News of the Week; January 27, 2021

INTELLECTUAL PROPERTY

1.  Software-Generated “Infringement Report” Supports $262,931 in Remedies For Copyright Infringement
2. Securing Copyright and Trademark Rights for Broadcasts and Promotions Related to NFL Championship Games and Super Bowl LV (55)
3. Sony Music Entertainment v. Cox Communications (USDC, Virginia: January 12, 2021): Denies ISP’s post-trial motion to reduce $1 billion statutory damages award in copyright infringement action.
4. The Tricky Issue of Joint Authorship in Copyright Works
5. BMG, Aggressive Champion Of Copyright Enforcement, Accused Of Copyright Infringement By Jehovah’s Witnesses
6. CASE-ing the Joint: The Copyright Alternative in Small-Claims Enforcement Act
7. Turns Out That Brexit Means Rotting Pigs’ Heads, And Losing An EU Copyright Exception
8. Finds Alleged Parody Fails on Copyright Fair Use Factors but Passes Rogers Test to Avoid Trademark Liability
9. Sports data rights in 2021: the outlook
10. Trademarks in 2020: Notable Canadian trademark cases and developments 
11. Are Trademark Injunctions Continuing their Awakening from Hibernation?
12. Top 5 trademark considerations every cleantech entrepreneur should know 
13. Pearl Jam v Pearl Jamm
14. Proud to Be an American, God Bless The USA, But Not Functioning as A Trademark 
15. What’s Cookin’? No Likelihood of Confusion Between Two KITCHEN Marks 
16. Tommy Hilfiger invalidates trademark piggybacking on its iconic flag logo 
17. Brizzy v. Vizzy: Molson Coors Obtains Cheers-Worthy Trademark Ruling at Fifth Circuit 
18. “Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms 
19. Trademarks and Expressive Works 
20. Stay A Lot More Than Six Feet From The NFL’s Trademarks! 2021 Update on Super Bowl Advertising and Promotions 
21. Laches and Acquiescence in Trademark Proceedings
22. More ‘failure to function’ refusals in 2020
23. Generic.com Terms are Not Ineligible for Registration 
24. Trademark Law Updates – Fees, Fraud and Injunction Presumptions
25. January 2021 Trademark Update 
26. US Trademark Amendment Act Will Provide New Procedures for Challenging Use Claims
27. UDRP on Gameroom.com: Facebook keeps its domain name
28. How does Brexit affect European Trademark Rights?
29. Can I keep my .eu domain name?
30. Who’s on the Line?: Protecting Your Trade Secrets on Zoom Calls
31. Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents
32. Rothy’s v Giesswein – English Court leaves a lasting mark on EU Community design rights 
33. Federal Court of Appeal Cautions Against Use of Foreign Prosecution History 
34. Federal Court of Appeal affirms summary judgment in patent prosecutions: Court also upholds interpretation of file wrapper estoppel in precedent-setting case
35. Federal Court continues trend of granting summary judgment in appropriate patent proceedings
36. Federal Court upholds validity of two patents pertaining to ELIQUIS
37. Non-practicing entity’s allegations of patent infringement against oil sands producer /operator dismissed
38. Choueifaty patent application found to possess patentable subject-matter
39. Federal Court finds silodosin formulation patent valid but not infringed
40. Patent Appeal Board Allows Dosage Regimen Claims – No Physician Skill Needed
41. PMPRB proposes to modify Guidelines definition of “gap medicine” to include medicines sold by July 1, 2021
42. Patentee’s Success Story in a Hatch-Waxman Litigation Case
43. A New Application of an Abstract Idea Is Still Abstract: Court Affirms Dismissal Under § 101
44. Patentee Cannot Cure Lack of Written Description by Reference To Matter Present Only Foreign Priority Application
45. Happiest Baby’s SNOO patent Rocks Baby Automatically
46. Illuminating insufficiency: the English Patents Court examines “Regeneron ranges”
47. Regeneron Recast – Mr Justice Birss provides illuminating insight into the law of sufficiency
48. UKIPO “Green Channel” – can the patent system encourage more innovation in green technologies?
49. Cannabis: Patents in Europe
50. Senate Passed New Legislation to Punish Foreign Individuals and Corporations for IP Theft
51. Biden administration promises hard stance against Chinese IP abuses  
52. Intellectual Property Issues for Foreign Enterprises Acquiring Chinese Companies
53. Critical and curious terms from the world of Intellectual Property
54. Top Enforcement Issues to watch in 2021
55. Report calls for powerful new federal body to regulate social media 
56. YouTube Suspends Donald Trump Indefinitely, Demonetizes Rudy Giuliani
57. This site posted every face from Parler’s Capitol Hill insurrection videos
58. Insights: The Donald’s Digital Death Penalty—Deplatforming, Politics, And The Future Of Social Media
59. California Appeals Court Says Section 230 Immunizes Twitter From Banned User’s Lawsuit
60. Dozens Of Human Rights Group Tell Congress: Do Not Gut Section 230 On Our Behalf; It’ll Do More Harm Than Good
61. Twitter is opening up its full tweet archive to academic researchers for free
62. Have Social Media Companies Become Too Powerful?
63. Planning to Sue Twitter Over an Account Suspension? YOU WILL LOSE–Murphy v. Twitter (Eric Goldman)
64. EFF Tells Louisiana Court Satire Is Still Protected Speech Even If The Government Doesn’t Get The Joke
65. Unfiltered: How YouTube’s Content ID Discourages Fair Use and Dictates What We See Online (EFF)
66. Big Tech worldwide nerulation: not if, but how
67. Google agrees to pay French news sites to send them traffic
68. Google: We’ll shut down Australian search before we pay news sites for links
69. Google Threatens To Pull Out Of Australia Entirely; Australians Demand That It Both Stay And Pay News Orgs For Giving Them Traffic
70. Google takes Tilt Brush open source as official development comes to an end
71. Why Red Hat killed CentOS—a CentOS board member speaks
72. Antitrust and the Tech Industry
73. House Republicans Have A Big Tech Plan… That Is Both Unconstitutional And Ridiculous
74. How Can Conservatives Fight Back Against Big Tech? For A Start, Just Be Sane Again.
75. FOSTA Survives Constitutional Challenge–US v. Martono (Eric Goldman)
76. Comments on the “Protecting Constitutional Rights from Online Platform Censorship Act” (Eric Goldman)
77. Content Moderation Case Study: Facebook Targets Misinformation Spread By The Philippines Government (2020)
78. Content Moderation Case Study: Social Media Upstart Parler Struggles To Moderate Pornography (2020)
79. Mirroring Qualifies for Section 230–Monsarrat v. Newman (Eric Goldman)
80. The Number Of Channels Monetizing Via YouTube’s Partner Program Doubled In 2020, CEO Says
81. TikTok Helps Push 17-Year-Old Olivia Rodrigo’s “Drivers License” To No. 1 Billboard Debut
82. Valve’s Gabe Newell imagines “editing” personalities with future headsets: “Remember when Bob got hacked by Russian malware [and] ran naked through forests?”
83. Research and analysis – Algorithms: How they can reduce competition and harm consumers (Competition & Markets Authority, U.K.)
84. A short primer on patenting AI and machine learning inventions at the European Patent Office
85. New Yorkers Receive Postmortem Rights and Protection Against Digitization of Sexually Manipulated Content in New Right of Publicity Statute
86. Québec law firm files latest Nintendo Switch Joy-Con drift lawsuit: Lambert Avocat seeking compensation for all Québec consumers who bought Switch controllers since August 2017
87. European Commission called to investigate into Joy-Con drift
88. BEUC calls for Joy-Con Drift investigation after receiving 25,000 complaints
89. Valve on trial for allegedly infringing controller patents: The Steam Controller is accused of being based on a patent belonging to SCUF
90. US Court dismisses Wargaming lawsuit against former employees
91. Jagex disputes Plutos Sama’s claims of ownership: RuneScape dev calls RICO lawsuit against former owner “meritless,” says it was fully acquired by Carlyle Group
92. Epic’s Fortnite v Apple dispute arrives in the UK
93. The Pokémon Company takes measures against Sword and Shield hackers
94. The Pokemon Company is clamping down on Sword, Shield, and Home hackers
95. Rovio quietly shutters game streaming service Hatch
96. Games projects raised $23m on Kickstarter in 2020

Jon