News of the Week; January 13, 2021

INTELLECTUAL PROPERTY

1. Eleventh Circuit Says Netflix Series Does Not Infringe Copyrighted Memoir
2. Ninth Circuit Holds Dr. Seuss-Star Trek Mashup an Infringement, Not a Parody
3. This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’
4. Copyright Troll Richard Liebowitz Helps Protect Free Speech & Fair Use By Losing Yet Another Case
5. Dickinson v. Ryan Seacrest Enterprises, Inc. (USCA, Ninth Circuit, Dec. 21, 2020): Dismissal of claims by Janice Dickinson over allegedly false portrayal of her in reality television series. 
6. Copyright Royalty Board Announces SoundExchange Audits of Royalty Payments for Webcasters (Including Broadcast Simulcasts) and Other Digital Music Services
7. Digital Collections: Reflections on copyright 
8. Copyright Office Begins Review of Changes in Satellite Television Statutory License for Carriage of Local Television Stations
9. Is 2021 the year for artists to sell their music catalogues? 
10. Art law – Recent developments January 2021 
11. Use My Likeness? Over My Dead Body! 
12. Canadian Madrid Applications: Practice Note for Foreign Agents 
13. Trademark litigation: a global guide 2021 – Canada 
14. Louisville Courier-Journal Wins ‘Derby Pie’ Trademark Dispute
15. USPTO v Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act 
16. The Trademark Modernization Act Establishes New Trademark Cancellation Procedures 
17. United States: Key considerations in parallel criminal and civil trade secrets cases 
18. Ten Trade Secret Resolutions to Keep for 2021 and Beyond 
19. Court Rejects Attempt to “Stretch” Patent Claim Language 
20. Watch What You Say! Prosecution History Estoppel in Canada 
21. Election Ballot Verification – A Patent Subject Matter Eligibility Analysis 
22. Patent Owner’s ex parte communications with members of Congress, the president, and PTAB APJs are sanctionable and the Board may craft its own reasonable sanctions 
23. Patent protection in the time of COVID-19
24. Why standard essential patents are now essential to you
25. The Right to Repair in Massachusetts Rolls Forward 
26. Not Patent Misuse to License U.S. Patents in Foreign Jurisdictions for “Administrative Convenience” 
27. 10 Patent Prosecution, Litigation Practice Trends From 2020 
28. What Was Old Is New Again In IP Litigation — Thanks To Suspected Russian State-Sponsored Hack
29. What Were the Top Intellectual Property Stories in 2020? 
30. Cloud computing: overview of IP issues
31. The EU / UK Trade Agreement: Three myths busted – Intellectual property
32. Ajit Pai offers mild criticism of Trump incitement, drops Section 230 plan
33. In His Last Two Weeks, Ajit Pai Finally Finds A Backbone And Refuses To Move Forward With Trump’s Ridiculous 230 Attack
34. Republican state lawmaker livestreamed himself in mob storming US Capitol
35. Trump social media ban will feature in future antitrust hearings
36. Facebook says it’s blocking posts with the phrase “stop the steal”
37. More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. Google (Eric Goldman)
38. A New Year, a new approach to digital regulation: the DSA and Online Harms
39. Quibi’s $1.75B experiment ends with Roku acquisition for “less than $100M”
40. New proposals for regulation of online platforms in Europe
41. Dear Section 230 Critics: When Senators Hawley And Cruz Are Your Biggest Allies, It’s Time To Rethink
42. New Op-Ed: People Who Understand Section 230 Actually Love It (Eric Goldman)
43. Section 230 Year-in-Review for 2020 (Eric Goldman)
44. Content Moderation Case Study: SoundCloud Combats Piracy By Giving Universal Music The Power To Remove Uploads (2014)
45. Content Moderation Case Study: Yelp Attempts To Tackle Racism On Its Platform (2020)
46. The Slope Gets More Slippery As You Expect Content Moderation To Happen At The Infrastructure Layer
47. Everything Pundits Are Getting Wrong About This Current Moment In Content Moderation
48. YouTube Turns On Post-Roll Ads By Default On All 10-Minute, Monetizing Videos
49. UKIPO patent guidance updated for DABUS judgment
50. Landmark artificial intelligence legislation becomes law
51. Eye on AI
52. An interview with Covington & Burling discussing artificial intelligence in the United States
53. Twitch removes popular emote after pro player’s support for Capitol Hill mob
54. Twitch pulls Pogchamp emote over link to Capitol siege supporter
55. Twitch removes PogChamp emote it says was “the face of… further violence”
56. Riot and Bungie file lawsuit against Destiny 2 and Valorant cheat-maker 
57. Riot Games and Bungie file joint lawsuit against cheatmakers
58. Koei Tecmo says it will sue over bootleg Dead or Alive video
59. Dangen Entertainment settles dispute with Protoculture Games
60. Nintendo Appears To Be Using A Fan-Made Drawing Of Mario Without Artist’s Permission Or Credit
61. EA’s hold over Star Wars games ends with Ubisoft’s open-world announcement
62. Lucasfilm Games taps Ubisoft Massive to create new open-world Star Wars title
63. Lucasfilm re-establishes Lucasfilm Games as home for all its gaming titles
64. Star Wars games are now housed under a revived Lucasfilm Games brand
65. Disney brings back the Lucasfilm Games brand for future Star Wars titles
66. Bethesda lands Indiana Jones license
67. Bethesda, Lucasfilm tease new Indiana Jones video game
68. Lucasfilm and Ubisoft partner on Star Wars game
69. Video games have replaced music as the most important aspect of youth culture

Jon