News of the Week; November 4, 2020

INTELLECTUAL PROPERTY

1.  Use Your Illusion: Rights in posthumous holographic performance
2. Intellectual Property & Architecture – Copyright Protection in Focus
3. Tenth Circuit Breathes New Life into a Spooky Skeleton Copyright Dispute 
4. Protect Your Posts: New Group Copyright Registration Option for Online Blogs and Articles 
5. The US election: a vote on IP?
6. New Working Paper – Memes and Parasites: A discourse analysis of the Copyright in the Digital Single Market Directive 
7. Canada: Official marks can lead to damages for infringement of regular trademarks, according to Canada’s Federal Court of Appeal 
8. Procedures and strategies for anti-counterfeiting: Canada
9. Ninth Circuit: Likelihood of Confusion Required to Sustain TM Counterfeiting Claim 
10. Hallmark Win in Greeting Card Trademark Dispute: Court Finds Unauthorized Sale of Cards Meant for Destruction Infringing
11. Neat infringement claim leaves whiskey competitor’s trade mark on the rocks
12. Counterfeit luxury goods 
13. Brand protection in the digital world 
14. Distilling the value of corporate trademarks 
15. Descriptive Use of a Registered Trademark is not Infringement
16. Slogans as marks: when does a slogan function as a mark 
17. Trademark Cancellation Is Appropriate Sanction for Misconduct
18. Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge
19. A Clear Need: To Allege Misappropriation, Identify Trade Secret 
20. CIPO’s Patentable Subject-Matter Guidance – Same Code, Different Syntax 
21. The Canadian Patent Office Releases New Guidelines: The Diagnostic’s Industry Should Be Cautiously Optimistic 
22. Canadian Patents: What to Keep in Mind One Year After the Coming into Force of the New Rules? 
23. The Intersection between Drop-Shipping and Patent Infringement 
24. The Changing Patent Landscape in the Semiconductor Space 
25. Size Matters in Obviousness Analysis 
26. Marathon musings – Patenting running watch algorithms in Europe
27. Five Patents You Should Know About for Halloween 2020
28. Courtrooms and the America’s Cup – Patent infringement set to be the latest out-of-water battle 
29. A “Bitterly Divided” Federal Circuit Declines to Stay Decision Invalidating Car Driveshaft Patent
30. Clearing the 5G Patent Forest! 
31. People With Silly Patents Would Really Like It If It Was Harder To Cancel Them
32. Final PMPRB guidelines released 
33. “Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 1 of 2
34. “Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 2 of 2
35. How Might New Supreme Court Justice Barrett Rule on IP Cases?
36. Altering the broadcasting landscape – Canada’s Broadcasting Act to be amended
37. Feds propose changes to Broadcasting Act that may raise $800 million from streamers: New regulations would ensure streaming platforms face same rules as traditional broadcasters
38. Broadcasting Act Amendments
39. The Government’s Internet Regulation Bill: Why Bill C-10 Will Mean a CRTC-Approved Netflix Service, Reduced Consumer Choice, and Less Investment in Canadian Culture (Michael Geist)
40. Heritage Minister Steven Guilbeault’s “Get Money from Web Giants” Internet Regulation Bill: An Unauthorized Backgrounder (Michael Geist)
41. What’s Another Way Supporters of Mandated Facebook Media Payments Promote Their Position? Paid Facebook Advertising (Michael Geist)
42. Cable TV Execs Move Past Denial Stage, Now Fully Expect A ‘Cord Cutting’ Bloodbath
43. Judge: Trump Admin‘s TikTok ban would cause “irreparable harm” to creators
44. Three TikTok Influencers Influenced A Judge To Block Trump’s TikTok Ban
45. TikTok Countersues Triller, Says Its Tech Doesn’t Violate Patent
46. U.S. Department of Justice Sues Google for Antitrust Violations
47. A Digital Tech New Deal to break up Big Tech: Antitrust efforts in the US are not enough to counter the global power of Big Tech.
48. Constitutional Challenge to Trump’s Anti-230 EO Fails–Rock the Vote v. Trump (Eric Goldman)
49. Free Market Advocate Switches Sides, Calls For Direct Government Interference In Online Moderation Decisions
50. Changing Section 230 Won’t Fix Politicians’ Issues With Section 230
51. Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism
52. Your Problem Is Not With Section 230, But The 1st Amendment
53. Snapchat Isn’t Liable for Its Speed Filter (Even if Section 230 Doesn’t Apply)–Maynard v. Snapchat (Eric Goldman)
54. Facebook’s Handy Identity Crisis: Publisher or bulletin board? Can it really give up news sharing? Why the tech giant works hard to resist definition.
55. Facebook Takes Aim at NYU Web Scrapers
56. This microscopic 3D-printed Star Trek Voyager can move on its own
57. YouTube Hits $5 Billion In Ad Revenue, 30 Million Premium And Music Subscribers In Q3
58. YouTube Soundtracking Service Epidemic Sound Launches ‘Music Recommender’ Tool For Creators
59. “Baby Shark” Overtakes “Despacito” To Become YouTube’s Most-Watched Video Of All Time
60. Acknowledging AI as an Inventor of IP – A Slippery Slope to Giving AI the Same Rights as Humans?
61. Patent protection of machine learning and artificial intelligence inventions in Europe
62. To Prevent Free, Frictionless Access To Human Knowledge, Publishers Want Librarians To Be Afraid, Very Afraid
63. Bandai Namco, AtGames resolve legal dispute: Judge dismisses lawsuit over Ms. Pac-Man rights, clearing way for re-release of AtGames’ Namco arcade microconsole
64. Sony legal threat compels PS5 faceplate company to cancel all orders: CustomizeMyPlates also had to rebrand from PlateStation5 following complaints from platform holder
65. Judge rejects Google’s attempt to push Epic case to October 2022: Fortnite firm has suggested February 2021 as judge tells both companies to “get moving”
66. Ubisoft investigating after ransomware group claims to have leaked Watch Dogs source code: 560GB code for Legion reportedly available online, could endanger anti-piracy measures
67. Reports of Watch Dogs Legion source code leak prompts Ubisoft investigation 
68. Take-Two Finds Less Success with Second Take on Copyright and Tattoos
69. Randy Orton’s Tattoos Divide Courts as Gamers Prepare for PS5 and Xbox Series X
70. Biden/Harris Campaign Deploys Custom ‘Fortnite’ Map To Teach Voters About Key Policies
71. Twitch Marketing Promo Over Golden Emoji Goes Horribly Wrong After DMCA Nuclear Strike
72. Frostpunk board game raises over €2m on Kickstarter
73. Does PlayStation need to buy more games studios? | Opinion: With Microsoft snapping up major studios and publishers in recent years, we consider the implications for Sony
74. Sony reportedly puts a stop to third-party PS5 faceplate plans
75. Some current-gen Ubisoft games are forward compatible on Xbox but not PlayStation
76. Friday the 13th: The Game winds down with final patch, end of dedicated servers
77. Thanks To Fair Use, One Man Is Trying To Preserve Old School Video Game Manuals

Jon