New on West 4th Avenue – Arc'”TERREX”?
I just came across this article which reminded of something interesting that I saw while walking to the bus stop the other day. If you’ve passed between Vine St. and Yew St. on 4th Ave lately, you’ve probably seen a bunch of trees lined up in an elaborate marketing campaign for the new Terrex store. Terrex is a line of outdoor activewear and gear by Adidas, and they have just opened a location on West 4th Avenue. As mentioned in the article linked above, West 4th Ave is a hub for outdoor clothing with brands like Patagonia, Arc’teryx, and now Terrex, all within a few blocks of each other.
The first time I saw the Terrex store, I chuckled to myself because of how much the name sounded like “Arc’teryx” – especially when you say them out loud. That’s why I was interested to see that the Squamish Chief article directly raised this issue, pointing out that “the store banners sound similar, and the names could be confusing.” It sort of reminded me of when I lived in downtown Toronto and I would see “Balenciaga” shoes like this for sale on Spadina.
Adidas Canada’s vice-president of retail, Lesley Hawkins, was quoted in the article saying “I understand that there is some similarity in the names, but Terrex has existed for a long time.” However, it appears that Terrex used to be sold only as a brand at the regular Adidas stores; the solo-branded Terrex stores are a recent addition to Adidas.
I certainly questioned whether it was just a coincidence that Terrex opened at this specific location with such a similar name. According to Hawkins, when Adidas decided to open at this location in 2021, they did not know that Arc’teryx would move nearby (just a few storefronts down).
In my experience as a consumer, Terrex’s new location certainly benefited from its similarity to the nearby Arc’teryx. The Arc’teryx brand has been very popular in Vancouver, and they just opened a large new storefront on 4th Avenue; when I saw Terrex, I immediately thought to compare it’s pricing and merchandise to Arc’teryx.
The similarity of the two names made me think of the intellectual property in the Arc’teryx brand, how Terrex may be allowed to benefit from being compared to Arc’teryx, and whether they are doing so intentionally or not.
Patagonia Sues Gap
I just saw this short news release and thought it might be of interest.
The suit is related to the Gap allegedly copying Patagonia’s “iconic” flap pocket on its fleece jackets. The short article specifically discusses goodwill and confusion, including an example of a customer genuinely being confused.
Spikeball – Already becoming generic?
I enjoyed the velcro video we watched in class and I was trying to think of other such examples, beyond things such as kleenex, xerox, and rollerblades discussed in class. One day, on my way to playing spikeball, a game involving a small trampoline-like thing and a ball, I was thinking of how spikeball potentially fits in here. I was thinking this given that I often here tournaments in which one plays spikeball as “Roundnet” tournaments and was wondering whether these terms were what the game was actually called, key manufacturers within the game, or other entities. As it turns out, even though the game was introduced to me as spikeball and I don’t know of anyone who would not call it by this name, Spikeball is actually the name of a company that manufactures equipment for what the sport is actually called, that being roundnet. The founder had purchased the rights to the product as the original inventor did not patent it, and began manufacturing. I think that this situation is analogous to rollerblades and inline skates, in which while most people do call it rollerblading, the technical terminology would be that they are inline skating. I wonder if this mark can potentially lose reputation/goodwill as it may become generic. Only time will tell.
VV Tech loses its appeal against Twitter over its proposed bird trademark
Twitter has successfully prevented a Singapore technology firm called VV Technology from registering a yellow hummingbird as a trademark for a mobile application. The application was filed in 2018 and was opposed by the American company, Twitter.
In 2019, the principal assistant registrar ruled in favour of twitter, which led to the appeal by VV Technology. VV Technology has now lost its appeal before the High Court. It will be interesting to see how things unfold and if VV Tech is going to appeal once again.
Does anyone think the marks are similar? Feel free to comment below.
The article link : Twitter wins court tussle as Singapore tech firm fails in appeal to have bird logo trademarked – CNA (channelnewsasia.com)
The Phillie Phanatic is Back!
With the Major League Baseball season officially commencing today, I thought it was fitting to share an interesting story about the Philadelphia Phillies mascot, the Phillie Phanatic!
While I’ve attached the link to the full Bloomberg Law story (and the short copyright settlement approval) below, here is a short summary of the story for those interested:
The Philadelphia Phillies purchased a copyright assignment in the Phanatic costume from Bonnie Erickson and Wayde Harrison, who created the costume, pursuant to two agreements: one in 1978 and another in 1984. However, the US Copyright Act allowed Erickson and Harrison to terminate the copyright grant 35 years post-agreement. Thus, the Phillies sued Erickson and Harrison in 2019, seeking a declaration that the two individuals cannot terminate their copyright interest in the mascot. While the two sides ultimately settled the matter confidentially in November 2021, two different magistrate judges made some interesting comments about the case prior to the settlement (which, in my opinion, unduly favour the interests of the Phillies due to their stature as a large MLB franchise and the Phanatic’s wide popularity as a memorable mascot):
- A federal magistrate judge in August 2021 recommended that the Phillies be allowed to continue using the 2020 version of the mascot without having to pay the creators, and
- Magistrate Judge Sarah Netburn said the current Phanatic costume is a derivative work created by the Phillies while it had rights to the design, exempting it from the creator’s termination rights.
Again, while the case was ultimately settled confidentially, it is worth considering whether the above statements unreasonably prejudice the rights of the creators in an attempt to allow the Phillies to capitalize on its highly profitable use of the Phanatic as its mascot. Ultimately, baseball is back, and the Phanatic is too!
Copyright Case: www.bloomberglaw.com/public/desktop/document/PhilliesvHarrisonEricksonIncorporatedetalDocketNo119cv07239SDNYAu/4?1649374041
Formula 1 and IP – Why F1 and Patents Don’t Mesh
As the new Formula 1 (F1) season is fast approaching, the first race of the season being on March 20th, I was curious about how F1 handles IP. This curiosity is derived from the innovation that F1 exhibits each season. For those that do not know, each year each F1 team has to develop a new car based on the guidelines going into that season. This year is particularly special as this season we are going to see the most radical change in guidelines in years. F1 is all about finding the grey areas in the guidelines to develop technology that will give you an edge as every hundredth of a second could mean the difference between winning and losing. On the line is not just pride but teams are compensated by F1 at the end of the season based on their position in the standings. Where a team places can make a difference of 10s of millions of dollars, which of course would make the team more competitive going into the next year as they’d have more funding. Teams definitely have trademarks in their brands but revolutionary F1 technology is often not patented. Teams spend hundreds of millions of dollars developing this technology and do not patent it but rather try to keep their innovations as trade secrets – why is this so? You may think it sounds ridiculous that a company would spend that amount of money to develop technology and not patent it. This is the case because the governing body of F1 has actually said that if a team attempts to patent technology and enforce it, that technology would be banned. If a team patents a design and implements it, the other teams will simply vote it out via the FIA Technical Working Group. The logic here is that if one team develops technology that blows the competition out of the water and then patents it, the racing (which is the whole purpose of F1) would suffer. No one wants to see a race for second with one team dominating. It is a bit funny to write that as Mercedes has actually been dominant from 2014-2021, their driver’s championship streak finally came to an end last year when Red Bull finally won (in a very controversial fashion). Mercedes’s run of dominance is attributed to great drivers, a great engineering team (with some well-kept trade secrets), and a massive budget but not patents. Another reason for the lack of patents in F1 is patenting technology takes time. Cars are updated throughout the year from race to race, if something works it stays, if it doesn’t the team could potentially change it. The patent process is often lengthy and would not keep up with the pace of an F1 season or radical changes in development from year to year.
Despite not patenting the technology in F1, teams that are often owned by major car manufacturers often implement the technology they develop for their F1 cars into their road vehicles. It’s unclear how or if this technology gets patented for road car use but it is definitely cool to see that innovation show some utility on larger scale. An example of such a technology is paddle shifters developed in the 80s and now incorporated in many cars around the world. There are many more examples and I have attached a few articles below for everyone if they would like to learn more about F1 and IP or about the innovations that have made it into road cars.
Thanks for reading!
Vaccines and IP Law – Should vaccine patents be waived in the face of a pandemic?
One interesting topic I thought of in relation to IP law is IP and COVID-19 vaccines. As the wealthy countries of the world vaccinate their populations, even arriving at the stage of providing a third booster dose, developing nations lag significantly far behind in vaccination rates. This is partially due to supply issues as wealthy countries put down big money to secure their vaccine procurement contracts and hoard a large, outsized chunk of the global vaccine supply. This article, “Dose of Desperation,” outlines this exact problem in intricate detail. Canada, alongside other wealthy countries, bought up an outsized share of the global vaccine supply leaving poor countries to struggle to source the lifesaving medication. The Canadian government has acknowledged that the fight against COVID won’t be over unless the world en mass has access to vaccines. It seems to be that without widespread access to vaccines, new variants and outbreaks will continue to emerge putting the entire world at some level of risk. It will take a truly global effort to effectively end the COVID-19 pandemic. One question that has stuck with me through the course of these unprecedented times is, is it truly justified to provide IP in vaccines to the companies that have developed them when we as a global community are faced with a deadly virus that has taken the lives of millions? Currently, IP law prevents developing countries from making their own domestic, generic version of the vaccines. I understand that the rationale in providing IP in one’s creations is partially to incentivize inventors and scientists to innovate, but is a global pandemic a valid reason to ignore these goals of IP law? I wanted to explore whether there is a case to be made to suspend the patents for the vaccines so generic versions can be produced – would doing so actually have an effect and get vaccines out more broadly? Or would doing so still fail to meet the goal of providing vaccines more broadly, sooner?
Here is an interesting clip, CBC Clip, from the CBC that delves into these questions and outlines Doctors without Borders stance that patents should be suspended. Doctors without Borders’ argues this debate is cut and dry as it is about saving lives over saving systems (referring to IP law). The COVAX program that has multiple partners and contributors, mostly wealthy countries, was designed to increase vaccine availability without the suspension of patents. There has been buy-in from the US and many EU countries into COVAX but both the US and EU have initially been against suspension of patents. The article I linked above details how despite the program having some success, most countries have failed to meet their commitments on getting vaccines to developing countries as soon as possible. Also, there have often been shipments of vaccines that arrive at their destination expired and of no use. Is mass production of the vaccines stripped of IP the answer? Would there even be sufficient facilities to produce the vaccine generically? Doctors without Borders’ seem to think so and the organization has cited the slow and ineffective rollout to developing countries as a reason to suspend the patents. The Doctors without Borders representative in the clip, a co-inventor of the Hep C vaccine, acknowledges that the IP law system we have in place currently does incentivize innovation and is effective in a normal context, it’s just in the context of the COVID-19 pandemic that has had widespread effects on society that even go beyond the illness (financial impacts, child development issues, etc) the requirements of the system should be outweighed by the impact of the pandemic. Despite it being unlikely every country will directly benefit from suspending the patents, any increased global production of vaccines helps – especially in places like India that have a large chunk of their population unvaccinated despite being a large producer of vaccines for wealthy countries.
About 10 months ago, it seemed the US had come around on this issue as President Biden has changed his stance to support a temporary waiver of the vaccine patents. Here is an article explaining the change in course: US reverses stance. However, at the time I am writing this post there is still no waiver as the US and the other 100+ countries in favour of waiving the patents have met stiff opposition from the UK and Germany for the most part. Here is an interesting article explaining the pushback and where this debate has gone over the last year: Vaccine Waiver Pushback.
Moderna has made statements they would share IP but only in a post-pandemic situation – what’s the point then? What Moderna Reveals About the Cruel Absurdity of “Innovation” Under Pharmaceutical Monopolies. In my opinion, we need to make a stronger push to get waivers for vaccines so developing countries can produce supply at home and increase vaccine availability. The pharmaceutical companies may want to complain and throw a fit but if we’re being honest, these companies, while doing the world a great service in inventing these vaccines, have been paid back for their contribution plenty of times over. These companies have made billions of dollars over the course of the pandemic and providing countries with the ability to produce generic vaccines to finally make a global push to draw this pandemic to a close seems like a no-brainer to me.
News of the Week; February 24, 2021
- Canadian consultation on extending the general term of copyright open through March 12
- Extra, extra, read all about it: new Canadian Bill proposes remuneration for use of journalistic works online
- Time to Pay the Copyright Piper? A Digital Media Platform Copyright Reckoning for Journalists is Upon Us!
- Meghan Markle gets summary judgment – but is she the sole author of her letter?
- Duchess of Sussex wins summary judgment in copyright and privacy claims
- Duchess of Sussex v Mail on Sunday & MailOnline
- HHJ Hacon decides ownership of Virtual Forensic Computing software created during course of employment.
- Karma: Twitch Replaces Live Metallica Concert With 8-Bit Music To Avoid Copyright Madness
- Understanding the Boundaries of Using Copyrighted Learning Materials in Distance Learning
- Hooray for the Public Domain: A prequel to The Great Gatsby sees the light of day!
- A Closed Book: No Past Infringement, No Reading Between the Lines into the Future
- Third circuit panel revises half-baked trade dress functionality decision
- 9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs
- Apple Settles Trademark Opposition With PrePear Recipe App After The Latter Makes A Barely Perceptible Change In Logo
- A Registration is a Trump Card
- Peloton Seeks To Invalidate ‘Spinning’ Trademark Held By Trademark Bully
- FyreTV Porn Service Asks 11th Circuit Panel To Resurrect Dumb Trademark Suit Against Amazon Over FireTV
- USPTO Provides Guidance in View of ‘Booking.com’
- Trademark registrability of generic.com domain names following US Supreme Court decision on Booking.com
- Fairtrade Fortnight
- Protecting product appearance through trademark and design registrations
- Domain Name Dispute Resolution Options: Features, Benefits and Other Considerations for Selecting Between UDRP and URS
- Federal Circuit Clarifies When Appellate Review Triggers Patent Term Adjustment
- Federal Court Dismisses Limitation Period Defence in Patent Infringement Action under Section 8.2 of the PM(NOC) Regulations
- Canadian courts are interpreting supplementary pharmaceutical patent protection more broadly than their EU counterparts
- Lack of enablement in Amgen v Sanofi and Regeneron
- Federal Circuit Axes Amgen Antibody Patents, Finding Lack of Enablement
- Judge Schofield Rejects Application of Rare Equitable Estoppel Defense
- 2G or Not 2G: Patent License Applies to Future Generation Wireless Networks
- Boom in M&A shifts semiconductor patent landscape
- Patent Office Issues Guidance on Indefiniteness
- When is someone “authorised” to use a patented invention for the services of the Crown and therefore immune from patent infringement?
- John Deere Promised To Back Off Monopolizing Repair. It Then Ignored That Promise Completely.
- California can enforce net neutrality law, judge rules in loss for ISPs
- California Poised To Defeat Broadband Industry In Scrum Over Net Neutrality
- ‘Net Neutrality Hurt Internet Infrastructure Investment’ Is The Bad Faith Lie That Simply Won’t Die
- FCC Pressured To Let Libraries Bridge Broadband Access During The Pandemic
- China blocks BBC World News in Tit-for-tat move following CGTN Ban in UK
- Ontario Court Sets Out New Tort of “Harassment in Internet Communications”
- Facebook to reverse Australia news ban after lawmakers alter bill
- Facebook Caves To Australia: Will Restore Links After Government Gives It More Time To Negotiate Paying For News Links
- Right to post: Australia calls Facebook blocks an assault on a sovereign nation: Health Minister Greg Hunt has turned up the rhetorical dial after Facebook blocked Australian news media this morning.
- Facebook news ban is “arrogant,” Australia will not be “intimidated,” PM says
- The Bizarre Reaction To Facebook’s Decision To Get Out Of The News Business In Australia
- Why Is Facebook’s Decision to Restrict News in Australia So Significant?
- Australian News Sites Shocked & Upset To Learn They Don’t Need To Rely On Facebook For Traffic!
- Facebook’s Australian News Ban Did Demonstrate The Evil Of Zero Rating
- Beware the Unintended Consequences: Some Warning Signs for Canada from the Australian Government Battle With Facebook (Michael Geist)
- The Complexity of Internet Content Regulation – A Conversation with CIPPIC’s Vivek Krishnamurthy (Michael Geist)
- Microsoft throws Google under the bus in European news fight
- YouTube Removes PewDiePie’s Cocomelon Diss Track, Citing Harassment And Child Safety Policies
- Is Mandated Sideloading The Answer To App Store Deplatforming?
- Indian Government Requires Educational Establishments To Obtain Its Approval For The Subject Matter And Participants Of International Online Conferences And Seminars
- Tech groups sue Maryland to block new digital-ad tax from going into effect
- Is Section 230 Just For Start-ups? History Says Nope
- North Dakota’s New Anti-230 Bill Would Let Nazis Sue You For Reporting Their Content To Twitter
- Attacks On Internet Free Speech In Malaysia And Indonesia Demonstrate Why Section 230 Is So Important
- Content Moderation Case Study: Senator Asks YouTube To Block Al Qaeda Videos (2008)
- Content Moderation Case Study: Chatroulette Leverages New AI To Combat Unwanted Nudity (2020
- Doctor Can’t Win Default Judgment Over Patient’s Yelp Review–Mirza v. Amar (Eric Goldman)
- Maryland First State to Adopt Digital Ad Tax
- YouTube Shutters 7 Remaining ‘YouTube Spaces’ Globally, Doubling Down On Pop-ups And Virtual Programming
- Spotify Will Enable Podcasters To Charge For Monthly Subscriptions, Slates Broader Rollout For Video Podcasts
- Internationalized domain names: definition, challenges, and status
- Copyright in works created by artificial intelligence: issues and Perspectives
- Artificial Intelligence and Patents: Inventing Inventors
- Takeaways | Requiring Human Inventorship – Opportunities to Advise Whether to Prohibit, Permit, or Require Listing an AI Algorithm as an Inventor – Eastern District of Virginia & European Patent Office
- Legal Aspects of Artificial Intelligence (v3.0)
- AI can write a passing college paper in 20 minutes: Natural language processing is on the cusp of changing our relationship with machines forever.
- Microsoft says SolarWinds hackers stole source code for 3 products
- To pay or not to pay: Another regulator weighs in on the decision to pay a ransom
- LAPD Asked Ring Users To Turn Over Footage Of Anti-Police Brutality Protests
- Illinois politician proposes a Grand Theft Auto ban
- New Illinois Bill Would Expand Restrictions on Video Games
- UK antitrust tribunal blocks Epic’s case against Apple
- Epic Games attacks Apple in antitrust complaint to EU: Apple’s position as a gatekeeper for what apps can appear on iPhones or iPads has already attracted EU antitrust scrutiny
- Valve gets dragged into Apple and Epic’s legal fight over Fortnite
- Apple turns to Valve for information in legal battle with Epic
- Valve pushes back against Apple’s attempt to rope it into the big Epic v. Apple dispute
- Bethesda faces lawsuit over Fallout 4 DLC: The company faces charges of deceit for not including its Creation Club in the game’s Season Pass, which could delay Microsoft’s ZeniMax takeover
- Microsoft Unveils Xbox Accessibility Guidelines Version 2.0
- PS5 DualSense drift — this teardown just revealed the cause
- CD Projekt Red issues DMCA to prevent spread of stolen Gwent code
- CD Projekt issues DMCA takedowns to halt spread of illegally obtained source code
- Report: Some CD Projekt devs unable to work after ransomware attack
- Take-Two DMCA takes down reverse-engineered GTA source code
- Take-Two reportedly takes down reverse-engineered GTA3, Vice City source code
- Steam’s new controller reporting lets devs know how their games are played
- Burning Crusade Classic leaks ahead of BlizzCon
- Microsoft’s accessibility guidelines are a great start — but we can go further | Opinion
- Unity report shows mobile games ad revenue grew 8% in 2020
- January digital games spending reaches $11.6bn
- Notre Dame sitting out of EA Sports College Football for now
- Bungie scaling up to expand Destiny ‘into additional media’ and create new IPs
- Live-action Twisted Metal TV series moving forward
- Cambrian’s new game design program launches in September
- Sony developing ‘next-generation VR system’ for PlayStation 5
- Sony announces new PSVR hardware for PlayStation 5
- Sony just confirmed PSVR 2 for PS5 — these are the biggest upgrades
- Next-Gen VR Dev Kits for PS5 Shipping Soon with “completely new VR format”
- Sony Confirms Next-Gen PSVR is Coming, New Controllers to Feature DualSense Tech
- PlayStation’s commitment is a huge boost to the VR market | Opinion
- Carmack: Facebook-Oculus Acquisition ‘Not A Perfect Outcome’ But Still ‘Correct’ For The Company
News of the Week; February 17, 2021
- A consultation on how to implement an extended general term of copyright protection in Canada (Canada)
- Copyright Term Extension – March 12 2021 Deadline to Respond to Very Disappointing Document (Howard Knopf)
- Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension (Michael Geist)
- The Copyright Bill That Does Nothing: Senate Bill Proposes Copyright Reform to Support Media Organizations (Michael Geist)
- Copyright Term Extension: To Life Plus 70 Years, But Not Beyond! Government Consultation on Copyright Term Extension Now Open
- Should We Require Human Inventorship? Submit Your Amicus Brief by March
- 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.
- Copyright and database rights in database schema: Software Solutions Ltd and others v 365 Health and Wellbeing Ltd and Smith
- Judiciary’s Approach to Moral Rights under Copyright Law
- H&M and Unicolors weave up at Copyright battle at US SC
- UK Courts find hidden voice in film authorship dispute
- Pan-European Design Protection: Considerations for the fashion sector post-Brexit
- Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It
- A Shoe-In? Fleet Feet Gives Injunction Appeal the Moot Boot
- Amazon keeps hitting the target… but not quite in a trade mark context
- One too many Pink Ladies
- Tefal fails to secure trade mark protection for its red dot despite survey evidence
- ‘It’s like milk but made for humans’: General Court overturns EUIPO’s refusal to register Oatly’s trade mark
- When is a slogan a trade mark?
- Random Jackass Attempts To Trademark ‘Mayor Of Mar-A-Lago’ In The Most Hilarious Way
- How life sciences companies can strengthen IP strategies through the use of trade secrets
- ITC Finds Trade Secret Misappropriation and Bars Electric Vehicle Batteries from SK Innovation—With Exceptions
- $6 Million Verdict Vacated in Flooring Tech Trade Secrets Row
- The Facts on Fax Machines: They’re Not Dead, They’re Indefinite
- Foreign Prosecution History: To Admit, Or Not To Admit, That Remains a Puzzle To Canadian Courts
- Federal Court finds silodosin formulation patent valid but not infringed
- Patent application extensions of time in Canada
- Extensions of time in Canada: worth the trouble?
- Contradictory Positions Render Claims Indefinite
- “Safe Harbor” Act May Save Pfizer From Infringement for Covid Vaccine Clinical Trials
- It Is Improper To Read a Claim in a Grammatically Incorrect Way Simply To Include a Disclosed Embodiment
- US patents: Body blow for antibodies
- There’s no such thing as an international patent
- Everyday IP — Flushing out the facts: When was indoor plumbing invented?
- From Snail Mail to Streaming: The Netflix Intellectual Property Story
- Cloud Contracts: The Impact of Common Terms of Service Provisions on Intellectual Property Rights
- The link between intellectual property rights and business performance
- IP law looms large over U.S.-China relations
- Why Laid Off Bell Sports Journalists Should Form A Worker Co-op: We cannot rely on legacy corporate media to save the journalism industry. It’s time to build something better.
- Circumventing Parliament: How Bill C-10 Dramatically Reduces Parliamentary Oversight and Review Over Broadcast Policy (Michael Geist)
- Are Social Media Services “State Actors” or “Common Carriers”? (Eric Goldman)
- Dumb New GOP Talking Point: If You Restore Net Neutrality, You HAVE To Kill Section 230. Just Because!
- A reckoning for the paparazzi and tabloid media
- Facebook goes nuclear, banning all news posts in Australia
- Big Tech opens wallet for publishers as Australian news code looms
- Google and Facebook grapple with news publishers, as Australia becomes a test case
- The Internet Is Splintering
- Posing as Amazon seller, consumer group investigates fake-review industry
- There won’t be blood: Apple is making its syringe emoji a vaccine dose
- State lawmakers override veto, become first in nation to tax online ads
- Biden Administration Presses Pause on WeChat and TikTok Appeals
- Biden Administration Asks Federal Courts to Pause TikTok and WeChat Cases
- Twitter CFO Says Trump Is Banned In Perpetuity, Even If He Runs For Office Again
- Facebook has been helping law enforcement identify Capitol rioters
- Facebook Blocks News Viewing, Sharing In Australia, Faces Backlash From Emergency Services
- Zuckerberg responds to Apple’s privacy policies: “We need to inflict pain”: Meeting between Zuckerberg, Cook “resulted in a tense standoff.”
- Insights: Apple And Facebook Are Fighting For The Future As Much As For Now
- Inside the Making of Facebook’s Supreme Court: The company has created a board that can overrule even Mark Zuckerberg. Soon it will decide whether to allow Trump back on Facebook.
- The Copia Institute To The Oversight Board Regarding Facebook’s Trump Suspension: There Was No Wrong Decision
- Zuckerberg’s Grand Illusion: Understanding The Oversight Board Experiment
- United States: towards the end of Internet intermediary immunity?
- New details emerge about Google’s payments to link to French news sites
- Why young designers are using social media to shame fast fashion copycats
- Orrin Hatch, Who Once Wanted To Destroy The Computers Of Anyone Who Infringed On Copyrights, Now Lies About Section 230
- Content Moderation Case Study: Valve Takes A Hands Off Approach To Porn Via Steam (2018)
- Content Moderation Case Study: Google ‘Removes’ German Residences From Street View By Request (2010)
- Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google (Eric Goldman)
- Section 230 Applies to Articles by Huffington Post Contributors–Page v. Oath (Eric Goldman)
- WhatsApp messages – who is in control?
- YouTube’s ‘Shorts’ TikTok Clone, With 3.5 Billion Daily Views, To Arrive In The U.S. This March
- YouTube Launches Bi-Weekly ‘Shorts Report’ To Bolster Its TikTok Competitor
- TikTok’s U.S. Ad Business Grew 500% In 2020, It Says
- SAG-AFTRA Ratifies New ‘Influencer Agreement’ Covering Creator-Generated Branded Content
- Disney+ Closes 2020 With 94.9 Million Subscribers, Expects To Hit 230 Million In 2024
- An anniversary for great justice: Remembering “All Your Base” 20 years later
- IP law and strategy for AI – A European perspective
- Top Ten Legal Considerations for Use and/or Development of Artificial Intelligence in Health Care
- Enough is enough — Governing the ungovernable
- FTC Settles Facial Recognition Data Misuse Allegations with App Developer
- he Perfect Storm for Privacy and Adtech: How the End of the Cookie Era Will Reshape the Digital Marketplace
- Information Commissioner confirms conservatives illegally collected data to racially profile voters
- Nintendo reportedly raises damages sought in Colopl lawsuit to $47m
- Nintendo claims additional damages in White Cat Project lawsuit
- Epic Games’ Case Against Teenage Fortnite Cheater Finally Settles
- Epic files EU antitrust complaint against Apple
- Fortnite vs. Apple continues to escalate with new antitrust complaint
- Fortnite fight expands as Epic claims Apple broke EU competition law
- North Dakota lawmakers jump into Apple/Epic fight with new app store bill
- Coalition for App Fairness behind North Dakota bill against Apple: Money from the organisation co-founded by Epic Games paid for lobbyists to introduce new bill into state senate
- A North Dakota bill aiming to loosen Apple’s tight grip on iOS has failed
- One Patent To Rule Them All | Podcast: We discuss the implications of Warner Bros’ Nemesis system patent, with Harbottle & Lewis’ Kostya Lobov
- PC versions of Grand Theft Auto reverse-engineered to raw source code
- Hackers claim to have sold Cyberpunk 2077, Witcher 3 source code
- CD Projekt Red source code reportedly sells for millions in dark Web auction
- How close is too close? A look into the use of altered trade marks and third-party ‘patches’ in videogames
- Eximius dev relaunching title after publisher dispute
- US game spending up 42% in January, says NPD
- Zynga delivers record annual revenues thanks to ‘forever franchises’
- Bad Robot looking to be the rare Hollywood-and-games success story
- Last Of Us HBO series casts Pedro Pascal as Joel
- Dota 2 is getting a Netflix series: The eight-episode anime series will launch on March 25
- The ‘GaaS or subscription service’ squeeze in games
- Blog: Video game music concerts in 2021
News of the Week; February 10, 2021
- Federal Court trusts technology to prove infringement
- 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.
- Latest Anti-Accountability Move By Cops Involves Playing Music While Being Recorded In Hopes Of Triggering Copyright Takedowns
- Celebrity tattoo artist Kat Von D sued for inking Miles Davis design? Tats crazy!
- Desire v. Manna Textiles (USCA, 9th Circuit): Holds only one statutory damages award available where defendant supplied infringing work to other defendants, even when those other defendants exploited infringing work.
- 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.
- Be careful what you scrape from the HiQ v. LinkedIn decision
- Sherlock Holmes and the copyright infringement claim
- Protect your moves – A mix of Intellectual Property and Dance
- Snippet Taxes Not Only Violate The Berne Convention, But Also Betray The Deepest Roots Of Newspaper Culture
- Why Is Congress Pushing For Locking Up More Culture?
- SCOTUS Update – Google v. Oracle
- Music – Royalty Rates for Digital Transmissions
- Copyright year in review 2020
- The growing role of domains in IP
- What to Do when “Everything Sucks”
- Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It
- Taylor Swift sued by Utah Theme Park for trademark infringement.
- Pearl Jamm changes name to Legal Jam…to avoid legal jam
- SDNY Magistrate Judge Recommends that Rubik’s Cube Design is Not Functional
- Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark
- How to Register a Common Shape as Your Trademark
- Trademarks in 2020: notable cases and developments
- Trade Secret Management in the United States: Top Ten Mistakes to Avoid
- December 2020 COVID-19 Relief Bill Finally Closes the Streaming Loophole
- Third Circuit Finds Pocky Trade Dress Functional, Not Protectable
- There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional
- The Doctrine of File Wrapper Estoppel in Canada: The Court of Appeal Hands Down its Decision
- Evidence Supports Prior Art’s Public Accessibility but Not the Board’s Adoption of an Unpresented Theory of Anticipation
- Federal Circuit Clarifies Part of Patent Term Extension Equation
- Federal Circuit Says Automated Systems Are Not Abstract when Tied to Improvements
- The “Skinny Label” – The Federal Circuit Has Second Thoughts
- No Patent Eligibility Reward for Customer Loyalty Program Computer System
- How to patent over-the-air (OTA) automotive technology
- Federal Circuit Agrees to Reconsider Ruling in GSK v. Teva Drug Patent Case
- When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs
- Key Insights for Obtaining FinTech Patents
- Patents in 2020 – The year in review
- Conservative MP Files Amendment Calling on the Government to Withdraw Bill C-10 (Michael Geist)
- 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)
- Big Game, Ad Claims: Reflecting on Super Bowl Advertising Tactics
- 25 Years Later: A Celebration Of The Declaration Of The Independence Of Cyberspace
- Google, Facebook tell SCOTUS it should be harder for you to sue them
- Senators Warner, Hirono, And Klobuchar Demand The End Of The Internet Economy
- Platform mergers and antitrust: This paper sets out a framework for addressing competition concerns arising from acquisitions in big platform ecosystems.
- The Definitive Guide to Clickwrap
- We’re Living Our Lives On The Internet, And We Can’t Be Free If It Isn’t.
- Now It’s The Democrats Turn To Destroy The Open Internet: Mark Warner’s 230 Reform Bill Is A Dumpster Fire Of Cluelessness
- Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers
- Proposed Sec. 230 rewrite could have wide-ranging consequences
- The Many Reasons To Celebrate Section 230
- Section 230 Lets Tech Fix Content Moderation Issues. Congress Should Respect That
- How To Think About Online Ads And Section 230
- How Section 230 Makes My Life Better (A Celebration of Its 25 Year Anniversary) (Eric Goldman)
- Content Moderation Case Study: Twitch Allows Users To Enable Emote-Only Chats (2016)
- Content Moderation Case Study: Twitter Attempts To Tackle COVID-related Vaccine Misinformation (2020)
- Universal Music Yanks Catalog From Triller, Slams Service For Withholding Artist Payments
- Texas Dept. Of Public Safety Issues Amber Alert For Victim Of Horror Doll Chucky
- 25 years ago today, the internet declared its independence — for better and for worse
- Protecting AI Innovations Through Trade Secrets and Patent Protection
- The Collision of AI’s Machine Learning and Manipulation: Deepfake Litigation Risks to Companies from a Product Liability, Privacy, and Cyber Standpoint
- Turf wars: confidentiality of live (sports) data
- Shadow of War publisher Warner Bros. has patented the series’ Nemesis system
- Super Nintendo World apparently took scenery from a Mario fangame
- G.I. Bro is a Go: Copyright Dispute Over Call of Duty Poster Survives Summary Judgement
- Activision Blizzard sued over Call of Duty character
- Warner Bros finally secures patent for Shadow of Mordor’s Nemesis system
- CD Projekt Red’s internal systems “compromised” following ransomware attack
- CD Projekt Red gets ‘cyberpunk’d’ – another ransomware attack
- Cyberpunk 2077 developer hit with ransomware attack
- Cyberpunk 2077 developer CD Projekt hit by ‘targeted cyber attack’
- MP proposes bill to make console scalping illegal amid PS5 and Xbox Series shortages
- Terraria developer cancels Google Stadia port after YouTube account ban
- Epic Games’ ability to go to war with Apple stems from its financial freedom, says CEO
- Epic’s new tool promises high-fidelity human characters in under an hour
- Epic Games’ new MetaHuman Creator will let devs build hi-fi humans
- EA Sports Announces College Football Video Game Revival and Another Collegiate Athlete Persona Rights Piece of Legislation is Proposed in Congress
- “90 bugs left”: Rare devs talk about the nearly completed Goldeneye 007 remake