News of the Week; December 23, 2020

INTELLECTUAL PROPERTY

1. Fair Use Permits Newspaper to Republish Photo Taken By Drone–Castle v. Kingsport Publishing (Eric Goldman)
2. Dr. Seuss/Star Trek Mash-Up Not Fair Use, Ninth Circuit Rules
3. The Mystery Of The Copyright On Sherlock Holmes’ Emotions Goes Unsolved Due To Settlement 
4. The Copyright Office Will Not Weigh in on Philadelphia Phillies’ Copyright Dispute
5. US COVID-19 relief bill would punish streaming of copyrighted content
6. Congress (Once Again) Sells Out To Hollywood: Sneaks CASE Act And Felony Streaming Bill Into Government Funding Omnibus
7. Senator Tillis Releases Massive Unconstitutional Plan To Reshape The Internet In Hollywood’s Image
8. Congress creates new copyright court that could make trolling easier
9. States can invoke sovereign immunity against claims of copyright infringement 
10. To Die For – New York Recognizes Publicity Rights of Deceased Performers. 
11. ‘Imagine’ This: John Lennon Would Have Received Post-Mortem Right to Publicity in New York
12. Jackson v. Netflix, Inc. (California Central District, December 9, 2020): Dismissal of trademark & copyright claims. “Tiger King” marks in popular Tiger King series is protected by First Amendment.
13. Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight
14. Cerverceria Modelo SA de CV v Marcon.
15. Lemonade Beats Deutsche Telekom In French Court Over Use Of The Color Magenta
16. The Court of Appeal Adds a Few More Shades to Canada’s Grey Market
17. Brand protection: A comparison of U.S. and Canadian trademark systems 
18. New Year, New Trademark Fees 
19. US trade mark costs rise and Madrid Protocol grows
20. Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)–Wooster Floral v. Green Thumb (Eric Goldman)
21. A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims
22. 4 Mass. Trade Secret Litigation Tips From Facebook Ruling
23. Court Battle Between India’s SaaS Industry Leaders Being Fought in California 
24. What to expect from Canada’s new examination guidelines for patentable subject matter – interview 
25. Secret prior art: a trap for the unwary?
26. US Courts Can Compel Parties to Transfer Ownership of Foreign Patents
27. BILL C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
28. The Broadcasting Act Blunder, Day 19: The Misleading Comparison to the European Union (Michael Geist)
29. The Broadcasting Act Blunder, Day 20: The Case Against Bill C-10 (Michael Geist)
30. We Had To Pass A Law To Stop Telecom Monopolies From Charging You ‘Rental Fees’ For Things You Already Own 
31. FCC Commissioner Brendan Carr Again Misrepresents The Debate Over Section 230 
32. AT&T Pisses Off Everybody (Especially Christopher Nolan) For Launching Movies Straight To Streaming
33. EU Publishes Proposal For Digital Services Act
34. Google committed “antitrust evils,” colluded with Facebook, new lawsuit says
35. Embarrassing: New Antitrust Suit Against Google Confuses WhatsApp Encrypted Backup Option With Giving Google A Backdoor
36. Another Day, Another Antitrust Lawsuit For Google:
37. Czech Search Engine Seznam Joins In the ‘Let’s Sue Google’ Fun, Seeks $417 Million in Damages
38. Google, Facebook reportedly agreed to work together to fight antitrust probes
39. CDT Lacks Standing to Challenge Trump’s Anti-230 Executive Order (Eric Goldman)
40. Americans For Prosperity Sue Commerce Department To Find Out Who Was Influencing NTIA’s Attack On Section 230
41. Trump vetoes $740B defense bill, citing “failure to terminate” Section 230
42. Apparently Trump Refuses To Allow The Government To Do Anything At All Until The Open Internet Is Destroyed
43. Once Again, Section 230’s Authors Feel The Need To Tell Everyone That Section 230 Is Not The Evil You Think It Is
44. Content Moderation Case Studies: Copyright Claims On White Noise (2018)
45. Content Moderation Case Study: Using Copyright To Take Down A Transformative Criticism Video (2019)
46. Art, Technology and the Law: Capture by Paolo Cirio
47. Copyright and Privacy Legal Issues Resulting from the Rising Popularity of Artificial Intelligence Use
48. Where Things Stand: Update on the Digital Charter Implementation Act, 2020
49. A New Antitrust Class Action Threat: Anticompetitive Invasion of Privacy
50. Cyber litigation will be the new battleground in 2021
51. Games Are Now Making More Than Movies And Sports Combined: Gaming sales are up to almost $180 billion per year.
52. Gearbox reaches settlement with Bobby Prince over Duke Nukem music
53. Jury Will Decide If Videogame Character Infringes a Wrestling Persona–GI Bro v. Call of Duty (Eric Goldman)
54. Raw Fury publicly shares publishing agreement
55. Read Raw Fury’s publishing terms (without signing your soul away first)
56. IP licensing for games: How to profit from brand injections
57. Rebecca Zamolo Launches $8 Video Subscription Service Inside Of Her Mobile Game

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