News of the Week; September 20, 2021

INTELLECTUAL PROPERTY

1. Foreign Certificate of Registrations of Copyright may not suffice to prove ownership of copyright in Canada
2. How one musician took on the world’s biggest TV network over copyright—and won
3. Ninth Circuit Panel Adopts “Asserted Truths” Doctrine in Holding Jersey Boys Musical Does Not Infringe Copyright 
4. INSTA-FRAUD Instagram ‘Copyright Infringement’
5. Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial
6. Why Software Developers Should Provide Licensees With Software Escrow Services 
7. Getting Your Website Ready for the New Library of Congress Copyright Claims Board
8. A Short Summary of the CASE Act (Tyler Ochoa) 
9. Mixed reactions as copyright owners ring in 2021 with CASE Act
10. In CASE You Missed It: Significant New Dispute-Resolution Process for Copyright Claims 
11. New Stimulus Bill Creates Small Claims Copyright Court 
12. Pepe the Frog 
13. Knobbe Practice Webinar Series – Protecting User Interface Technologies
14. Celebrated graffiti artist Futura sues The North Face for its FUTURELIGHT apparel line alleging copyright and trademark infringement 
15. A COVID-19 fast-track for Canadian trademark applications 
16. Canadian Trademark Law: 2020 Year in review 
17. Year in Review – Key Trademark Cases from 2020
18. The Case of the ‘Missing S’
19. A not so EASY task after all – UKIPO finds EASY mark devoid of distinctive character 
20. SCOTUS Refuses To Hear Case Between Jack Daniels And VIP Products Over Doggy Chew Toy
21. Are Commercial Parody Dog Toys Subject to the Heightened Rogers Test, and Do They Qualify As Non-Commercial Works under the Trademark Dilution Revision Act? 
22. Everything Old is New Again: Presumption of Irreparable Harm Restored to Third Circuit Trademark Cases Seeking Injunctive Relief 
23. TTAB KO’s Mayweather PAST PRESENT FUTURE Trademark Application
24. Trademark Modernization Act Becomes Law: Establishes Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board
25. Trade Mark Filings increase worldwide in 2019 
26. A Trademark is Not a Copyright or a Patent 
27. Manufacturers Must Not be Blind to Their Rights Against Counterfeiters
28. Shoe design found valid and infringed in the UK Court’s last Community registered design case
29. Case Study | Breach of Confidence by employees 
30. Litigation finance helps companies keep their cool during trade secrets disputes 
31. How Not to Build a Case of Trade Secret Misappropriation 
32. Federal Court invalidates Janssen ZYTIGA® Patent
33. Federal Court decision regarding glatiramer acetate finds one patent obvious and another valid and infringed
34. PM(NOC) Invalidity Grounds May Extend Beyond NOA
35. Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings
36. The new rules of Canadian patent litigation: Federal Court of Appeal affirms the viability of summary judgments in patent actions, upholds interpretation of file wrapper estoppel
37. Recent Amendments to the Patented Medicines Regulations Declared Unconstitutional by Québec Superior Court
38. Have any Patents Issued under the USPTO’s COVID-19 Prioritized Patent Examination Program?
39. Patenting the 3D Bioprinting Innovations that Combat COVID-19
40. Revenge of the Grammer Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict 
41. No Reasonable Expectation of Success, No Obviousness 
42. The China Pivot: Closing the “Back Door” to Trade Secret and IP Theft
43. Rapid Rise in Blockchain Patent Filings in China
44. Everyday IP – Brushing up: When were toothbrushes invented?
45. UK-EU Trade Agreement and IP Rights
46. Proposed University Technology Licensing Program Gets Nod from Justice Department
47. Making the best of a bad year: Winning IP cases in 2020
48. World Intellectual Property Indicators Report 2020
49. 2020 Engineering & Technology Year in Review
50. Importance of Protecting Intellectual Property in the Digital Age 
51. 10 things every new IP counsel should do
52. English Premier League wins latest round in battle over satellite decoder cards
53. YouTube Extends Trump Ban For Another Week, Citing Concerns About “Ongoing Potential For Violence”
54. YouTube Removes Onision From Partner Program, Demonetizes His Channels Over Child Safety Concerns
55. Inside Twitter’s Decision to Cut Off Trump
56. I’m a First Amendment scholar – and I think Big Tech should be left alone
57. Trump pardons engineer who copped to stealing a Google secret for Uber: Peter Thiel, Palmer Luckey, and others asked Trump to pardon Levandowski.
58. Chinese Ad for Make-Up Wipes Pulled Over Charges of Sexism and Victim-Blaming
59. Applying Uber v. Heller – Ontario Superior Court of Justice applies unconscionability doctrine to standard form arbitration clause
60. Jonathan Zittrain on the Great Deplatforming
61. 2021 Is the Year the Internet Gets Rewritten: As Silicon Valley flails to combat an insurrection at home, Europe is marching ahead with a plan to revise the web’s basic rulebook.
62. “Big Tech” under pressure – new Rules for Digital Platforms in the EU and UK
63. UK government sets out final approach to regulating online harms
64. Should my Will refer to Digital Assets
65. Former FCC Boss Tom Wheeler Continues To Misunderstand And Misrepresent Section 230 And The Challenges Of Content Moderation
66. Understanding the Controversy over Section 230
67. Content Moderation Case Study: Dealing With Demands From Foreign Governments (January 2016)
68. Content Moderation Case Study: Using Hashes And Scanning To Stop Cloud Storage From Being Used For Infringement (2014)
69. The New Age of Content Moderation(?)
70. Free Access To Academic Papers For Everyone In India: Government Proposes ‘One Nation, One Subscription’ Approach As Part Of Major Shift To Openness
71. Netflix Soars Past 200 Million Subscribers, Clocked $25 Billion In Revenues Last Year
72. Apple Looking To Monetize Podcasting Platform Via Subscription Service (Report)
73. YouTube Adds Safety Feature Targeting Comments With External Links
74. Zeros and Ones in 2021: Next Moves in the Digital Tax Debate
75. Emoji Law Year-in-Review for 2020 (Eric Goldman)
76. FDA Issues Artificial Intelligence/Machine Learning Action Plan
77. Five highlights from FDA’s new AI device regulation Action Plan
78. House of Lords liaison committee report on AI published
79. “AI in the UK: No room for complacency” and no room for a separate AI regulation
80. The AI Council calls for a National AI Strategy: building public trust
81. Defunct Photo App Agrees to Erase Biometric Data in FTC Settlement
82. FTC Settles Allegations of Deceptive Practices by Photo Storage App Provider
83. FTC Takes Aim at Facial Recognition Claims in Latest Deception Settlement
84. CD Projekt faces a second class-action lawsuit over Cyberpunk 2077
85. CD Projekt Red exec disputes Cyberpunk 2077 demo were “almost entirely fake”
86. CD Projekt vows ‘vigorous’ defense as investors launch second Cyberpunk class action
87. Inside Cyberpunk 2077’s Disastrous Rollout
88. Epic Games takes legal action against Apple and Google in UK
89. Epic submits claims against Google and Apple to UK Competition Appeal Tribunal
90. European Commission fines Valve, others $9.4 million for ‘geo-blocking’ games
91. EU fines Valve and five publishers €7.8m for geo-blocking practices
92. FTC Cracks Down on Mobile Gaming Middlemen Offering In-Game Rewards and Offers
93. FTC reaches settlement over misleading mobile advertisements for in-game rewards, and warns of growing scrutiny towards today’s gaming gatekeepers
94. FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
95. Planning a Super Bowl-themed Marketing Campaign? 5 Tips for Staying In Bounds
96. Nintendo blocks videos by Game & Watch hacker
97. Nintendo uses copyright claims to take down Game & Watch hacking videos
98. Nintendo Hates You: Gaming Giant Lobs A DMCA Nuke At Hundreds Of Fan Games
99. Studios and designers: Are you sure that you own the intellectual property rights to your video games?
100. GAME details efforts to prevent PS5 scalpers
101. Epic Games Store exclusivity muddles Hitman 3’s legacy DLC promise on PC
102. IO Interactive assures Hitman 3 players will not have to repurchase previous entries
103. Middle-earth: Shadow of Mordor has lost its online features, including Vendetta missions
104. InvestGame: 2020 game deals hit value of $33.6 billion across 664 transactions
105. 2020 sees record US games spending at $56.9bn | US Annual Report
106. Indiana Jones and the Raiders of the Blockbuster IP
107. PC fan port of early Sonic games lets you zoom the camera way, way out
108. Don’t Miss: Building a ‘homebrew’ video game console

Jon