News of the Week; February 3, 2021

INTELLECTUAL PROPERTY

  1. For the Want of a Nail – Copyright Claims Fail When Plaintiffs Can’t Show Ownership
  2. Thomson Reuters v. ROSS case will test limits on protections for subscription-based database: ROSS Intelligence alleges monopolistic, anticompetitive control over legal research market
  3. Bernie and his Marvelous Mittens. It’s all Good Fun Until a Copyright Lawyer Gets Involved 
  4. Anthropomorphized Characters Representing Human Emotions are Not Copyrightable
  5. Annotations that Accompany State and Local Laws are not Copyrightable
  6. Generalized Expressions of Scientific Facts and Generic Themes are Not Copyrightable 
  7. Spoofs, Parodies, Compatibility, and Comparisons: When Can Competitors Borrow from Each Other? 
  8. Music – The Scope of Protection
  9. The Lies Told About The EU Copyright Directive’s Upload Filters May Help Get Them Thrown Out In Court
  10. Japan Looks To Amend Copyright Law To Force Some Cosplayers To Pay To Cosplay 
  11. Pitch perfect appeal for James Arthur 
  12. Is your joint copyright work purple or red/blue?
  13. Mitigating Copyright Issues in Remote Learning
  14. Music Licensing in the Video Streaming Era
  15. Pocky Ruling Denies Trade Dress Protection for the Useful, Though Not Essential, Shape of Cookie 
  16. Third Circuit Panel Revises Half-Baked Trade Dress Functionality Decision
  17. Please Dough Not Use My Trademark 
  18. Much ado about ballet shoes – important designs case on copying 
  19. The Shape of Things to… Eat 
  20. The Federal Court of Appeal Upholds Finding that Trademark Use Can Be Established Without a Physical Presence in Canada. 
  21. Federal Court grants interlocutory injunction in trademark action for second time in six months
  22. Canadian Intellectual Property Office allows requests for expedited COVID-19 medical trademarks
  23. Taste, Smell, Hear, Touch, and See – Appealing to All Five Senses with Non-Traditional Trademarks
  24. Taylor Swift in ‘Evermore’ Trademark Lawsuit Over Utah Theme Park Name 
  25. Trademark Modernization Act Strengthens Rights of Brand Owners 
  26. The Trademark Modernization Act: Real Change to Address the Realities of Trademark Law 
  27. Brewery Industry Insight — A Play-on-Words Mark Prevailed
  28. Annual Reminder: You Can Probably Just Call The Super Bowl The Super Bowl
  29. A decision based on Aesthetics – UK IPO rules stylisation is enough to overcome confusion
  30. General Court finds no likelihood of confusion in BBQLOUMI opposition – Cypriot cheesemakers continue to struggle in EU trade mark courts
  31. Lady A vs. Lady A: (Trademark) Battle of the Bands
  32. TTAB Precedent No. 46: No Abandonment of A.W. SHUCKS
  33. Cannabis Trade marks and commercialisation in the US, UK and EU. 
  34. Minimalist trademarks: end of the road for uniqueness?
  35. Cybersquatting trends and strategies that brand owners need to know 
  36. Janssen’s abiraterone acetate and prednisone combination therapy patent found invalid
  37. When is There an “Actual Invention” Involving Computers?
  38. Office Actions: Options to consider when you need an extension of time to respond to the Patent Office
  39. Protecting innovations through patent due diligence and FTO analysis
  40. Data Breaches Ain’t Just About Privacy: Risking the Loss of Patent Rights by Data Breach with Subsequent Disclosure 
  41. All Hands On Deck: Ensuring Innovation, Not Just Patents, From All 
  42. Third Circuit Requires Patent Validity Analysis In Adjudicating Antitrust Causation
  43. Federal Circuit Finds Patent Infringed After Reversing Claim Construction That Violated “Grammatical Principles” to Cover All Embodiments
  44. Judge Hellerstein Upholds Infringement by Microsoft of Kaufman’s “And/Or” Patent  
  45. Augmented Reality/Virtual Reality Litigation Update: Defendants’ Motion to Stay Pending IPR Denied in AR Design Innovations’ Patent Case
  46. Update on Patent “Aggregation” Suit Against Fortress  
  47. Patent-Eligible Subject Matter
  48. Patent-Ineligible Subject Matter
  49. 2020 IP Law Year in Review: Patents – Executive Summary
  50. Snapshot: intellectual property for fashion goods in Canada 
  51. 14 States Are Now Considering ‘Right to Repair’ Legislation
  52. Is there Magic in those Mushrooms? Protecting Psilocybin and Other Actives from Magic Mushrooms 
  53. IP Litigation 2020 Year in Review
  54. Antitrust Remedies in Highly Regulated Industries
  55. 27% Of Cable TV Subscribers Will Cut The Cord This Year
  56. How to Watch the Super Bowl in VR With Friends for Free
  57. Facebook Oversight Board decisions
  58. Apple, Its Control Over the iPhone, The Internet, And The Metaverse
  59. Apple’s updated App Store guidelines clarify positions on recent controversies
  60. Australians May Soon Face Life Without Google
  61. Microsoft backs Australian law forcing Google to pay for news links
  62. Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian (Eric Goldman)
  63. TripAdvisor Doesn’t Get Early Section 230 Dismissal–Putt v. TripAdvisor (Eric Goldman)
  64. No, Revoking Section 230 Would Not ‘Save Democracy’
  65. Removing Civil Rights Law From Section 230 Will Create Many New Problems, While Failing To Fix Existing Ones
  66. Columbia Law Professor Spews Blatantly False Information About Section 230 In The Wall Street Journal
  67. No Section 230 Has Nothing To Do With Horrific NY Times Story Of Online Stalker Getting Revenge For Decades’ Old Slight
  68. Content Moderation At Scale Is Impossible: Google Play Bans Video Player App Over ASS File Extension Support
  69. YouTube’s new “Clips” feature lets users share 60-second clips of videos
  70. YouTube Will Let Viewers Share Custom Short Videos Cut From Creators’ Uploads And Livestreams
  71. Teespring Goes Live With ‘Spring’ Rebrand, Has 450,000 Creators On The Platform
  72. Microsoft Patent: Chatbots Made From The Online Habits Of Dead People
  73. Patent Issues for Factory Automation Inventions in AI
  74. FTC’s allegations of misuse of facial recognition
  75. FTC Settles with Fertility-Tracking App Developer Regarding Health Data Disclosures
  76. States Gear Up to Limit Use of Biometrics and Biological Data
  77. Valve loses controller patent case, must pay $4m in damages
  78. Valve on the hook for $4 million over Steam Controller patent infringement
  79. Level Up: 33 Legal Tips for Game Developers and Publishers
  80. Amazon Can Make Just About Anything—Except a Good Video Game: The company produces successful movies, TV shows, e-readers and speakers, but gaming has proven difficult to crack.
  81. Report: Mismanagement plagues Amazon’s struggling push into video games
  82. Amazon is reportedly spending nearly $500 million a year on its video game division
  83. Activision bans 60,000 Call of Duty: Warzone cheaters
  84. Goldeneye 007’s lost Xbox 360 remaster has leaked—as a full-game speedrun
  85. Scalpers aren’t the main reason you can’t find a new console
  86. Activision Patent Seeks to Improve Esport Footage Sharing For Future Titles: A patent filed by Activision looks at ways to improve the esports experience with detailed data that could enhance the way broadcasts look.
  87. How to protect your intellectual property in the games industry
  88. Tabletop Simulator devs face criticism for Google Translate-sourced translations
  89. Piracy: Does it matter? – People will try to steal your game in huge numbers, says Butterscotch Shenanigans’ Adam Coster — treat it as a design constraint
  90. EA signs multi-year license extension with UEFA to continue FIFA collaboration
  91. Star Wars has made $3bn for EA
  92. EA has made $3 billion in net bookings from just Star Wars games
  93. EA Sports revives college football games, but without NCAA involvement
  94. EA is getting back into college football without NCAA, player licenses
  95. Animal Crossing: New Horizons sold over 31 million copies in nine months
  96. Super Nintendo World Recreated in Minecraft: A Minecraft player is currently building an authentic replica of the upcoming Super Nintendo World theme park, complete with its rides and shops.
  97. Modded Game Boy looks like an Apple product, works as Apple TV Remote
  98. 25 years later, Midway’s lost “MLB Jam” arcade game has been found
  99. AppOnboard nets $20 million to support ‘no-code’ mobile dev platform Buildbox
  100. Utility Patents – What Game Developers Should Know

Jon