News of the Week; February 10, 2021

INTELLECTUAL PROPERTY

1. Federal Court trusts technology to prove infringement
2. Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters. 
3. Latest Anti-Accountability Move By Cops Involves Playing Music While Being Recorded In Hopes Of Triggering Copyright Takedowns
4. Celebrity tattoo artist Kat Von D sued for inking Miles Davis design? Tats crazy!
5. Desire v. Manna Textiles (USCA, 9^th Circuit): Holds only one statutory damages award available where defendant supplied infringing work to other defendants, even when those other defendants exploited infringing work.    
6. Carlini v. Paramount Pictures Corp. (USDC, California): Court action brought alleging film “What Men Want” infringed plaintiff’s screenplay, finding access was insufficient and works were not substantially similar. 
7. Be careful what you scrape from the HiQ v. LinkedIn decision 
8. Sherlock Holmes and the copyright infringement claim
9. Protect your moves – A mix of Intellectual Property and Dance
10. Snippet Taxes Not Only Violate The Berne Convention, But Also Betray The Deepest Roots Of Newspaper Culture
11. Why Is Congress Pushing For Locking Up More Culture? 
12. SCOTUS Update – Google v. Oracle 
13. Music – Royalty Rates for Digital Transmissions 
14. Copyright year in review 2020 
15. The growing role of domains in IP 
16. What to Do when “Everything Sucks” 
17. Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It
18. Taylor Swift sued by Utah Theme Park for trademark infringement.
19. Pearl Jamm changes name to Legal Jam…to avoid legal jam 
20. SDNY Magistrate Judge Recommends that Rubik’s Cube Design is Not Functional 
21. Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark 
22. How to Register a Common Shape as Your Trademark 
23. Trademarks in 2020: notable cases and developments 
24. Trade Secret Management in the United States: Top Ten Mistakes to Avoid 
25. December 2020 COVID-19 Relief Bill Finally Closes the Streaming Loophole 
26. Third Circuit Finds Pocky Trade Dress Functional, Not Protectable 
27. There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional
28. The Doctrine of File Wrapper Estoppel in Canada: The Court of Appeal Hands Down its Decision 
29. Evidence Supports Prior Art’s Public Accessibility but Not the Board’s Adoption of an Unpresented Theory of Anticipation
30. Federal Circuit Clarifies Part of Patent Term Extension Equation 
31. Federal Circuit Says Automated Systems Are Not Abstract when Tied to Improvements 
32. The “Skinny Label” – The Federal Circuit Has Second Thoughts 
33. No Patent Eligibility Reward for Customer Loyalty Program Computer System
34. How to patent over-the-air (OTA) automotive technology 
35. Federal Circuit Agrees to Reconsider Ruling in GSK v. Teva Drug Patent Case 
36. When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs 
37. Key Insights for Obtaining FinTech Patents
38. Patents in 2020 – The year in review
39. Conservative MP Files Amendment Calling on the Government to Withdraw Bill C-10 (Michael Geist)
40. Why The Secrecy on Bill C-10?: How the Liberals Abandoned Their Commitment to Consultation, and Transparency in Pushing Their Broadcast Reform Bill (Michael Geist)
41. Big Game, Ad Claims: Reflecting on Super Bowl Advertising Tactics
42. 25 Years Later: A Celebration Of The Declaration Of The Independence Of Cyberspace
43. Google, Facebook tell SCOTUS it should be harder for you to sue them
44. Senators Warner, Hirono, And Klobuchar Demand The End Of The Internet Economy
45. Platform mergers and antitrust: This paper sets out a framework for addressing competition concerns arising from acquisitions in big platform ecosystems.
46. The Definitive Guide to Clickwrap
47. We’re Living Our Lives On The Internet, And We Can’t Be Free If It Isn’t.
48. Now It’s The Democrats Turn To Destroy The Open Internet: Mark Warner’s 230 Reform Bill Is A Dumpster Fire Of Cluelessness
49. Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers
50. Proposed Sec. 230 rewrite could have wide-ranging consequences
51. The Many Reasons To Celebrate Section 230
52. Section 230 Lets Tech Fix Content Moderation Issues. Congress Should Respect That
53. How To Think About Online Ads And Section 230
54. How Section 230 Makes My Life Better (A Celebration of Its 25 Year Anniversary) (Eric Goldman)
55. Content Moderation Case Study: Twitch Allows Users To Enable Emote-Only Chats (2016)
56. Content Moderation Case Study: Twitter Attempts To Tackle COVID-related Vaccine Misinformation (2020)
57. Universal Music Yanks Catalog From Triller, Slams Service For Withholding Artist Payments
58. Texas Dept. Of Public Safety Issues Amber Alert For Victim Of Horror Doll Chucky
59. 25 years ago today, the internet declared its independence — for better and for worse
60. Protecting AI Innovations Through Trade Secrets and Patent Protection
61. The Collision of AI’s Machine Learning and Manipulation: Deepfake Litigation Risks to Companies from a Product Liability, Privacy, and Cyber Standpoint
62. Turf wars: confidentiality of live (sports) data
63. Shadow of War publisher Warner Bros. has patented the series’ Nemesis system
64. Super Nintendo World apparently took scenery from a Mario fangame
65. G.I. Bro is a Go: Copyright Dispute Over Call of Duty Poster Survives Summary Judgement
66. Activision Blizzard sued over Call of Duty character
67. Warner Bros finally secures patent for Shadow of Mordor’s Nemesis system
68. CD Projekt Red’s internal systems “compromised” following ransomware attack
69. CD Projekt Red gets ‘cyberpunk’d’ – another ransomware attack
70. Cyberpunk 2077 developer hit with ransomware attack
71. Cyberpunk 2077 developer CD Projekt hit by ‘targeted cyber attack’
72. MP proposes bill to make console scalping illegal amid PS5 and Xbox Series shortages
73. Terraria developer cancels Google Stadia port after YouTube account ban
74. Epic Games’ ability to go to war with Apple stems from its financial freedom, says CEO
75. Epic’s new tool promises high-fidelity human characters in under an hour
76. Epic Games’ new MetaHuman Creator will let devs build hi-fi humans
77. EA Sports Announces College Football Video Game Revival and Another Collegiate Athlete Persona Rights Piece of Legislation is Proposed in Congress
78. “90 bugs left”: Rare devs talk about the nearly completed Goldeneye 007 remake

Jon