News of the Week; October 21, 2020

INTELLECTUAL PROPERTY

1. Supreme Court of Canada to Hear York University/Access Copyright Appeals
2. Justice Luc Martineau is new chair of Copyright Board of Canada
3. 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
4. Google’s Supreme Court faceoff with Oracle was a disaster for Google 
5. IP Alert | Supreme Court Hears Arguments in “Copyright Case of the Century”
6. Supremes won’t review the morality of whitewashing graffiti art
7. Denial of Certiorari Leaves in Place Ninth Circuit En Banc Decision Finding No Infringement in “Stairway to Heaven”
8. hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues
9. Music in Podcasts – As Podcasts Shut Down Following Infringement Notices, Looking at the Required Music Rights
10. 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America (Eric Goldman)
11. By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection
12. Nicki Minaj’s Experimentation with Tracy Chapman’s Classic “Baby Can I Hold You” Qualifies as a Fair Use Under Copyright 
13. NY Art Disputes Highlight Fame’s Role In Copyright Suits 
14. “Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit
15. We Interrupt This Hellscape With A Bit Of Good News On The Copyright Front 
16. DMCA Takedown Notices: A New Opponent for Twitch Streamers 
17. Twitch blasts streamers with vague, unhelpful DMCA takedown emails
18. Lessons from a pandemic: long-term impacts on Canadian trademark practice 
19. The Cousteau Society, Inc. v. Cousteau: Court holds granddaughter of Jacques-Yves Cousteau cannot escape trademark infringement based on unauthorized use of Cousteau’s trademarks in film projects and materials.
20. Microsoft Wields Its IP For Good, Cripples Botnet Via Trademark Litigation 
21. Will Disney’s newest Toy Story 4 character go ‘caboom’?
22. Boston University students launch “F*ck It Won’t Cut It” campaign, University files a Trademark application
23. Lehman Brothers is Gone but Not Abandoned 
24. EU: What does Brexit mean for EU trade marks and designs?
25. Comparative aspects of trademark dilution between the United States and China
26. Versace ripped off the Canucks’ spaghetti-skate logo 
27. Depreciation of goodwill with cannabis trademarks 
28. Determined not to tumble: British Gymnastics’ trade mark dispute and IP protections for sports properties
29. The Third Circuit Shares Some Food for Thought on the Bounds of Trade Dress Protection 
30. Court of Appeal Upholds Interim Injunction in Trade Secrets Case
31. How to Keep Trade Secrets Secret
32. New Trade Secret Protections in China
33. Protection of store layout under IP law
34. Protecting Recipes and Food as Intellectual Property
35. $644-million award for patent infringement upheld on appeal; Accounting of profits remedy removes “economic incentive to infringe”
36. 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
37. Federal Court Freezes Out Motion to Vary Injunction in Patent Case
38. US Patent Boss Says No Evidence Of Patents Holding Back COVID Treatments, Days Before Pharma Firms Prove He’s Wrong
39. Federal Circuit Restores Induced Infringement Verdict Against Teva
40. Watch Out: The Patent Maximalists Are On The Warpath To Destroy Innovation And Empower Patent Trolls 
41. Applying the Broadest Reasonable Interpretation of the Claim in Light of the Specification, Federal Circuit Revives Claims in Heart Valve Patent
42. Why Is My Company Being Sued For Patent Infringement In Waco, Texas?
43. Beyond borders: Extraterritorial reach of Australian patents
44. Inadequate Translation of a Non-English Application Leads to US Patent Invalidation
45. Skinny Label Does Not Prevent Finding of Induced Infringement 
46. Expert Testimony Stricken Where Expert Did Not Show Non-Infringing Alternatives Were Available in the United States 
47. Worried about being sued for patent infringement in multiple jurisdictions? Three ways to gain control 
48. New Grape Varieties – Raisin Awareness of Plant Patents 
49. High Stakes: Protecting Your Cannabis Intellectual Property 
50. Nobel Prize 2020: A Chemistry Patent Attorney’s View 
51. Key IP Agreements for Startups
52. Blowing away the competition: design evolution, and what it’s like to be Head of IP at Dyson
53.  How Can Linking to an Article be Immoral When the Media Source Itself Does the Posting? (Michael Geist)
54. How Can Linking to an Article be Immoral When the Media Source Itself Does the Posting, Part 2: A Day in the Life of the Toronto Star on Facebook (Michael Geist)
55. Forget Link Licensing and Cross-Subsidies: When it Comes to Tech, Canada Should be Focused on Competition Law and Tax Policy (Michael Geist) 
56. Five Bar Owners Arrested In France For Not Logging Internet Use By Patrons Using Bars’ WiFi Connections
57. Trademark Genericide And One Big Way The DOJ Admits That Its Antitrust Lawsuit Against Google Is Utter Garbage
58. AOC makes explosive Twitch debut with over 435,000 Among Us viewers
59. Facebook Abuses Trademark To Give New Prominence To Group Of Facebook Critics Who Are Trying To Shame Company Into More Moderation
60. Global competition and the emerging challenge to open data
61. WeChat and TikTok Win Preliminary Injunctions Against Trump Administration’s Efforts to Ban the Apps
62. While Trump Continues To Complain About 230, It’s Copyright Law That Once Again Actually Gets His Content Removed
63. League Of California Cities Want Congress To Change Section 230… To Let Cops Spy On Everyone Using Social Media
64. Section 230 Liability Shield Continues to Receive Scrutiny
65. Section 230 Basics: There Is No Such Thing As A Publisher-Or-Platform Distinction
66. Another Anti-Section 230 Bill? Sure, Why Not?
67. Justice Thomas Writes a Misguided Anti-Section 230 Statement “Without the Benefit of Briefing”–Enigma v. Malwarebytes (Eric Goldman)
68. Blatant Hypocrite Ajit Pai Decides To Move Forward With Bogus, Unconstitutional Rulemaking On Section 230
69. FCC Announces Section 230 Rulemaking
70. Chairman Pai: FCC to Address Social Media Immunity Under Section 230
71. Jeffrey Toobin’s Zoom Dick Incident Is The Perfect Example Of Why We Need Section 230
72. Insights: With Zoom And Its Many Competitors, We’re All Livestreamers Now
73. Content Moderation Case Study: Apple Removes Games Containing Confederate Flags (June 2015)
74. France Passes Law Giving Child Influencers Same Protections As Young Actors, Models
75. Snapchat Launches ‘Sounds’, Enabling Users To Orchestrate Snaps, Stories With Licensed Music
76. Teespring Will Now Let Creators Vend ‘Digital Products’, Like Photo Presets And Ebooks
77. Spotify Now Lets Podcasters Use Its Entire Music Library In Their Shows
78. Brooklyn-Based Startup MSCHF Wants To Pay Influencers To Take Down “Evil” Brands
79. Insights: Could The Streaming Services Killing Movie Theaters Save Them Instead?
80. Microsoft thumbs its nose at Apple with new “app fairness” policy
81. A giant cat picture was just discovered among the Nazca Lines: Archaeologists haven’t yet located an accompanying giant meme caption.
82. Artificial Intelligence Licensing: What You Need to Know
83. AI and the fight for inventorship – DABUS patent knocked out in UK High Court
84. USPTO Releases Report on Artificial Intelligence and Intellectual Property Policy
85. The Right to be Forgotten
86. Rune 2 lawsuit alleges deliberate sabotage from Bethesda, ZeniMax
87. ZeniMax, Bethesda, Roundhouse added to lawsuit over Rune 2: Ragnarok accuses companies involved in Human Head demise and Roundhouse formation of sabotaging Rune 2 and a game based on the Oblivion Song comic
88. Alexandria Ocasio-Cortez is running an Among Us stream to drive voter turnout
89. AOC makes explosive Twitch debut with over 435,000 Among Us viewers
90. AOC’s debut Twitch stream is one of the biggest ever: And she’s genuinely pretty good at Among Us
91. 439,000 People Watched Alexandria Ocasio-Cortez Take On Top Content Creators In ‘Among Us’
92. Alexandria Ocasio-Cortez Storms Twitch: More than 400,000 people tuned into AOC’s stream of a marathon Among Us session with representative Ilhan Omar and Twitch luminaries.
93. US Rep Alexandra Ocasio-Cortez’s Twitch stream drew 439k peak viewers: Among Us stream with fellow Representative Ilhan Omar and popular Twitch streamers saw highest peak of any politician on Twitch
94. AOC’s record-breaking Twitch stream is the future of politics: Young, tech-savvy, meme-literate, and accessible
95. Twitch purges videos after “thousands” of requests from music labels: Streaming site offers content creators the ability to delete all videos as it issues “a one-time warning to learn about copyright law”
96. Epic vs. Apple is losing PR steam | Opinion: Sensible rulings in Epic’s legal dispute with Apple have pared the case back to its core question — and shown just how disruptive Epic’s demand really is
97. Take-Two Opposes Trademark For An Entertainment Company Running An Axe-Throwing Facility
98. NBA 2K21 adds unskippable ads to loading screens: 2K Sports introduces new monetization method to latest basketball title weeks after launch
99. Players slam 2K after publisher inserts unskippable ads into NBA 2K21
100. Bungie cease and desist pulls Destiny 2 cheat tool offline
101. GameStop’s Microsoft partnership reportedly lands it a cut of digital Xbox revenue
102. Microsoft will give GameStop a share of Xbox’s digital revenues
103. Xbox’s GameStop deal: lifeline or table scraps?
104. Microsoft will share digital revenues with GameStop on every Xbox it sells: Investment advisor says retailer will even get a share of DLC sales if physical game was purchased from another company
105. FIFA download launch sales spike 31% over last year | UK Digital Charts: Overall sales down only slightly over last year’s entry
106. New non-profit Hit Save! wants to help preserve video games and their history
107. The Video Game History Foundation is working to save our source code
108. U.S. Patent no. 9,492,740: Remote and/or distributed equipping of video game characters
109. U.S. Patent No. 10,625,156: Method and system for sharing video game content

Jon