board of Canada to Get Money from Web Giants (Michael Geist)
33. Facebook Abuses Trademark To Give New Prominence To Group Of Facebook Critics Who Are Trying To Shame Company Into More Moderation
34. While Trump Continues To Complain About 230, It’s Copyright Law That Once Again Actually Gets His Content Removed
35. France Passes Law Giving Child Influencers Same Protections As Young Actors, Models
36. Spotify Now Lets Podcasters Use Its Entire Music Library In Their Shows
37. Brooklyn-Based Startup MSCHF Wants To Pay Influencers To Take Down “Evil” Brands
38. Insights: Could The Streaming Services Killing Movie Theaters Save Them Instead?
39. Microsoft thumbs its nose at Apple with new “app fairness” policy
40. Console hackers are shocked after DOJ arrests prominent mod-chip makers
41. Nintendo forces rebranding for adult entertainer “Pokeprincxss”
42. Nintendo issues cease and desist against influencer and adult entertainer Pokeprincxss: Social media personality rebrands after trademarking her name and selling merchandise bearing Pokémon characters
43. Judge denies request to force Fortnite back on iOS App Store pending trial
44. Apple Does Not Need to Return Fortnite to App Store, Judge Rules: Fortnite’s parent company, Epic Games, had broken its contract with Apple, a federal judge found. The case goes to trial next year.
45. Epic Games vs Apple trial set for May 2021: It’s uncertain at this stage whether the trial will be conducted in person or virtually
46. Epic vs. Apple judge warns of ‘serious ramifications’ for console makers
47. Epic vs Apple case may have “serious ramifications” for Nintendo, PlayStation and Xbox: Court order prevents Apple from blocking Unreal Engine until dispute is settled but Fortnite remains banned on iOS
48. Game Over With Hefty Fine in Gaming Patent Clash
49. Hyper casual developer Voodoo wins copycat case against Zynga’s Rollic Games
50. Here’s how backwards compatible titles will look on the Xbox Series S and X
51. New Microsoft Store principles take a dig at Apple: Company also explains why it will not apply these app fairness principles to Xbox store
52. PlayStation 5 will only leave 10 old PS4 games in the back-compat dust
53. Sony details limits of PS5 backward compatibility: 10 PS4 titles including Hitman Go and Afro Samurai 2 will not play on PS5, while new PS5 HD Camera won’t work in place of PS4’s PlayStation Camera
54. Celebrity endorsement? How did Burger King’s sponsorship of Stevenage F.C. lead to Lionel Messi appearing in a Burger King-branded football shirt?
55. Video: Game art remastered – From Crash, to Kerrigan, to Corley Motors

Jon