News of the Week; December 9, 2020

INTELLECTUAL PROPERTY

1. Linking and Copyright Law in the European Union – Where do we go from here?
2. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. United Sports (Eric Goldman)
3. 576 German Artists Want EU Copyright Directive Made Worse, With No Exceptions For Memes Or Mashups
4. Nancy Pelosi Sells Out The Public: Agrees To Put Massive Copyright Reform In ‘Must Pass’ Spending Bill
5. ACLU Tells Congress: Do Not Add Copyright Trolling Bill To Government Funding Bill
6. Legendary MC5 Guitarist Wayne Kramer Doesn’t Like the Smell of Proctor & Gamble’s “Guitar Solo” Body Wash 
7. Taking down copycat websites and defending against cybersquatting
8. GSK v Teva – The Federal Circuit’s First Look at Skinny Labels and 35 U.S.C. 271(b)
9. Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc. (Cal., 10.23.20): Dismissal of trademark claims of Australian motorcycle brand against MGM for use of mark in The Sun Is Also a Star.
10. The Bentley Clothing and Bentley Motors trade mark dispute: Take 2
11. Can a Company Own ‘Enby’? Sex Toy Company Sues Black/Trans-Owned Company for Trademark Infringement 
12. “Too many cooks… ‘Fit Kitchen’ trade mark infringed”
13. “Naked” at the Federal Circuit 
14. General Liability Insurer Must Defend Trademark and Other IP Claims 
15. Tips When Using the Madrid Protocol to Register a Trademark in Canada
16. Global brand expansion: Why Canadian trademark owners should consider whether international registration is right for them
17. First Circuit Reversal Highlights Importance of Satisfying Trade Secret Definition
18. Protecting trade secrets in the era of remote working 
19. Patent Term Extension in Canada: an Overview of Certificates of Supplemental Protection
20. 2020: A year of clarity for Canadian life sciences and software patents
21. Canadian Intellectual Property Office issues new guidelines for reviewing patent applications
22. Federal Court of Appeal clarifies standard for granting leave in NOC cases
23. Employment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses
24. Patent-Eligible Subject Matter in Biotech Should Recite More Than a “Telescope”
25. Deciding Whether Your Software Is Patentable
26. The UK Retains the Doctrine of Exhaustion of IP Rights After the Transition Period
27. IP Litigation Quarterly Update: Q3 2020
28. The Broadcasting Act Blunder, Day 11: The “Regulate Everything” Approach – Licence or Registration Required (Michael Geist)
29. The Broadcasting Act Blunder, Day 12: The “Regulate Everything” Approach – The CRTC Conditions (Michael Geist)
30. The Broadcasting Act Blunder, Day 13: The “Regulate Everything” Approach – Targeting Individual Services (Michael Geist)
31. The Broadcasting Act Blunder, Day 14: The Risk to Canadian Ownership of Intellectual Property (Michael Geist)
32. Benton Study Again Shows How ‘Open Access’ Broadband Networks Can Drive Competition, Improve Service
33. The FTC, 48 Attorneys General File Antitrust Lawsuits Against Facebook
34. FTC, 47 states file suits to break up Instagram and WhatsApp from Facebook
35. Feds say Facebook broke US law offering permanent jobs to H-1B workers
36. Open Season: FTC & 48 Attorneys General File Separate Antitrust Lawsuits Against Facebook
37. The tech industry needs regulation for its systemically important companies
38. Senator Tillis Is Mad That Twitter Won’t Testify About Copyright Infringement; Since When Is Twitter A Piracy Problem?
39. Dead Celebrities and Digital Doppelgangers: New York Expands Its Right of Publicity Statute and Tackles Sexually Explicit Deepfakes
40. It’s Meshugenah to Operate a Streaming Mixtape Site–Atlantic v. Spinrilla (Eric Goldman)
41. Section 230 Protects Amazon from Manufacturer’s Ad Copy–Brodie v. Amazon (Eric Goldman)
42. CRM Software Vendor Didn’t Qualify for Section 230–Tan v. Konnektive (Eric Goldman)
43. Biden’s Top Tech Advisor Trots Out Dangerous Ideas For ‘Reforming’ Section 230
44. Reform The DMCA? OK, But Only If It’s Done Really, Really Carefully
45. 2021 predictions: increased regulation of online platforms
46. Amazon Sues Social Media Influencers for Promoting Counterfeit Goods
47. Amazon and U.S. IPR Center announce “Operation Fulfilled Action”
48. AT&T, HBO Put Another Bullet In Antiquated Theatrical Release Windows
49. Warner Bros. will release entire 2021 film slate in theaters and on HBO Max
50. Georgia Court Streams Ridiculous ‘Kraken’ Lawsuit Hearing On YouTube; Then Tells People They Can’t Repost Recordings
51. Federal Court System Pushes Back Against Free Access To Court Documents
52. Apple’s Failure To Ensure Backwards Compatibility In Big Sur Leaves Developers Quite Sour
53. Is Canada on the Brink of AI and Diagnostics Patent Rush?
54. Use of patents in artificial intelligence: What does the new CIPO report say?
55. Intellectual property rights to AI works: The EP proposal
56. Artificial Intelligence and Creativity: Why We’re Against Copyright Protection for AI-Generated Output (Creative Commons)
57. Settlement with App Developers Requires Limits on Collection and Use of Children’s Personal Information
58. Bale and Ibrahimovic’s responses to FIFA 21 echoes the complications of sports person’s image rights
59. Newsflash: Update on Epic Games’ dispute with Apple
60. Facebook launches Black Gaming Creator Program
61. Manticore bolsters Core platform with ‘creator-friendly’ Perks monetization
62. Manticore announces a 50% revenue share for users of its Core game creation platform
63. Facebook Launches ‘Black Gaming Creator Program’ With Monthly Pay, Other Perks
64. More Than 350 Gaming Creators Hit 10 Million Subscribers In 2020, YouTube Says

Jon