News of the Week; December 2, 2020

INTELLECTUAL PROPERTY

  1.  Nicki Minaj Safeguards the Right for Artists to Experiment with Unlicensed Work
  2. Skateboard Graphic Artist Sues Jack Black, Tony Hawk, and The Berrics for Copyright Infringement of Skateboard Graphic Design
  3. PewDiePie’s “My Heart Will Go On”: A Case Study in the DMCA and YouTube’s Copyright Dispute Process (Part I)
  4. Peace does not get a chance
  5. Supermodel Sues for Alleged Unauthorized Use of Her Likeness 
  6. The EU Commission better get its skates on when it comes to copyright
  7. World’s Worst Copyright Troll, Richard Liebowitz, Suspended From Practicing Law
  8. ‘Tis The Season: Congress Looks To Sneak In Unconstitutional Copyright Reform Bill Into ‘Must Pass’ Spending Bill
  9. Circumventing technological protection measures and website blocking orders: An EU perspective
  10. Ferrari Wins Legal Case Against Designer Philipp Plein’s Use Of Its Supercars, But He Says It’s Not Over
  11. Philipp Plein Loses Court Battle Against Ferrari Over Illegal Use of Its Brand
  12. How the Freddy copycat fashion case opens up new options for designers
  13. Nevermind: Who Really Owns Nirvana’s Iconic Smiley Face Design? 
  14. From football stadiums to railway stations…covering the bigger picture with registered designs
  15. When Trademarks Get Messi: Likelihood of Confusion and Leo Messi’s Big European Trademark Win 
  16. Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc.
  17. AMERICAN EAGLE found to infringe EAGLE RARE trade mark in the UK
  18. EUIPO: What’s in the name…………… Hamilton!
  19. A Butler cannot be Royal!
  20. Minimalist trademarks: trend to follow or end of the road for uniqueness?
  21. The Burberry case: influencers, rappers and VIPs, watch out for improper use and associations to reputed brands
  22. A guide to trade mark revocation for legacy brands
  23. Snap Removal in Trade Secret Cases
  24. Risks and rewards of trade secrets in Europe
  25. Patenting antibody-based biologics in Canada
  26. Federal Circuit Confirms That “Magnetic Fuzz” Is Too Fuzzy for a Patent Claim 
  27. Working from home — does it affect patent ownership for employee inventions?
  28. It’s a Date – Twitter Reply Proves Prior Art Publication Date 
  29. Effectively using experts in IP litigation part two: practice 
  30. (S)he´s making a list, (S)he´s checking it twice: An IP due diligence checklist for the holidays – or any time 
  31. The Broadcasting Act Blunder, Day Six: The Beginning of the End of Canadian Broadcast Ownership and Control Requirements (Michael Geist)
  32. The Broadcasting Act Blunder, Day Seven: Beware Bill C-10’s Unintended Consequences (Michael Geist)
  33. The Broadcasting Act Blunder, Day 8: The Unnecessary Discoverability Requirements (Michael Geist)
  34. The Broadcasting Act Blunder, Day 9: Why Use Cross-Subsidies When the Government is Rolling Out Tech Tax Policies? (Michael Geist)
  35. The Broadcasting Act Blunder, Day 10: Downgrading the Role of Canadians in their Own Programming (Michael Geist)
  36. In the Conversion to NextGen TV, Who is Responsible for the Content of the Simulcast Streams?
  37. Increased Web Page Accessibility Requirements for Private and Non-Profit Organizations in Ontario Come into Effect in 2021 and AODA Accessibility Report Due Date Extended
  38. Just As #DiaperDon Starts Trending, Trump Claims That Twitter Uses ‘Fake’ Trends, Calls For ‘Termination’ Of Section 230
  39. Trump Promises To Defund The Entire Military, If Congress Won’t Let Him Punish The Internet For Being Mean To Him
  40. Trump to Congress: Repeal Section 230 or I’ll veto military funding
  41. White House Still Pushing To Slip Section 230 Repeal Into ‘Must Pass’ Military Spending Bill
  42. Congress Decides To Ignore Trump’s Ridiculous Veto Threat If Military Authorization Doesn’t Wipe Out Section 230
  43. New Ebook on Zeran v. AOL, the Most Important Section 230 Case (Eric Goldman)
  44. Cases against Facebook are reportedly coming… when FTC decides how
  45. The Material Conditions of Platforms: Monopolization Through Decentralization
  46. Content Moderation Case Study: Reclaiming A Hashtag (2020)
  47. As a Service | Selling to consumers using a subscription model
  48. Platform Regulation Should Focus on Transparency, Not Content
  49. New Tech Regulation for the UK? Sounds familiEUr…
  50. New York Passes Wide-Ranging Automatic Renewal (Subscription Model) Law
  51. As organizations accelerate their digital transformation initiatives, they are increasingly embracing the power, affordability and versatility of open source software.
  52. Choose your movies and also their endings!
  53. A robot’s muse: when AI creates art
  54. AI inventors? Why should we care?
  55. French Gov’t Walks Back Proposal To Make Publishing Images Of Police Officers Illegal After Massive Protests Erupt Across The Nation
  56. Nicalis issues DMCA against free Cave Story games
  57. Supercell cancels Hay Day Pop
  58. Supercell shutting down Hay Day Pop after less than a year 
  59. Fortnite’s Nexus War event could expose Twitch streamers to DMCA problems
  60. Travis Scott reportedly grossed roughly $20m for Fortnite concert appearance
  61. Uri Geller retracts 20-year ban on Kadabra Pokémon trading cards
  62. CDPR will take down Cyberpunk 2077 streams & let’s plays aired before launch
  63. Video: Lessons from Sony Interactive Entertainment’s localization process

Jon