News of the Week; November 11, 2020

INTELLECTUAL PROPERTY

1. Game, set, match: Sometimes the photo is the story
2. Federal Judge Rules Embedding of Instagram Post Containing Copyrighted Photo is Fair Use
3. Embedding in a State of Flux: New York Courts Challenge Decade Old Reasoning from the Ninth Circuit
4. Vallejo v. Narcos Productions LLC (USCA, Oct.27, 2020): Held that portions Netflix’s Narcos series are not substantially similar to journalist’s memoir regarding romantic relationship with Pablo Escobar
5. Capote Charity Claims Copyright
6. Anti-Cheat Student Software Proctorio Issuing DMCA Takedowns Of Fair Use Critiques Over Its Code
7. Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯\_(ツ)_/¯ (Eric Goldman)
8. Canada’s Forever Register: Newfoundland Trademark Registrations
9. Anita White Strikes Back With Second Trademark Suit
10. He May be Undefeated in the Ring, but Floyd Mayweather Got Knocked Out at the Trademark Office.
11. Augusta National Blazes a Trail to Registration of its Iconic Green Jacket
12. “I sense a disturbance in the force” When Star Wars universe meets Trademark law: Millennial Falcon v Millennium Falcon
13. Glossier’s Pink Pouch TM Registration Could Mean a Rosy Future for Non-Traditional Marks
14. Alleged bait-and-switch selling found not to constitute trade mark infringement
15. Aussie Brewer Keeps Digging Holes With Trademark Lawsuits, Now Owes Court Costs
16. Trademark protection on e-commerce platforms
17. Seeing Green – Post-Election Day 2020: State Trademarks for Cannabis Goods & Services
18. TTAB Refuses Registration of .SUCKS 
19. Trade Secret Strategies: Using Standstill Agreements to Resolve Disputes Out of Court
20. Sedona Conference Publishes Commentary on Proper Trade Secret Identification
21. Federal Court finds that discoverability principle applies to limitation periods under Section 55.01 of Patent Act
22. The Impact of CIPO’s New Guidance on the Prosecution of Patent Applications Directed to Diagnostic Methods
23. Canadian Intellectual Property Office issues Practice Notice regarding patentable subject matter
24. 2020 Brings Growing Trend of Patent Cases Decided by way of Summary Trial
25. Is the new toilet on the International Space Station patentable?
26. Augmented Reality/Virtual Reality Patent Prosecution Update: 2020 Q3 Prosecution Statistics
27. How to protect a user interface with a patent 
28. Massachusetts Voters Overwhelmingly Support Expanded ‘Right To Repair’ Law 
29. Proactive Protection: Intellectual Property Audits
30. Under President Biden, IP evolution is much more likely than revolution
31. WIPO Launches “WIPO Lex-Judgments” Database
32.  Cultural Uncertainty: A Closer Look at Heritage Minister Steven Guilbeault’s Timeline For Internet Regulation (Michael Geist)
33. No Chips? No Worries. Ninth Circuit Rejects FTC’s Petition for En Banc Review of Decision Holding that Qualcomm Has No Antitrust Duty to Deal with Rivals
34. Your Slingbox Will Be A Useless Brick In A Few Years 
35. QAnon Conspiracy Theorists Can’t Force YouTube to Carry Their Videos–Doe v. Google (Eric Goldman)
36. United States v Google: A Re-Found Willingness to Regulate Technology Monopolies?
37. Google Photos is the latest “Unlimited” plan to impose hard limits
38. Google Photos will end its free unlimited storage on June 1st, 2021: After 15 gigs, you’ll need to pony up for Google One
39. Netflix files copyright claims against tweets criticizing movie, trailer
40. Netflix Targets Critical ‘Cuties’ Tweets With Copyright Takedown Requests
41. Netflix Gets Cute Using DMCA Notices To Take Down Tweets Critical Of ‘Cuties’
42. Netflix Testing Pre-Programmed, Linear TV-Style Channel Called ‘Direct’ In France
43. FCC General Counsel Issues Guidance on the Agency’s Section 230 Authority
44. Section 230 Faces the Heat
45. Content Moderation Case Study: Google Refuses A Law Enforcement Agency Demand To Remove A Video Depicting Police Brutality (2011)
46. Emojis & The Law: An Interview with Professor Eric Goldman
47. Spotify May Be Eyeing Podcast-Only Subscription Tiers
48. In Biggest Podcast Purchase Yet, Spotify Acquires Ad And Publishing Platform ‘Megaphone’ For $235 Million
49. Patreon, Acast Partner To Help Podcasters Distribute Paywalled Content More Broadly
50. Apple, Sony Reportedly Eyeing $300-$400 Million Acquisition Of Podcast Network Wondery
51.  Patenting Artificial Intelligence in Canada, the UK and Europe: A Primer
52. AI Application Examination: 5 Key trends
53. Understanding the AI Patent Landscape
54. Plans for new AI legal framework gather pace
55. A global legal standard for Artificial Intelligence? The European Parliament proposes legislation
56. Mall real estate company collected 5 million images of shoppers, say privacy watchdogs
57. Gun-Toting Couple Sues Photographer For Privacy Violation Over Photo They Used As Christmas Cards, After He Billed Them
58. Judge dismisses Apple’s claim of theft in Epic case: Court says ongoing legal battle should focus on breach of contract and anti-trust claims
59. Judge says Apple isn’t entitled to extra monetary damages over Fortnite lawsuit
60. SAG-AFTRA extends video game voice acting contract to November 2022
61. Tommy Tallarico, Roblox come to agreement over “oof” sound effect: Popular death sound effect to be replaced in game, asset will be sold via Roblox store going forward
62. Ubisoft removing UK journalist from Watch Dogs over “controversial remarks”: The Atlantic writer Helen Lewis voiced a character on an in-game podcast
63. EA renews UFC, NHL, NHLPA partnerships with fresh ‘multi-year’ deals
64. EA extends UFC, NHL licensing deals: Publisher will have exclusive rights to MMA league’s games through 2030 while hockey deal is a “multi-year renewal”
65. EA Play crosses 6.5 million paying subscribers
66. EA Play reaches 6.5 million paid subscribers, EA aims to double that within a year
67. Sorry, you can’t move your discontinued copy of PT to the PS5
68. Google Is Giving YouTube Premium Subscribers A Free Stadia Controller, Chromecast Ultra
69. Steam adds frictionless playtesting feature: The new tool will make playtests accessible directly from a title’s store page
70. BioWare confirms Mass Effect remaster in 2021, new Mass Effect later
71. Final Fantasy 7 Remake, Avengers push Square Enix H1 sales up 43%: Publisher’s HD Games division posts profits for the six-month period, but last quarter was in the red
72. FIFA 21 and Star Wars: Squadrons come out top in October | EMEAA Charts: Nintendo Switch console sales up 77% in October 2020 vs 2019
73. Watch Dogs: Legion knocks down FIFA 21 | UK Digital Charts: Ni No Kuni Wrath of the White Witch on Switch makes No.3
74. Epic is gauging interest in a Fortnite monthly subscription plan
75. Epic Games gauging interest in monthly Fortnite subscription: If implemented, subscribers would receive Battle Pass, early access to free skins and regular V-Bucks
76. Which publishers are the game subscription believers?
77. Twitch Apologizes To Creators Hit By Mass DMCAs And Content Deletions, Says It’s In Talks With Record Labels
78. Twitch explains confusing copyright crackdown, urges users to delete videos
79. Twitch apologizes for handling of mass copyright claims: Streaming platform apologizes for giving streamers unhelpful warnings, little notice in face of avalanche of DMCA claims from record labels
80. It Took Just 5 Minutes Of Movement Data To Identify ‘Anonymous’ VR Users
81. U.S. Patent No. 10,478,735: Video game system with spectator mode hud
82. U.S. Patent No. 10,509,461: Augmented reality video game systems

Jon