News of the Week

INTELLECTUAL PROPERTY

1. Foreign Certificate of Registrations of Copyright may not suffice to prove ownership of copyright in Canada
2. How one musician took on the world’s biggest TV network over copyright—and won
3. Ninth Circuit Panel Adopts “Asserted Truths” Doctrine in Holding Jersey Boys Musical Does Not Infringe Copyright 
4. INSTA-FRAUD Instagram ‘Copyright Infringement’
5. Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial
6. Why Software Developers Should Provide Licensees With Software Escrow Services 
7. Getting Your Website Ready for the New Library of Congress Copyright Claims Board
8. A Short Summary of the CASE Act (Tyler Ochoa) 
9. Mixed reactions as copyright owners ring in 2021 with CASE Act
10. In CASE You Missed It: Significant New Dispute-Resolution Process for Copyright Claims 
11. New Stimulus Bill Creates Small Claims Copyright Court 
12. Pepe the Frog 
13. Knobbe Practice Webinar Series – Protecting User Interface Technologies
14. Celebrated graffiti artist Futura sues The North Face for its FUTURELIGHT apparel line alleging copyright and trademark infringement 
15. A COVID-19 fast-track for Canadian trademark applications 
16. Canadian Trademark Law: 2020 Year in review 
17. Year in Review – Key Trademark Cases from 2020
18. The Case of the ‘Missing S’
19. A not so EASY task after all – UKIPO finds EASY mark devoid of distinctive character 
20. SCOTUS Refuses To Hear Case Between Jack Daniels And VIP Products Over Doggy Chew Toy
21. Are Commercial Parody Dog Toys Subject to the Heightened Rogers Test, and Do They Qualify As Non-Commercial Works under the Trademark Dilution Revision Act? 
22. Everything Old is New Again: Presumption of Irreparable Harm Restored to Third Circuit Trademark Cases Seeking Injunctive Relief 
23. TTAB KO’s Mayweather PAST PRESENT FUTURE Trademark Application
24. Trademark Modernization Act Becomes Law: Establishes Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board
25. Trade Mark Filings increase worldwide in 2019 
26. A Trademark is Not a Copyright or a Patent 
27. Manufacturers Must Not be Blind to Their Rights Against Counterfeiters
28. Shoe design found valid and infringed in the UK Court’s last Community registered design case
29. Case Study | Breach of Confidence by employees 
30. Litigation finance helps companies keep their cool during trade secrets disputes 
31. How Not to Build a Case of Trade Secret Misappropriation 
32. Federal Court invalidates Janssen ZYTIGA® Patent
33. Federal Court decision regarding glatiramer acetate finds one patent obvious and another valid and infringed
34. PM(NOC) Invalidity Grounds May Extend Beyond NOA
35. Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings
36. The new rules of Canadian patent litigation: Federal Court of Appeal affirms the viability of summary judgments in patent actions, upholds interpretation of file wrapper estoppel
37. Recent Amendments to the Patented Medicines Regulations Declared Unconstitutional by Québec Superior Court
38. Have any Patents Issued under the USPTO’s COVID-19 Prioritized Patent Examination Program?
39. Patenting the 3D Bioprinting Innovations that Combat COVID-19
40. Revenge of the Grammer Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict 
41. No Reasonable Expectation of Success, No Obviousness 
42. The China Pivot: Closing the “Back Door” to Trade Secret and IP Theft
43. Rapid Rise in Blockchain Patent Filings in China
44. Everyday IP – Brushing up: When were toothbrushes invented?
45. UK-EU Trade Agreement and IP Rights
46. Proposed University Technology Licensing Program Gets Nod from Justice Department
47. Making the best of a bad year: Winning IP cases in 2020
48. World Intellectual Property Indicators Report 2020
49. 2020 Engineering & Technology Year in Review
50. Importance of Protecting Intellectual Property in the Digital Age 
51. 10 things every new IP counsel should do
52. English Premier League wins latest round in battle over satellite decoder cards
53. YouTube Extends Trump Ban For Another Week, Citing Concerns About “Ongoing Potential For Violence”
54. YouTube Removes Onision From Partner Program, Demonetizes His Channels Over Child Safety Concerns
55. Inside Twitter’s Decision to Cut Off Trump
56. I’m a First Amendment scholar – and I think Big Tech should be left alone
57. Trump pardons engineer who copped to stealing a Google secret for Uber: Peter Thiel, Palmer Luckey, and others asked Trump to pardon Levandowski.
58. Chinese Ad for Make-Up Wipes Pulled Over Charges of Sexism and Victim-Blaming
59. Applying Uber v. Heller – Ontario Superior Court of Justice applies unconscionability doctrine to standard form arbitration clause
60. Jonathan Zittrain on the Great Deplatforming
61. 2021 Is the Year the Internet Gets Rewritten: As Silicon Valley flails to combat an insurrection at home, Europe is marching ahead with a plan to revise the web’s basic rulebook.
62. “Big Tech” under pressure – new Rules for Digital Platforms in the EU and UK
63. UK government sets out final approach to regulating online harms
64. Should my Will refer to Digital Assets
65. Former FCC Boss Tom Wheeler Continues To Misunderstand And Misrepresent Section 230 And The Challenges Of Content Moderation
66. Understanding the Controversy over Section 230
67. Content Moderation Case Study: Dealing With Demands From Foreign Governments (January 2016)
68. Content Moderation Case Study: Using Hashes And Scanning To Stop Cloud Storage From Being Used For Infringement (2014)
69. The New Age of Content Moderation(?)
70. Free Access To Academic Papers For Everyone In India: Government Proposes ‘One Nation, One Subscription’ Approach As Part Of Major Shift To Openness
71. Netflix Soars Past 200 Million Subscribers, Clocked $25 Billion In Revenues Last Year
72. Apple Looking To Monetize Podcasting Platform Via Subscription Service (Report)
73. YouTube Adds Safety Feature Targeting Comments With External Links
74. Zeros and Ones in 2021: Next Moves in the Digital Tax Debate
75. Emoji Law Year-in-Review for 2020 (Eric Goldman)
76. FDA Issues Artificial Intelligence/Machine Learning Action Plan
77. Five highlights from FDA’s new AI device regulation Action Plan
78. House of Lords liaison committee report on AI published
79. “AI in the UK: No room for complacency” and no room for a separate AI regulation
80. The AI Council calls for a National AI Strategy: building public trust
81. Defunct Photo App Agrees to Erase Biometric Data in FTC Settlement
82. FTC Settles Allegations of Deceptive Practices by Photo Storage App Provider
83. FTC Takes Aim at Facial Recognition Claims in Latest Deception Settlement
84. CD Projekt faces a second class-action lawsuit over Cyberpunk 2077
85. CD Projekt Red exec disputes Cyberpunk 2077 demo were “almost entirely fake”
86. CD Projekt vows ‘vigorous’ defense as investors launch second Cyberpunk class action
87. Inside Cyberpunk 2077’s Disastrous Rollout
88. Epic Games takes legal action against Apple and Google in UK
89. Epic submits claims against Google and Apple to UK Competition Appeal Tribunal
90. European Commission fines Valve, others $9.4 million for ‘geo-blocking’ games
91. EU fines Valve and five publishers €7.8m for geo-blocking practices
92. FTC Cracks Down on Mobile Gaming Middlemen Offering In-Game Rewards and Offers
93. FTC reaches settlement over misleading mobile advertisements for in-game rewards, and warns of growing scrutiny towards today’s gaming gatekeepers
94. FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
95. Planning a Super Bowl-themed Marketing Campaign? 5 Tips for Staying In Bounds
96. Nintendo blocks videos by Game & Watch hacker
97. Nintendo uses copyright claims to take down Game & Watch hacking videos
98. Nintendo Hates You: Gaming Giant Lobs A DMCA Nuke At Hundreds Of Fan Games
99. Studios and designers: Are you sure that you own the intellectual property rights to your video games?
100. GAME details efforts to prevent PS5 scalpers
101. Epic Games Store exclusivity muddles Hitman 3’s legacy DLC promise on PC
102. IO Interactive assures Hitman 3 players will not have to repurchase previous entries
103. Middle-earth: Shadow of Mordor has lost its online features, including Vendetta missions
104. InvestGame: 2020 game deals hit value of $33.6 billion across 664 transactions
105. 2020 sees record US games spending at $56.9bn | US Annual Report
106. Indiana Jones and the Raiders of the Blockbuster IP
107. PC fan port of early Sonic games lets you zoom the camera way, way out
108. Don’t Miss: Building a ‘homebrew’ video game console

Jon

INTELLECTUAL PROPERTY

1. Eleventh Circuit Says Netflix Series Does Not Infringe Copyrighted Memoir
2. Ninth Circuit Holds Dr. Seuss-Star Trek Mashup an Infringement, Not a Parody
3. This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’
4. Copyright Troll Richard Liebowitz Helps Protect Free Speech & Fair Use By Losing Yet Another Case
5. Dickinson v. Ryan Seacrest Enterprises, Inc. (USCA, Ninth Circuit, Dec. 21, 2020): Dismissal of claims by Janice Dickinson over allegedly false portrayal of her in reality television series. 
6. Copyright Royalty Board Announces SoundExchange Audits of Royalty Payments for Webcasters (Including Broadcast Simulcasts) and Other Digital Music Services
7. Digital Collections: Reflections on copyright 
8. Copyright Office Begins Review of Changes in Satellite Television Statutory License for Carriage of Local Television Stations
9. Is 2021 the year for artists to sell their music catalogues? 
10. Art law – Recent developments January 2021 
11. Use My Likeness? Over My Dead Body! 
12. Canadian Madrid Applications: Practice Note for Foreign Agents 
13. Trademark litigation: a global guide 2021 – Canada 
14. Louisville Courier-Journal Wins ‘Derby Pie’ Trademark Dispute
15. USPTO v Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act 
16. The Trademark Modernization Act Establishes New Trademark Cancellation Procedures 
17. United States: Key considerations in parallel criminal and civil trade secrets cases 
18. Ten Trade Secret Resolutions to Keep for 2021 and Beyond 
19. Court Rejects Attempt to “Stretch” Patent Claim Language 
20. Watch What You Say! Prosecution History Estoppel in Canada 
21. Election Ballot Verification – A Patent Subject Matter Eligibility Analysis 
22. Patent Owner’s ex parte communications with members of Congress, the president, and PTAB APJs are sanctionable and the Board may craft its own reasonable sanctions 
23. Patent protection in the time of COVID-19
24. Why standard essential patents are now essential to you
25. The Right to Repair in Massachusetts Rolls Forward 
26. Not Patent Misuse to License U.S. Patents in Foreign Jurisdictions for “Administrative Convenience” 
27. 10 Patent Prosecution, Litigation Practice Trends From 2020 
28. What Was Old Is New Again In IP Litigation — Thanks To Suspected Russian State-Sponsored Hack
29. What Were the Top Intellectual Property Stories in 2020? 
30. Cloud computing: overview of IP issues
31. The EU / UK Trade Agreement: Three myths busted – Intellectual property
32. Ajit Pai offers mild criticism of Trump incitement, drops Section 230 plan
33. In His Last Two Weeks, Ajit Pai Finally Finds A Backbone And Refuses To Move Forward With Trump’s Ridiculous 230 Attack
34. Republican state lawmaker livestreamed himself in mob storming US Capitol
35. Trump social media ban will feature in future antitrust hearings
36. Facebook says it’s blocking posts with the phrase “stop the steal”
37. More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. Google (Eric Goldman)
38. A New Year, a new approach to digital regulation: the DSA and Online Harms
39. Quibi’s $1.75B experiment ends with Roku acquisition for “less than $100M”
40. New proposals for regulation of online platforms in Europe
41. Dear Section 230 Critics: When Senators Hawley And Cruz Are Your Biggest Allies, It’s Time To Rethink
42. New Op-Ed: People Who Understand Section 230 Actually Love It (Eric Goldman)
43. Section 230 Year-in-Review for 2020 (Eric Goldman)
44. Content Moderation Case Study: SoundCloud Combats Piracy By Giving Universal Music The Power To Remove Uploads (2014)
45. Content Moderation Case Study: Yelp Attempts To Tackle Racism On Its Platform (2020)
46. The Slope Gets More Slippery As You Expect Content Moderation To Happen At The Infrastructure Layer
47. Everything Pundits Are Getting Wrong About This Current Moment In Content Moderation
48. YouTube Turns On Post-Roll Ads By Default On All 10-Minute, Monetizing Videos
49. UKIPO patent guidance updated for DABUS judgment
50. Landmark artificial intelligence legislation becomes law
51. Eye on AI
52. An interview with Covington & Burling discussing artificial intelligence in the United States
53. Twitch removes popular emote after pro player’s support for Capitol Hill mob
54. Twitch pulls Pogchamp emote over link to Capitol siege supporter
55. Twitch removes PogChamp emote it says was “the face of… further violence”
56. Riot and Bungie file lawsuit against Destiny 2 and Valorant cheat-maker 
57. Riot Games and Bungie file joint lawsuit against cheatmakers
58. Koei Tecmo says it will sue over bootleg Dead or Alive video
59. Dangen Entertainment settles dispute with Protoculture Games
60. Nintendo Appears To Be Using A Fan-Made Drawing Of Mario Without Artist’s Permission Or Credit
61. EA’s hold over Star Wars games ends with Ubisoft’s open-world announcement
62. Lucasfilm Games taps Ubisoft Massive to create new open-world Star Wars title
63. Lucasfilm re-establishes Lucasfilm Games as home for all its gaming titles
64. Star Wars games are now housed under a revived Lucasfilm Games brand
65. Disney brings back the Lucasfilm Games brand for future Star Wars titles
66. Bethesda lands Indiana Jones license
67. Bethesda, Lucasfilm tease new Indiana Jones video game
68. Lucasfilm and Ubisoft partner on Star Wars game
69. Video games have replaced music as the most important aspect of youth culture

Jon

INTELLECTUAL PROPERTY

1. The Copyright Board Begins 2021 with Less Transparency and More Potentially Dysfunctional Delays
2. UK Music Rights Group Demands Payment From A Pub That Isn’t Playing Any Music Because It’s Closed Due To COVID
3. U.S. Amends the Copyright Act to Establish Copyright Small Claims Tribunal 
4. Why You Should Be Cautious of the New Copyright Small Claims Court
5. Dr. Seuss Enterprises, L.P. v. ComicMix LLC (USCA, 9th, 12.18.20): Unauthorized Dr. Seuss & Star Trek mash-up “Oh, the Places You’ll Boldly Go!” was not fair use of copyrights because the book did not parody or critique
6. A New CJEU Judgment on Copyright-Related Geoblocking – One Step Forward or One Step Back in the EU Commission’s Fight Against Geoblocking? (Eric Goldman)
7. 1925 Was an Annus Mirabilis for Culture
8. Ferrari‘s Testarossa passes the “Test of Genuine Use” before CJEU 
9. Battle of the Bentleys: Bentley Motors loses trade mark appeal against Bentley Clothing
10. USA: 25% Fee hike for Trademark Applications via Madrid Protocol 
11. US Trademark Modernization Act Provides New Relief to Trademark Owners
12. Trademark Modernization Act of 2020 – Use It or Lose It 
13. What to Know About the Trademark Modernization Act of 2020
14. 2H 2020 Quick Links, Part 3 (Trademarks) (Eric Goldman) 
15. Battle of the ballet shoes: UK court finds infringement of registered community design
16. Software and Business Method Patents – How to Improve Your Chances?
17. Court Interprets Purported Contour Lines in Design Patent Drawings as Claimed Features 
18. No Simulating Alice Requirements: Application of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter 
19. Twelve Cannabis Plant Patents and Counting 
20. Looking for a patent database? Need a little Inspire-ation?
21. Patent Licensors Can Prevent Challenges to Patent Validity
22. 2021 Intellectual Property Primer: Cases to Watch this Year 
23. Pro-Trump reporter gloats over access to fleeing Hill staffer’s computer
24. Court says Uber can’t hold users to terms they probably didn’t read
25. Ticketmaster admits it hacked rival company before it went out of business
26. Activist hedge fund advises Intel to outsource CPU manufacturing
27. 60 Minutes Episode Is Pure Misleading Moral Panic About Section 230; Blames Unrelated Issues On It
28. Parler, Desperate For Attention, Pretends It Doesn’t Need Section 230
29. Content Moderation Case Study: Dealing With Controversial & Sexual Fan Fiction (May 2007)
30. WhatsApp gives users an ultimatum: Share data with Facebook or stop using the app
31. Google and Facebook Sued for Antitrust Violations in the U.S
32. Too big not to fail? Google’s antitrust woes
33. European Commission Unveils Sweeping Proposals to Regulate the Digital Sector
34. Regulating the Internet, at Last? The Digital Markets Act and the Digital Services Act
35. Use of fake identities found deceitful in commercial email — why not elsewhere on the Internet?
36. Seven Years Ago, CERN Gave Open Access A Huge Boost; Now It’s Doing The Same For Open Data
37. 2H 2020 Quick Links, Part 4 (FOSTA) (Eric Goldman)
38. En Banc First Circuit Will Decide Whether Government Needs a Warrant to Put Pole Camera Outside Your Home
39. The Sinking City returns to stores as legal dispute over publishing rights continues
40. CD Projekt gearing up for ‘vigorous action’ against investor lawsuit
41. Apple removes 39,000 games from the App Store in China
42. Apple removes 39,000 games from China store in biggest single-day takedown
43. Microsoft calls for Xbox drift lawsuit to be handled by arbitration
44. Washington ALJ Rules Video Game Developer’s Attendance at Trade Show Created Substantial Nexus
45. A closer look at Raw Fury’s publishing contract
46. Minecraft Earth shutting down
47. Minecraft Earth is going dark at the end of June
48. Saving video gaming’s source code treasures before it’s too late
49. The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
50. The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
51. Sony Pictures Developing 3 Movies, 7 TV Shows Based On PlayStation Games
52. Tenet director Christopher Nolan is ‘definitely interested’ in adapting his films into games.

Jon

INTELLECTUAL PROPERTY

1. Ninth Circuit Provides Holiday Win to Copyright Owners with Fair Use Decision
2. Neoprene Tote Bags: Watertight Not Copyright
3. Corellium notches partial victory in Apple iOS copyright case 
4. The Man With The Tiger Tattoo Prances Forward*
5. Copyright Claims Board To Be Established; Criminal Streaming Law 
6. Substantial similarity in copyright: It matters where you sue
7. EUIPO report on online copyright infringement of film, TV and music – so what’s popular?
8. 2H 2020 Quick Links, Part 1 (Copyright) (Eric Goldman)
9. US Trademark and Copyright Reforms Accompany COVID-19 Relief 
10. A brand story: Santa and Coca-Cola 
11. Girl Scouts Continuing To Fight Boy Scouts Of America Over Trademarks, Branding 
12. Congress Passes the Trademark Modernization Act
13. Avoid New Trademark Email Scams
14. Brexit – Are you prepared? Pending UK Trade Mark proceedings: 3 key points to remember 
15. UDRP: hydroquébec.com 
16. Design disputes: combatting copycats with a collection of IP rights – Freddy SPA v Hugz Clothing Ltd 
17. Snapshot: procedure for design registration in USA
18. Quebec Court finds price and revenue calculation provisions of amended PMPRB Regulations unconstitutional 
19. Federal Circuit Finds Video Signal Conversion Claims Patent Ineligible 
20. Senators Tell The USPTO To Remove The Arbitrary Obstacles Preventing Inventors (Especially Women Inventors) From Getting Patents 
21. Why Everyone Is Patenting Software Inventions 
22. Inventions behind the music: From Eddie Van Halen to Michael Jackson and beyond 
23. Towards a Better Patent System for Europe: The Unified Patent Court (UPC)
24. Chinese Court Rules that It Can Set Patent License Terms outside China 
25. The Wuhan Submarine surfaces at Christmas, to be met by a Texan TRO
26. Lewis Hamilton’s IP struggles highlight some important issues
27. Cloud computing: A brief overview of intellectual property issues “in the cloud” 
28. Ninth Circuit Says Amazon Isn’t “Seller” of Marketplace Items–State Farm v. Amazon (Eric Goldman)
29. Amazon still hasn’t fixed its problem with bait-and-switch reviews
30. European Union Rules: Facebook Hopes Limits on Apple, Too
31. Facebook Isn’t a Constructive Public Trust–Cameron Atkinson v. Facebook (Eric Goldman)
32. Ushering in a new age of accountability for big tech- UK government response to Online Harms White Paper consultation
33. EU turns the screw on Big Tech: The Digital Services Act Package
34. Revamp image rights to fight deepfakes (Andres Guadamuz)
35. When You Can’t Innovate, You Litigate: Oracle Gleefully Takes Credit For Attacks On Section 230 And Google
36. House overrides Trump veto, defying demand to repeal Section 230
37. McConnell introduces bill tying $2K stimulus checks to Section 230 repeal
38. Mitch McConnell Using Section 230 Repeal As A Poison Pill To Avoid $2k Stimulus Checks
39. Coalition Of Internet Companies Who Are Decidedly Not ‘Big Tech’ Raise Their Voices About The Importance Of Section 230
40. Who’s responsible for content posted on the Internet? Section 230, explained
41. Section 230 Isn’t A Subsidy; It’s A Rule Of Civil Procedure
42. 2H 2020 Quick Links, Part 2 (Section 230) (Eric Goldman)
43. Content Moderation Case Study: Profanity Filter Causes Problems At Paleontology Conference (October 2020)
44. Content Moderation Case Study: Understanding Cultural Context To Detect Satire (2020)
45. Elsevier Wants To Stop Indian Medics, Students And Academics Accessing Knowledge The Only Way Most Of Them Can Afford: Via Sci-Hub And Libgen
46. TikTokers’ Collaborative ‘Ratatouille’ Musical To Star Wayne Brady, Tituss Burgess, Adam Lambert
47. Apple reportedly warns devs of more app takedowns in Chinese App Store
48. What makes for a good game publishing contract?
49. Parents Who Gift Quest 2 to Kids Under 13 Years Old are in for an Unfortunate Surprise

Jon

INTELLECTUAL PROPERTY

1. Fair Use Permits Newspaper to Republish Photo Taken By Drone–Castle v. Kingsport Publishing (Eric Goldman)
2. Dr. Seuss/Star Trek Mash-Up Not Fair Use, Ninth Circuit Rules
3. The Mystery Of The Copyright On Sherlock Holmes’ Emotions Goes Unsolved Due To Settlement 
4. The Copyright Office Will Not Weigh in on Philadelphia Phillies’ Copyright Dispute
5. US COVID-19 relief bill would punish streaming of copyrighted content
6. Congress (Once Again) Sells Out To Hollywood: Sneaks CASE Act And Felony Streaming Bill Into Government Funding Omnibus
7. Senator Tillis Releases Massive Unconstitutional Plan To Reshape The Internet In Hollywood’s Image
8. Congress creates new copyright court that could make trolling easier
9. States can invoke sovereign immunity against claims of copyright infringement 
10. To Die For – New York Recognizes Publicity Rights of Deceased Performers. 
11. ‘Imagine’ This: John Lennon Would Have Received Post-Mortem Right to Publicity in New York
12. Jackson v. Netflix, Inc. (California Central District, December 9, 2020): Dismissal of trademark & copyright claims. “Tiger King” marks in popular Tiger King series is protected by First Amendment.
13. Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight
14. Cerverceria Modelo SA de CV v Marcon.
15. Lemonade Beats Deutsche Telekom In French Court Over Use Of The Color Magenta
16. The Court of Appeal Adds a Few More Shades to Canada’s Grey Market
17. Brand protection: A comparison of U.S. and Canadian trademark systems 
18. New Year, New Trademark Fees 
19. US trade mark costs rise and Madrid Protocol grows
20. Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)–Wooster Floral v. Green Thumb (Eric Goldman)
21. A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims
22. 4 Mass. Trade Secret Litigation Tips From Facebook Ruling
23. Court Battle Between India’s SaaS Industry Leaders Being Fought in California 
24. What to expect from Canada’s new examination guidelines for patentable subject matter – interview 
25. Secret prior art: a trap for the unwary?
26. US Courts Can Compel Parties to Transfer Ownership of Foreign Patents
27. BILL C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
28. The Broadcasting Act Blunder, Day 19: The Misleading Comparison to the European Union (Michael Geist)
29. The Broadcasting Act Blunder, Day 20: The Case Against Bill C-10 (Michael Geist)
30. We Had To Pass A Law To Stop Telecom Monopolies From Charging You ‘Rental Fees’ For Things You Already Own 
31. FCC Commissioner Brendan Carr Again Misrepresents The Debate Over Section 230 
32. AT&T Pisses Off Everybody (Especially Christopher Nolan) For Launching Movies Straight To Streaming
33. EU Publishes Proposal For Digital Services Act
34. Google committed “antitrust evils,” colluded with Facebook, new lawsuit says
35. Embarrassing: New Antitrust Suit Against Google Confuses WhatsApp Encrypted Backup Option With Giving Google A Backdoor
36. Another Day, Another Antitrust Lawsuit For Google:
37. Czech Search Engine Seznam Joins In the ‘Let’s Sue Google’ Fun, Seeks $417 Million in Damages
38. Google, Facebook reportedly agreed to work together to fight antitrust probes
39. CDT Lacks Standing to Challenge Trump’s Anti-230 Executive Order (Eric Goldman)
40. Americans For Prosperity Sue Commerce Department To Find Out Who Was Influencing NTIA’s Attack On Section 230
41. Trump vetoes $740B defense bill, citing “failure to terminate” Section 230
42. Apparently Trump Refuses To Allow The Government To Do Anything At All Until The Open Internet Is Destroyed
43. Once Again, Section 230’s Authors Feel The Need To Tell Everyone That Section 230 Is Not The Evil You Think It Is
44. Content Moderation Case Studies: Copyright Claims On White Noise (2018)
45. Content Moderation Case Study: Using Copyright To Take Down A Transformative Criticism Video (2019)
46. Art, Technology and the Law: Capture by Paolo Cirio
47. Copyright and Privacy Legal Issues Resulting from the Rising Popularity of Artificial Intelligence Use
48. Where Things Stand: Update on the Digital Charter Implementation Act, 2020
49. A New Antitrust Class Action Threat: Anticompetitive Invasion of Privacy
50. Cyber litigation will be the new battleground in 2021
51. Games Are Now Making More Than Movies And Sports Combined: Gaming sales are up to almost $180 billion per year.
52. Gearbox reaches settlement with Bobby Prince over Duke Nukem music
53. Jury Will Decide If Videogame Character Infringes a Wrestling Persona–GI Bro v. Call of Duty (Eric Goldman)
54. Raw Fury publicly shares publishing agreement
55. Read Raw Fury’s publishing terms (without signing your soul away first)
56. IP licensing for games: How to profit from brand injections
57. Rebecca Zamolo Launches $8 Video Subscription Service Inside Of Her Mobile Game

J0n

INTELLECTUAL PROPERTY

1.  Eve of destruction: Moral rights infringement and destroying works of art
2. Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement
3. Brophy v. Belcalis Almanzar (California, Southern District 12.4.20): In lawsuit against Cardi B for using plaintiff’s back tattoo on cover of her album, court holds that transformative fair use is question for jury.
4. Atlantic Recording Corp. v. Spinrilla, LLC (Georgia ND, 10.30.20): Court finds that streaming constitutes “public performance” under Copyright Act and that defendant did not qualify for safe harbor protections under DMCA.
5. Lego’s copyright victory against Lepin in China
6. Ancestry.com Sued Over Yearbook Pic Database
7. Copyright Trolling/SEO Scam, Changing The Photo Credits On Wikimedia Commons
8. Is Your Company Accidentally Granting Implied Copyright Licenses?
9. House Passes PACER Bill As Budget Office Says It Will Cost Less Than $1 Million A Year To Provide Free Access To Court Documents
10. US House passes bill to tear down judiciary’s paywall 
11. APIs front and centre in age of digital interconnectivity 
12. Why Canadian trademark owners should consider whether international registration is right for them 
13. Trademarks Office to allow expedited examination for COVID-related goods and services 
14. The Swiss Shield: A Trademark Registration Is a Defence to Damages Even if Later Invalidated 
15. French Film Company Somehow Trademarks ‘Planet’, Goes After Environmental NGOs For Using The Word 
16. A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)–Nike v. Warren Lotas (Eric Goldman)
17. Battling Bubbles: Beverage Behemoth Coors Defeats Upstart Future Proof’s Motion for a Preliminary Injunction
18. Dishonest Abe? Trademark Battle erupts over THE LINCOLN PROJECT
19. Trade mark rights IN THE RED!
20. Owner of ‘Derby Pie’ Trademark Sues Newspaper For Using The Term, Publishing Recipe 
21. Tasty Trademarks: An Analysis of the Canadian Trademark Applications Covering Taste
22. Trademarks: 1 registration for 107 member states and 123 territories: trinidad and tobago has joined the international trademark system
23. Judge Upholds “Willful and Malicious” Trade-Secret Misappropriation Verdict in Produce Preservation Case
24. Judge Rakoff Sanctions Patentee for Sharing Confidential Documents with Counsel in Overseas Trade Secret Case 
25. Recently Filed Lawsuit by Trinseo Highlights the Potential for the Rapid Spread of Misappropriated Trade Secrets 
26. Ontario Court Affirms the Enforceability of Patent No-Challenge Clauses 
27. Federal Circuit Compels Transfer of Ownership of Japanese Patent Applications
28. Today’s No Patent Challenge Provisions in License Agreements 
29. What are the rules around software patents?
30. The Unified patent court and unitary patent – Introduction
31. Top Section 101 Patent Eligibility Stories of 2020
32. The UK Supreme Court, patent infringement, and the challenges of judging IP cases: In conversation with Lord Neuberger
33. World Trade Organization Considers IP Rights for Covid Vaccines
34. Software development intellectual property joint ventures
35. Intellectual property infringement on the rise
36. The Broadcasting Act Blunder, Day 15: Mandated Confidential Data Disclosures May Keep Companies Out of Canada (Michael Geist)
37. The Broadcasting Act Blunder, Day 16: Mandated Payments and a Reality Check on Guilbeault’s Billion Dollar Claim (Michael Geist)
38. The Broadcasting Act Blunder, Day 17: The Uncertain Policy Directive (Michael Geist)
39. The Broadcasting Act Blunder, Day 18: The USMCA Trade Threat That Could Lead to Billions in Retaliatory Tariffs (Michael Geist)
40. Stupid Cable TV Retrans Feuds And Blackouts Make Their Way To Streaming TV
41. Apple’s app store is an illegal monopoly, rival Cydia claims in suit
42. Apple introduces privacy labels to make data mining transparent
43. Digital regulation 2.0: UK and EU announce details of major reforms
44. The Digital Services Act and Digital Markets Act: A new era for online regulation within Europe
45. Digital platforms – let the games begin!
46. US law proposal could make streaming copyrighted material a felony
47. Not This Again: Senator Tillis Tries To Slide Dangerous Felony Streaming Bill Into Must Pass Government Funding Bill
48. Tillis Release Details Of His Felony Streaming Bill; A Weird Gift To Hollywood At The Expense Of Taxpayers
49. Reddit Buys TikTok Competitor Dubsmash, Will Integrate App’s Video Creation Tools
50. EU warns that it may break up Big Tech companies
51. The Peril of Persuasion in the Big Tech Age
52. AZ GOP Goes Full Bullshit: Claims It took Down Violence-Inciting Tweet Over Copyright Concerns
53. Facebook Testing ‘Super’, Which Lets Fans Pay To Interact With Their Favorite Creators On Stream
54. Millions of videos purged from Pornhub amid crackdown on user content
55. China fines Alibaba, Tencent unit under anti-monopoly laws
56. Disney+ drops Andor teaser, announces gazillion other Star Wars projects
57. Justice Thomas’ Anti-Section 230 Statement Doesn’t Support Reconsideration–JB v. Craigslist (Eric Goldman)
58. As A Parting Shot, Tulsi Gabbard Teams Up With Paul Gosar To Introduce Yet Another Unconstitutional Attack On Section 230
59. USA Today Publishes Yet Another Bogus OpEd Against 230, Completely Misrepresents The Law
60. District Court Rejects CDT’s Challenge Of Trump’s Ridiculous Executive Order On Section 230
61. Trump Appoints Unqualified Guy Who Hates Section 230 To Top Justice Department Role
62. Smaller Internet Companies Say They’re Open To 230 Reform… To Keep Facebook From Being The Only Voice In The Room
63. Lindsey Graham’s Latest Attack On Section 230: Reform It By 2023, Or We Take It Away
64. Content Moderation Case Study: Facebook’s AI Continues To Struggle With Identifying Nudity (2020)
65. Content Moderation Case Study: Vimeo Moderates Uploads Of ‘Commercial-Use’ Videos Using Unclear Guidelines (2009)
66. Sony-Owned Anime Streamer Funimation To Buy Crunchyroll For $1.2 Billion
67. Walmart Looking To Turn Salaried Employees Into Social Influencers With Nascent ‘Spotlight’ Program
68. Meghan Markle, Prince Harry, And Their New Podcast Company ‘Archewell Audio’ Sign Exclusive Deal With Spotify
69. Giving by Taking Away: Big Tech, Data Colonialism and the Reconfiguration of Social Good
70. What’s “So” Important: Computer Fraud and Abuse Act Gets a Close Look from SCOTUS
71. Nintendo Hates You: DMCA Takedowns Of Game Music Continue While Nintendo Offers No Legit Way To Listen
72. GOG backtracks on Devotion re-launch hours after it was announced
73. Copyright law is bricking your game console. Time to fix that
74. British MPs want console scalping made illegal, call for more consumer protection
75. UK Members of Parliament call for ban on bulk buying consoles
76. Cyberpunk 2077’s Stream-Safe Setting Option For Its Music Failed To Keep Streamers Safe
77. Publicity on the Pitch? Football Superstars vs EA Sports
78. Steam breaks concurrent users record at nearly 25m
79. Facebook Gaming creators have earned $50m in Stars in 2020
80. Dr. Seuss gets serious about games

Jon

INTELLECTUAL PROPERTY

1. Linking and Copyright Law in the European Union – Where do we go from here?
2. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. United Sports (Eric Goldman)
3. 576 German Artists Want EU Copyright Directive Made Worse, With No Exceptions For Memes Or Mashups
4. Nancy Pelosi Sells Out The Public: Agrees To Put Massive Copyright Reform In ‘Must Pass’ Spending Bill
5. ACLU Tells Congress: Do Not Add Copyright Trolling Bill To Government Funding Bill
6. Legendary MC5 Guitarist Wayne Kramer Doesn’t Like the Smell of Proctor & Gamble’s “Guitar Solo” Body Wash 
7. Taking down copycat websites and defending against cybersquatting
8. GSK v Teva – The Federal Circuit’s First Look at Skinny Labels and 35 U.S.C. 271(b)
9. Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc. (Cal., 10.23.20): Dismissal of trademark claims of Australian motorcycle brand against MGM for use of mark in The Sun Is Also a Star.
10. The Bentley Clothing and Bentley Motors trade mark dispute: Take 2
11. Can a Company Own ‘Enby’? Sex Toy Company Sues Black/Trans-Owned Company for Trademark Infringement 
12. “Too many cooks… ‘Fit Kitchen’ trade mark infringed”
13. “Naked” at the Federal Circuit 
14. General Liability Insurer Must Defend Trademark and Other IP Claims 
15. Tips When Using the Madrid Protocol to Register a Trademark in Canada
16. Global brand expansion: Why Canadian trademark owners should consider whether international registration is right for them
17. First Circuit Reversal Highlights Importance of Satisfying Trade Secret Definition
18. Protecting trade secrets in the era of remote working 
19. Patent Term Extension in Canada: an Overview of Certificates of Supplemental Protection
20. 2020: A year of clarity for Canadian life sciences and software patents
21. Canadian Intellectual Property Office issues new guidelines for reviewing patent applications
22. Federal Court of Appeal clarifies standard for granting leave in NOC cases
23. Employment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses
24. Patent-Eligible Subject Matter in Biotech Should Recite More Than a “Telescope”
25. Deciding Whether Your Software Is Patentable
26. The UK Retains the Doctrine of Exhaustion of IP Rights After the Transition Period
27. IP Litigation Quarterly Update: Q3 2020
28. The Broadcasting Act Blunder, Day 11: The “Regulate Everything” Approach – Licence or Registration Required (Michael Geist)
29. The Broadcasting Act Blunder, Day 12: The “Regulate Everything” Approach – The CRTC Conditions (Michael Geist)
30. The Broadcasting Act Blunder, Day 13: The “Regulate Everything” Approach – Targeting Individual Services (Michael Geist)
31. The Broadcasting Act Blunder, Day 14: The Risk to Canadian Ownership of Intellectual Property (Michael Geist)
32. Benton Study Again Shows How ‘Open Access’ Broadband Networks Can Drive Competition, Improve Service
33. The FTC, 48 Attorneys General File Antitrust Lawsuits Against Facebook
34. FTC, 47 states file suits to break up Instagram and WhatsApp from Facebook
35. Feds say Facebook broke US law offering permanent jobs to H-1B workers
36. Open Season: FTC & 48 Attorneys General File Separate Antitrust Lawsuits Against Facebook
37. The tech industry needs regulation for its systemically important companies
38. Senator Tillis Is Mad That Twitter Won’t Testify About Copyright Infringement; Since When Is Twitter A Piracy Problem?
39. Dead Celebrities and Digital Doppelgangers: New York Expands Its Right of Publicity Statute and Tackles Sexually Explicit Deepfakes
40. It’s Meshugenah to Operate a Streaming Mixtape Site–Atlantic v. Spinrilla (Eric Goldman)
41. Section 230 Protects Amazon from Manufacturer’s Ad Copy–Brodie v. Amazon (Eric Goldman)
42. CRM Software Vendor Didn’t Qualify for Section 230–Tan v. Konnektive (Eric Goldman)
43. Biden’s Top Tech Advisor Trots Out Dangerous Ideas For ‘Reforming’ Section 230
44. Reform The DMCA? OK, But Only If It’s Done Really, Really Carefully
45. 2021 predictions: increased regulation of online platforms
46. Amazon Sues Social Media Influencers for Promoting Counterfeit Goods
47. Amazon and U.S. IPR Center announce “Operation Fulfilled Action”
48. AT&T, HBO Put Another Bullet In Antiquated Theatrical Release Windows
49. Warner Bros. will release entire 2021 film slate in theaters and on HBO Max
50. Georgia Court Streams Ridiculous ‘Kraken’ Lawsuit Hearing On YouTube; Then Tells People They Can’t Repost Recordings
51. Federal Court System Pushes Back Against Free Access To Court Documents
52. Apple’s Failure To Ensure Backwards Compatibility In Big Sur Leaves Developers Quite Sour
53. Is Canada on the Brink of AI and Diagnostics Patent Rush?
54. Use of patents in artificial intelligence: What does the new CIPO report say?
55. Intellectual property rights to AI works: The EP proposal
56. Artificial Intelligence and Creativity: Why We’re Against Copyright Protection for AI-Generated Output (Creative Commons)
57. Settlement with App Developers Requires Limits on Collection and Use of Children’s Personal Information
58. Bale and Ibrahimovic’s responses to FIFA 21 echoes the complications of sports person’s image rights
59. Newsflash: Update on Epic Games’ dispute with Apple
60. Facebook launches Black Gaming Creator Program
61. Manticore bolsters Core platform with ‘creator-friendly’ Perks monetization
62. Manticore announces a 50% revenue share for users of its Core game creation platform
63. Facebook Launches ‘Black Gaming Creator Program’ With Monthly Pay, Other Perks
64. More Than 350 Gaming Creators Hit 10 Million Subscribers In 2020, YouTube Says

Jon

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

INTELLECTUAL PROPERTY

1. Boesen v. United Sports Publications, Ltd.: Court dismisses copyright claim, holding that publisher’s article that “embedded” Caroline Wozniacki’s Instagram post featuring plaintiff’s photograph constituted fair use. 
2. Flo & Eddie, Inc. v. Pandora Media, Inc.: Court denies anti-SLAPP motion by owners of pre-1972 sound recordings created by The Turtles, holding Pandora’s failure to pay for use of recordings was not a speech right
3. Artistic license and use of copyright in creative pursuits
4. The Pose Is Prologue
5. Despite RIAA’s Claim That YouTube-dl Is Infringing, Journalists Use It All The Time
6. GitHub, EFF Push Back Against RIAA, Reinstate Youtube-dl Repository
7. YouTube Seeks To Crack Down On COVID-19 Vaccine Conspiracies In Fact-Check Panels
8. Donald Trump Argues That Use Of ‘Electric Avenue’ In Campaign Video Was Transformative
9. Montgomery v. Holland: Second Circuit affirms dismissal of copyright infringement claim targeting 2014 television miniseries Rosemary’s Baby, holding it was not substantially similar to plaintiff’s short stories.
10. Is Software Patentable?
11. Scientific publishers propose installing spyware in university libraries to protect copyrights: The hypothetical plan to combat digital piracy called for the use of software to monitor those accessing academic material
12. Proctorio used DMCA to take down a student’s critical tweets: “This is really a textbook example of fair use”
13. Copyright rides to the rescue: Brompton Bicycle is protected by copyright
14. Copyright: Online platform operators’ liability for users illegally uploading copyright material
15. No Future for Copyright or Trade Dress Protection for Personal Planner Layout
16. The First Step to Protecting Your Brand in Canada 
17. EMPOWER-ing trademark infringement claims against public authorities
18. Four Seasons Total Landscaping: trademark lessons from a bizarre political event 
19. In a Galaxy Not So Far, Far Away: Millennial Falcon v. Millennium Falcon
20. Can Clickbait Cause Confusion? Purchasing AdWord Did Not Constitute Trademark Infringement or an Unfair Trade Practice
21. Will the growing second-hand market for fashion fuel trademark disputes?
22. Hugo Boss And Art Teacher Reach ‘Amicable Solution’ Over ‘Be Boss, Be Kind’ Trademark Application
23. Trademark everything: The not-so-secret world of celebrity IP
24. Why Don’t Conservatives Care About Copyright?
25. Food Industry Insight – The Trade Dress of a Cookie is Held to be Functional
26. Ninth Circuit Rules That the Identification of a Trade Secret May Be Developed Through Discovery 
27. Patent eligibility in Canada clarified with new Examination Guidelines
28. CIPO’s new guidelines on patentable subject matter explained
29. Presumed essential: CIPO clarifies its approach toward eligibility analysis following Federal Court decision 
30. Canadian Patent Office Issues Guidance to “Cooperate” With Inventors of Computer-Based Inventions 
31. Supreme Court to Decide Constitutionality of Patent Board 
32. Moderna’s covid vaccine is promising news, but IP issues may mean the financial windfall it enjoys are limited
33. Working with known materials in life sciences: Key patent considerations
34. Canadian courts show trend of awarding higher costs in IP litigation
35. Five things to know about protecting IP rights on Amazon 
36. Law Bytes Episode 69: Bram Abramson on the Government’s Plan to Regulate Internet Streaming Services (Michael Geist)
37. Amazon Sues Two TikTok, Instagram Influencers For Alleged Scheme To Sell Knockoff Designer Goods
38. The Case Against Holding Amazon Liable for Third-Party Merchants’ Sales in its Marketplace (Eric Goldman)
39. Facebook Expands Access To ‘Rights Manager’ Video Copyright Tool, Rolls Out In-Stream Ads To 4 More Countries
40. Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal (Eric Goldman)
41. Trump admin puts a hold on TikTok ban it seems to have forgotten about
42. Trumpland Apparently Just Forgot About Its Manufactured TikTok Hysteria
43. Commerce Department Remembers It Was Supposed To Ban TikTok; Says It Won’t Enforce For Now
44. Alphabet CEO: Plan to target EU commissioner was not “sanctioned” by me
45. Upload Filters And The Internet Architecture: What’s There To Like?
46. Content Moderation Case Study: GoFundMe Addresses Controversial Fundraising Efforts (2020)
47. Counterfeit Merch Is A Big Problem For Creators, And It’s Even Worse Than You Think.
48. YouTube Will Now Serve Ads On Channels That Aren’t Eligible For Its Partner Program — Though Creators Won’t Earn A Cut
49. GitHub agrees RIAA claim is bunk, restores popular YouTube download tool
50. Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works
51. IP Rights and AI-Generated Works
52. Video: Using AI to create interactive digital actors
53. The dance-off ends: a (partial) resolution to Fortnite’s slurry of copyright
54. Court Upholds Gaming App’s Clickthrough TOS–Ball v. Skillz (Eric Goldman)
55. Judge dismisses Apple’s “theft” claims in Epic Games lawsuit
56. Apple will halve App Store platform fees for smaller developers in 2021
57. Apple drops its cut of App Store revenues from 30% to 15% for some developers
58. Apple to cut down App Store share to 15% for small developers: The company’s new App Store Small Business Program means studios earning less than $1m a year in proceeds will benefit from a reduced commission
59. Epic CEO: App Store changes offer ‘no relief to customers’ from ‘Apple Tax’
60. Streamers protest Twitch DMCA policy with homemade video game noises: Beep beep beep. Pow! Schooooo… po-pow!
61. Twitch eyes new tools, licensing deals after ‘understandably frustrating’ DMCA takedowns
62. Twitch streamers report DMCA takedowns for in-game sound effects: Content creators report flags on sounds such as clock chimes, police sirens, bird noises, and wind
63. Twitch Continues To Trip Over Itself In Response To DMCA Apocalypse
64. Twitch’s No Good, Very Bad Time Continues: Part 1
65. Is a Tattoo Protected by Copyright? Is it Infringed if it Appears in a Computer Game? 
66. Star Trek’s Space-Traveling Tardigrades Live Long and Prosper After Second Circuit Affirms Non-Infringement of Video Game Copyright
67. Epic releases thousands of What Remains of Edith Finch assets for free
68. Happy 20th Birthday To ‘No One Lives Forever’, The Classic PC Game That Can’t Be Sold Today Thanks To IP
69. Why are there no James Bond games?: In the absence of new film No Time To Die, we explore 007’s ongoing absence from video games and the challenge of developing with a licenc
70. New League of Legends character not based on real person, says Riot
71. U.S. Patent No. 10,471,357: Systems and methods for simulating a particular user in an interactive computer system

Jon

INTELLECTUAL PROPERTY

1. Game, set, match: Sometimes the photo is the story
2. Federal Judge Rules Embedding of Instagram Post Containing Copyrighted Photo is Fair Use
3. Embedding in a State of Flux: New York Courts Challenge Decade Old Reasoning from the Ninth Circuit
4. Vallejo v. Narcos Productions LLC (USCA, Oct.27, 2020): Held that portions Netflix’s Narcos series are not substantially similar to journalist’s memoir regarding romantic relationship with Pablo Escobar
5. Capote Charity Claims Copyright
6. Anti-Cheat Student Software Proctorio Issuing DMCA Takedowns Of Fair Use Critiques Over Its Code
7. Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯\_(ツ)_/¯ (Eric Goldman)
8. Canada’s Forever Register: Newfoundland Trademark Registrations
9. Anita White Strikes Back With Second Trademark Suit
10. He May be Undefeated in the Ring, but Floyd Mayweather Got Knocked Out at the Trademark Office.
11. Augusta National Blazes a Trail to Registration of its Iconic Green Jacket
12. “I sense a disturbance in the force” When Star Wars universe meets Trademark law: Millennial Falcon v Millennium Falcon
13. Glossier’s Pink Pouch TM Registration Could Mean a Rosy Future for Non-Traditional Marks
14. Alleged bait-and-switch selling found not to constitute trade mark infringement
15. Aussie Brewer Keeps Digging Holes With Trademark Lawsuits, Now Owes Court Costs
16. Trademark protection on e-commerce platforms
17. Seeing Green – Post-Election Day 2020: State Trademarks for Cannabis Goods & Services
18. TTAB Refuses Registration of .SUCKS 
19. Trade Secret Strategies: Using Standstill Agreements to Resolve Disputes Out of Court
20. Sedona Conference Publishes Commentary on Proper Trade Secret Identification
21. Federal Court finds that discoverability principle applies to limitation periods under Section 55.01 of Patent Act
22. The Impact of CIPO’s New Guidance on the Prosecution of Patent Applications Directed to Diagnostic Methods
23. Canadian Intellectual Property Office issues Practice Notice regarding patentable subject matter
24. 2020 Brings Growing Trend of Patent Cases Decided by way of Summary Trial
25. Is the new toilet on the International Space Station patentable?
26. Augmented Reality/Virtual Reality Patent Prosecution Update: 2020 Q3 Prosecution Statistics
27. How to protect a user interface with a patent 
28. Massachusetts Voters Overwhelmingly Support Expanded ‘Right To Repair’ Law 
29. Proactive Protection: Intellectual Property Audits
30. Under President Biden, IP evolution is much more likely than revolution
31. WIPO Launches “WIPO Lex-Judgments” Database
32.  Cultural Uncertainty: A Closer Look at Heritage Minister Steven Guilbeault’s Timeline For Internet Regulation (Michael Geist)
33. No Chips? No Worries. Ninth Circuit Rejects FTC’s Petition for En Banc Review of Decision Holding that Qualcomm Has No Antitrust Duty to Deal with Rivals
34. Your Slingbox Will Be A Useless Brick In A Few Years 
35. QAnon Conspiracy Theorists Can’t Force YouTube to Carry Their Videos–Doe v. Google (Eric Goldman)
36. United States v Google: A Re-Found Willingness to Regulate Technology Monopolies?
37. Google Photos is the latest “Unlimited” plan to impose hard limits
38. Google Photos will end its free unlimited storage on June 1st, 2021: After 15 gigs, you’ll need to pony up for Google One
39. Netflix files copyright claims against tweets criticizing movie, trailer
40. Netflix Targets Critical ‘Cuties’ Tweets With Copyright Takedown Requests
41. Netflix Gets Cute Using DMCA Notices To Take Down Tweets Critical Of ‘Cuties’
42. Netflix Testing Pre-Programmed, Linear TV-Style Channel Called ‘Direct’ In France
43. FCC General Counsel Issues Guidance on the Agency’s Section 230 Authority
44. Section 230 Faces the Heat
45. Content Moderation Case Study: Google Refuses A Law Enforcement Agency Demand To Remove A Video Depicting Police Brutality (2011)
46. Emojis & The Law: An Interview with Professor Eric Goldman
47. Spotify May Be Eyeing Podcast-Only Subscription Tiers
48. In Biggest Podcast Purchase Yet, Spotify Acquires Ad And Publishing Platform ‘Megaphone’ For $235 Million
49. Patreon, Acast Partner To Help Podcasters Distribute Paywalled Content More Broadly
50. Apple, Sony Reportedly Eyeing $300-$400 Million Acquisition Of Podcast Network Wondery
51.  Patenting Artificial Intelligence in Canada, the UK and Europe: A Primer
52. AI Application Examination: 5 Key trends
53. Understanding the AI Patent Landscape
54. Plans for new AI legal framework gather pace
55. A global legal standard for Artificial Intelligence? The European Parliament proposes legislation
56. Mall real estate company collected 5 million images of shoppers, say privacy watchdogs
57. Gun-Toting Couple Sues Photographer For Privacy Violation Over Photo They Used As Christmas Cards, After He Billed Them
58. Judge dismisses Apple’s claim of theft in Epic case: Court says ongoing legal battle should focus on breach of contract and anti-trust claims
59. Judge says Apple isn’t entitled to extra monetary damages over Fortnite lawsuit
60. SAG-AFTRA extends video game voice acting contract to November 2022
61. Tommy Tallarico, Roblox come to agreement over “oof” sound effect: Popular death sound effect to be replaced in game, asset will be sold via Roblox store going forward
62. Ubisoft removing UK journalist from Watch Dogs over “controversial remarks”: The Atlantic writer Helen Lewis voiced a character on an in-game podcast
63. EA renews UFC, NHL, NHLPA partnerships with fresh ‘multi-year’ deals
64. EA extends UFC, NHL licensing deals: Publisher will have exclusive rights to MMA league’s games through 2030 while hockey deal is a “multi-year renewal”
65. EA Play crosses 6.5 million paying subscribers
66. EA Play reaches 6.5 million paid subscribers, EA aims to double that within a year
67. Sorry, you can’t move your discontinued copy of PT to the PS5
68. Google Is Giving YouTube Premium Subscribers A Free Stadia Controller, Chromecast Ultra
69. Steam adds frictionless playtesting feature: The new tool will make playtests accessible directly from a title’s store page
70. BioWare confirms Mass Effect remaster in 2021, new Mass Effect later
71. Final Fantasy 7 Remake, Avengers push Square Enix H1 sales up 43%: Publisher’s HD Games division posts profits for the six-month period, but last quarter was in the red
72. FIFA 21 and Star Wars: Squadrons come out top in October | EMEAA Charts: Nintendo Switch console sales up 77% in October 2020 vs 2019
73. Watch Dogs: Legion knocks down FIFA 21 | UK Digital Charts: Ni No Kuni Wrath of the White Witch on Switch makes No.3
74. Epic is gauging interest in a Fortnite monthly subscription plan
75. Epic Games gauging interest in monthly Fortnite subscription: If implemented, subscribers would receive Battle Pass, early access to free skins and regular V-Bucks
76. Which publishers are the game subscription believers?
77. Twitch Apologizes To Creators Hit By Mass DMCAs And Content Deletions, Says It’s In Talks With Record Labels
78. Twitch explains confusing copyright crackdown, urges users to delete videos
79. Twitch apologizes for handling of mass copyright claims: Streaming platform apologizes for giving streamers unhelpful warnings, little notice in face of avalanche of DMCA claims from record labels
80. It Took Just 5 Minutes Of Movement Data To Identify ‘Anonymous’ VR Users
81. U.S. Patent No. 10,478,735: Video game system with spectator mode hud
82. U.S. Patent No. 10,509,461: Augmented reality video game systems

Jon

INTELLECTUAL PROPERTY

1.  Use Your Illusion: Rights in posthumous holographic performance
2. Intellectual Property & Architecture – Copyright Protection in Focus
3. Tenth Circuit Breathes New Life into a Spooky Skeleton Copyright Dispute 
4. Protect Your Posts: New Group Copyright Registration Option for Online Blogs and Articles 
5. The US election: a vote on IP?
6. New Working Paper – Memes and Parasites: A discourse analysis of the Copyright in the Digital Single Market Directive 
7. Canada: Official marks can lead to damages for infringement of regular trademarks, according to Canada’s Federal Court of Appeal 
8. Procedures and strategies for anti-counterfeiting: Canada
9. Ninth Circuit: Likelihood of Confusion Required to Sustain TM Counterfeiting Claim 
10. Hallmark Win in Greeting Card Trademark Dispute: Court Finds Unauthorized Sale of Cards Meant for Destruction Infringing
11. Neat infringement claim leaves whiskey competitor’s trade mark on the rocks
12. Counterfeit luxury goods 
13. Brand protection in the digital world 
14. Distilling the value of corporate trademarks 
15. Descriptive Use of a Registered Trademark is not Infringement
16. Slogans as marks: when does a slogan function as a mark 
17. Trademark Cancellation Is Appropriate Sanction for Misconduct
18. Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge
19. A Clear Need: To Allege Misappropriation, Identify Trade Secret 
20. CIPO’s Patentable Subject-Matter Guidance – Same Code, Different Syntax 
21. The Canadian Patent Office Releases New Guidelines: The Diagnostic’s Industry Should Be Cautiously Optimistic 
22. Canadian Patents: What to Keep in Mind One Year After the Coming into Force of the New Rules? 
23. The Intersection between Drop-Shipping and Patent Infringement 
24. The Changing Patent Landscape in the Semiconductor Space 
25. Size Matters in Obviousness Analysis 
26. Marathon musings – Patenting running watch algorithms in Europe
27. Five Patents You Should Know About for Halloween 2020
28. Courtrooms and the America’s Cup – Patent infringement set to be the latest out-of-water battle 
29. A “Bitterly Divided” Federal Circuit Declines to Stay Decision Invalidating Car Driveshaft Patent
30. Clearing the 5G Patent Forest! 
31. People With Silly Patents Would Really Like It If It Was Harder To Cancel Them
32. Final PMPRB guidelines released 
33. “Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 1 of 2
34. “Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 2 of 2
35. How Might New Supreme Court Justice Barrett Rule on IP Cases?
36. Altering the broadcasting landscape – Canada’s Broadcasting Act to be amended
37. Feds propose changes to Broadcasting Act that may raise $800 million from streamers: New regulations would ensure streaming platforms face same rules as traditional broadcasters
38. Broadcasting Act Amendments
39. The Government’s Internet Regulation Bill: Why Bill C-10 Will Mean a CRTC-Approved Netflix Service, Reduced Consumer Choice, and Less Investment in Canadian Culture (Michael Geist)
40. Heritage Minister Steven Guilbeault’s “Get Money from Web Giants” Internet Regulation Bill: An Unauthorized Backgrounder (Michael Geist)
41. What’s Another Way Supporters of Mandated Facebook Media Payments Promote Their Position? Paid Facebook Advertising (Michael Geist)
42. Cable TV Execs Move Past Denial Stage, Now Fully Expect A ‘Cord Cutting’ Bloodbath
43. Judge: Trump Admin‘s TikTok ban would cause “irreparable harm” to creators
44. Three TikTok Influencers Influenced A Judge To Block Trump’s TikTok Ban
45. TikTok Countersues Triller, Says Its Tech Doesn’t Violate Patent
46. U.S. Department of Justice Sues Google for Antitrust Violations
47. A Digital Tech New Deal to break up Big Tech: Antitrust efforts in the US are not enough to counter the global power of Big Tech.
48. Constitutional Challenge to Trump’s Anti-230 EO Fails–Rock the Vote v. Trump (Eric Goldman)
49. Free Market Advocate Switches Sides, Calls For Direct Government Interference In Online Moderation Decisions
50. Changing Section 230 Won’t Fix Politicians’ Issues With Section 230
51. Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism
52. Your Problem Is Not With Section 230, But The 1st Amendment
53. Snapchat Isn’t Liable for Its Speed Filter (Even if Section 230 Doesn’t Apply)–Maynard v. Snapchat (Eric Goldman)
54. Facebook’s Handy Identity Crisis: Publisher or bulletin board? Can it really give up news sharing? Why the tech giant works hard to resist definition.
55. Facebook Takes Aim at NYU Web Scrapers
56. This microscopic 3D-printed Star Trek Voyager can move on its own
57. YouTube Hits $5 Billion In Ad Revenue, 30 Million Premium And Music Subscribers In Q3
58. YouTube Soundtracking Service Epidemic Sound Launches ‘Music Recommender’ Tool For Creators
59. “Baby Shark” Overtakes “Despacito” To Become YouTube’s Most-Watched Video Of All Time
60. Acknowledging AI as an Inventor of IP – A Slippery Slope to Giving AI the Same Rights as Humans?
61. Patent protection of machine learning and artificial intelligence inventions in Europe
62. To Prevent Free, Frictionless Access To Human Knowledge, Publishers Want Librarians To Be Afraid, Very Afraid
63. Bandai Namco, AtGames resolve legal dispute: Judge dismisses lawsuit over Ms. Pac-Man rights, clearing way for re-release of AtGames’ Namco arcade microconsole
64. Sony legal threat compels PS5 faceplate company to cancel all orders: CustomizeMyPlates also had to rebrand from PlateStation5 following complaints from platform holder
65. Judge rejects Google’s attempt to push Epic case to October 2022: Fortnite firm has suggested February 2021 as judge tells both companies to “get moving”
66. Ubisoft investigating after ransomware group claims to have leaked Watch Dogs source code: 560GB code for Legion reportedly available online, could endanger anti-piracy measures
67. Reports of Watch Dogs Legion source code leak prompts Ubisoft investigation 
68. Take-Two Finds Less Success with Second Take on Copyright and Tattoos
69. Randy Orton’s Tattoos Divide Courts as Gamers Prepare for PS5 and Xbox Series X
70. Biden/Harris Campaign Deploys Custom ‘Fortnite’ Map To Teach Voters About Key Policies
71. Twitch Marketing Promo Over Golden Emoji Goes Horribly Wrong After DMCA Nuclear Strike
72. Frostpunk board game raises over €2m on Kickstarter
73. Does PlayStation need to buy more games studios? | Opinion: With Microsoft snapping up major studios and publishers in recent years, we consider the implications for Sony
74. Sony reportedly puts a stop to third-party PS5 faceplate plans
75. Some current-gen Ubisoft games are forward compatible on Xbox but not PlayStation
76. Friday the 13th: The Game winds down with final patch, end of dedicated servers
77. Thanks To Fair Use, One Man Is Trying To Preserve Old School Video Game Manuals

Jon

INTELLECTUAL PROPERTY

1.  Enforcing Copyright Outside the Courtroom – The New Notice Regimes 
2. FLVTO.biz Petitions SCOTUS To Hear Jurisdiction Argument In Stream-Ripping Lawsuit 
3. Battle Lines Drawn Over Font Copyright Protection
4. Tom Lehrer, Still Awesome, Releases Lyrics Into The Public Domain
5. Armes v. Post: In action asserting co-authorship of Post Malone’s hit song “Circles,” court dismisses alleged co-authorship of recording, but denies motion to dismiss based on co-authorship of underlying composition. 
6. SCOTUS Reaches for Cup of Java in Oracle v. Google Oral Argument
7. New Working Paper – Memes and Parasites: A discourse analysis of the Copyright in the Digital Single Market Directive
8. Canada’s Official Marks – A Public Nuisance? 
9. Jack Daniel’s Petitions for Certiorari to Clarify Trademark Fair Use
10. Monster Mash: Minor League Hockey Team Prevails Over Energy Drink Giant in Trademark Dispute
11. One Restaurant Sends Cease And Desist To Another Over The Word ‘Juicy’ 
12. Trade Secret Battle Waged in Legal Services Market
13. Second Chances From the Second Circuit: Tiffany’s $21m Judgment Is Overturned and Remanded Back to the SDNY 
14. Federal Court of Appeal affirms largest reported Canadian patent infringement award in history
15. Navigating your Global Patent Prosecution Strategy under Canada’s new Patent Rules
16. IP monitor: Claim construction revisited: Positive changes for applicants seeking to protect computer-related inventions
17. Solving the ‘problem-solution’ problem for patent applicants: Choueifaty decision
18. Can you patent software? 
19. Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo® (pegfilgrastim-bmez) / Nyvepria™ (pegfilgrastim-apgf) 
20. U.S. Court Values Cybersecurity Patents at Nearly $2 Billion, but Why?
21. A Patentee’s Dismissed Lawsuit Will Preclude a Subsequent, Effectively Identical Suit in the Absence of Different Conduct, Different Alleged Violations or Litigants, or Different Subsequent Facts 
22. Canadian News Media Lobby Group Calls for Creation of Government Digital Media Regulatory Agency (Michael Geist)
23. Where is Canada’s News Media Lobby Promoting Its Link Licensing Plan for Facebook? On Facebook (Michael Geist)
24. Senator wants Google, Facebook to pony up for local news
25. As EU Starts To Draft Its Most Important New Online Law, The Digital Services Act, MEPs Want Basic Rights High On The Agenda
26. FCC Proposes Expansion of Sponsor ID Rules to Require Disclosure of Foreign Government Support
27. Facebook Seeks Shutdown of NYU Research Project Into Political Ad Targeting: In letter this month, Facebook says the project violates provisions in its terms of service that prohibit bulk data collection
28. No Robots, Spiders, or Scrapers: Legal and Ethical Regulation of Data Collection Methods in Social Media Terms of Service (Casey Fiesler, Nathan Beard, Brian Keegan)
29. Facebook’s Threat To NYU Researchers Is A Mistake, But It’s The Inevitable Follow On To Overreaction To Cambridge Analytica
30. Zuckerberg And Facebook Throw The Open Internet Under The Bus; Support Section 230 Reform
31. Sacha Baron Cohen Demands Facebook Remove Conspiracies; Flips Out When Facebook Removes His Article With Conspiracy Images
32. Trump’s website defaced with claim that Trump admin created coronavirus
33. Google Will Temporarily Ban Election-Related Advertising Once the Polls Close
34. RIP Google Play Music, 2011 – 2020
35. We’re Still Unsure If Instagram Grants Users a Sublicense to Embed Photos (Eric Goldman)
36. President’s Promise to Limit 230 Immunity is Underway
37. Section 230 – Everything You Love and Hate About the Internet
38. Another Section 230 Reform Bill: Dangerous Algorithms Bill Threatens Speech
39. Content Moderation Case Studies: Facebook Removes Militia Event Following A Shooting (August 2020)
40. Content Moderation Case Study: Facebook’s Moderation Of Terrorist Content Results In The Removal Of Journalists’ And Activists’ Accounts (June 2020)
41. DOJ Antitrust Case Against Google Draws Allusions to Landmark Microsoft and Standard Oil Cases
42. Google’s Data Collection Practices Face Scrutiny in Recent Lawsuits
43. RIAA Tosses Bogus Claim At Github To Get Video Downloading Software Removed
44. GitHub boots popular YouTube download tool after RIAA claim
45. Twitch’s Freak Out Response To RIAA Takedown Demands Raises Even More DMCA Questions
46. Join The Fan Fiction Deep State And Watch This Latest Video That Addison Cain Really Doesn’t Want You To See
47. Amazon launches new Counterfeit Crimes Unit
48. TikTok To Provide Greater Insight Into Video Takedowns With New Notification System
49. Zoom Shuts Down NYU Event To Discuss Whether Zoom Should Be Shutting Down Events Based On Content
50. Record Deals Are So Yesterday. Here’s The New Playbook For Musicians On The Internet.
51. Digital, Culture, Media and Sports Committee launches inquiry into the impact of streaming on the music industry
52. USPTO publishes report on public views on artificial intelligence and IP Policy – US IP law adequate for now, until artificial general intelligence is reached? 
53. UK Court Decision: Artificial Intelligence Machine Is Not An Inventor 
54. Use of Aggregated Data in Artificial Intelligence Solutions
55. Regulating AI: EU proposes legal framework for Artificial Intelligence 
56. Sensitive Personal Information: Another Concept Borrowed From The GDPR
57. Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients
58. Data as Property?
59. Twitch Deletes Content for Copyright Infringement Without Warning
60. 2K Sports Could Have Avoided Its Un-Skippable Ads Backlash If The Ads Were Better Content
61. Music industry organisations slam Twitch in open letter: The streaming giant denied the claims that its Soundtrack service is not fully licensed
62. Epic refutes Apple’s theft claims as “implausible and deficient as a matter of law”: “Apple seeks to compare Epic’s conduct to stealing cash from a vault in ApplePark,” new legal filing argues
63. Epic hits back at Apple, saying it ‘has no rights to the fruits of Epic’s labor’
64. PS4 shipments near 114m as new generation looms: More than 75% of all PlayStation revenue came from digital sources in the second quarter, with only 41% of games bought physically
65. 30 years later, Nintendo is localizing the first Fire Emblem game
66. Nintendo’s new translation tune? What a Fire Emblem re-release means in 2020
67. Digital console spending up 40% last month thanks to wave of big releases – SuperData: NBA 2K21, Avengers, Tony Hawk, and Super Mario 3D All-Stars lead console spending for September
68. Deleting Facebook wipes out Oculus purchases: Users who have not linked their Facebook account to their VR headset yet are not impacted
69. Creative Director At Google Stadia Advocates Streamers Paying Game Devs And Publishers
70. Google distances itself from Stadia creative director’s comments
71. Google distances itself from Stadia creative director Alex Hutchinson: Internet giant asserts that tweets about streamers paying royalties “do not reflect those of Stadia, YouTube or Google”
72. Mojang games to require Microsoft account: All the titles from the Minecraft developer will be impacted by the change, including Minecraft Java Edition
73. Devolver Digital brings in licensing specialist to work on Fall Guys: Fée Heyer brings experience from Dunlop Sports, describes Mediatonic’s game as “a phenomenon rarely seen before”
74. Ubisoft and Netflix partner for live action Assassin’s Creed series
75. How Indiana Jones, Rambo, and others ended up in 1980s Czechoslovak text-adventures
76. Trademarks and E-games
77. Video: How internal game jams can help art teams.

Jon

INTELLECTUAL PROPERTY

1. Supreme Court of Canada to Hear York University/Access Copyright Appeals
2. Justice Luc Martineau is new chair of Copyright Board of Canada
3. Google gets mixed reception in Supreme Court clash with Oracle: Justices held a low-tech telephone session in one of the biggest software fights in American history on Wednesday
4. Google’s Supreme Court faceoff with Oracle was a disaster for Google 
5. IP Alert | Supreme Court Hears Arguments in “Copyright Case of the Century”
6. Supremes won’t review the morality of whitewashing graffiti art
7. Denial of Certiorari Leaves in Place Ninth Circuit En Banc Decision Finding No Infringement in “Stairway to Heaven”
8. hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues
9. Music in Podcasts – As Podcasts Shut Down Following Infringement Notices, Looking at the Required Music Rights
10. 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America (Eric Goldman)
11. By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection
12. Nicki Minaj’s Experimentation with Tracy Chapman’s Classic “Baby Can I Hold You” Qualifies as a Fair Use Under Copyright 
13. NY Art Disputes Highlight Fame’s Role In Copyright Suits 
14. “Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit
15. We Interrupt This Hellscape With A Bit Of Good News On The Copyright Front 
16. DMCA Takedown Notices: A New Opponent for Twitch Streamers 
17. Twitch blasts streamers with vague, unhelpful DMCA takedown emails
18. Lessons from a pandemic: long-term impacts on Canadian trademark practice 
19. The Cousteau Society, Inc. v. Cousteau: Court holds granddaughter of Jacques-Yves Cousteau cannot escape trademark infringement based on unauthorized use of Cousteau’s trademarks in film projects and materials.
20. Microsoft Wields Its IP For Good, Cripples Botnet Via Trademark Litigation 
21. Will Disney’s newest Toy Story 4 character go ‘caboom’?
22. Boston University students launch “F*ck It Won’t Cut It” campaign, University files a Trademark application
23. Lehman Brothers is Gone but Not Abandoned 
24. EU: What does Brexit mean for EU trade marks and designs?
25. Comparative aspects of trademark dilution between the United States and China
26. Versace ripped off the Canucks’ spaghetti-skate logo 
27. Depreciation of goodwill with cannabis trademarks 
28. Determined not to tumble: British Gymnastics’ trade mark dispute and IP protections for sports properties
29. The Third Circuit Shares Some Food for Thought on the Bounds of Trade Dress Protection 
30. Court of Appeal Upholds Interim Injunction in Trade Secrets Case
31. How to Keep Trade Secrets Secret
32. New Trade Secret Protections in China
33. Protection of store layout under IP law
34. Protecting Recipes and Food as Intellectual Property
35. $644-million award for patent infringement upheld on appeal; Accounting of profits remedy removes “economic incentive to infringe”
36. IP monitor: Quebec Superior Court dismisses application for disavowal of a IP monitor – Quebec Superior Court dismisses application for disavowal of admissions of patent invalidity
37. Federal Court Freezes Out Motion to Vary Injunction in Patent Case
38. US Patent Boss Says No Evidence Of Patents Holding Back COVID Treatments, Days Before Pharma Firms Prove He’s Wrong
39. Federal Circuit Restores Induced Infringement Verdict Against Teva
40. Watch Out: The Patent Maximalists Are On The Warpath To Destroy Innovation And Empower Patent Trolls 
41. Applying the Broadest Reasonable Interpretation of the Claim in Light of the Specification, Federal Circuit Revives Claims in Heart Valve Patent
42. Why Is My Company Being Sued For Patent Infringement In Waco, Texas?
43. Beyond borders: Extraterritorial reach of Australian patents
44. Inadequate Translation of a Non-English Application Leads to US Patent Invalidation
45. Skinny Label Does Not Prevent Finding of Induced Infringement 
46. Expert Testimony Stricken Where Expert Did Not Show Non-Infringing Alternatives Were Available in the United States 
47. Worried about being sued for patent infringement in multiple jurisdictions? Three ways to gain control 
48. New Grape Varieties – Raisin Awareness of Plant Patents 
49. High Stakes: Protecting Your Cannabis Intellectual Property 
50. Nobel Prize 2020: A Chemistry Patent Attorney’s View 
51. Key IP Agreements for Startups
52. Blowing away the competition: design evolution, and what it’s like to be Head of IP at Dyson
53.  How Can Linking to an Article be Immoral When the Media Source Itself Does the Posting? (Michael Geist)
54. How Can Linking to an Article be Immoral When the Media Source Itself Does the Posting, Part 2: A Day in the Life of the Toronto Star on Facebook (Michael Geist)
55. Forget Link Licensing and Cross-Subsidies: When it Comes to Tech, Canada Should be Focused on Competition Law and Tax Policy (Michael Geist) 
56. Five Bar Owners Arrested In France For Not Logging Internet Use By Patrons Using Bars’ WiFi Connections
57. Trademark Genericide And One Big Way The DOJ Admits That Its Antitrust Lawsuit Against Google Is Utter Garbage
58. AOC makes explosive Twitch debut with over 435,000 Among Us viewers
59. Facebook Abuses Trademark To Give New Prominence To Group Of Facebook Critics Who Are Trying To Shame Company Into More Moderation
60. Global competition and the emerging challenge to open data
61. WeChat and TikTok Win Preliminary Injunctions Against Trump Administration’s Efforts to Ban the Apps
62. While Trump Continues To Complain About 230, It’s Copyright Law That Once Again Actually Gets His Content Removed
63. League Of California Cities Want Congress To Change Section 230… To Let Cops Spy On Everyone Using Social Media
64. Section 230 Liability Shield Continues to Receive Scrutiny
65. Section 230 Basics: There Is No Such Thing As A Publisher-Or-Platform Distinction
66. Another Anti-Section 230 Bill? Sure, Why Not?
67. Justice Thomas Writes a Misguided Anti-Section 230 Statement “Without the Benefit of Briefing”–Enigma v. Malwarebytes (Eric Goldman)
68. Blatant Hypocrite Ajit Pai Decides To Move Forward With Bogus, Unconstitutional Rulemaking On Section 230
69. FCC Announces Section 230 Rulemaking
70. Chairman Pai: FCC to Address Social Media Immunity Under Section 230
71. Jeffrey Toobin’s Zoom Dick Incident Is The Perfect Example Of Why We Need Section 230
72. Insights: With Zoom And Its Many Competitors, We’re All Livestreamers Now
73. Content Moderation Case Study: Apple Removes Games Containing Confederate Flags (June 2015)
74. France Passes Law Giving Child Influencers Same Protections As Young Actors, Models
75. Snapchat Launches ‘Sounds’, Enabling Users To Orchestrate Snaps, Stories With Licensed Music
76. Teespring Will Now Let Creators Vend ‘Digital Products’, Like Photo Presets And Ebooks
77. Spotify Now Lets Podcasters Use Its Entire Music Library In Their Shows
78. Brooklyn-Based Startup MSCHF Wants To Pay Influencers To Take Down “Evil” Brands
79. Insights: Could The Streaming Services Killing Movie Theaters Save Them Instead?
80. Microsoft thumbs its nose at Apple with new “app fairness” policy
81. A giant cat picture was just discovered among the Nazca Lines: Archaeologists haven’t yet located an accompanying giant meme caption.
82. Artificial Intelligence Licensing: What You Need to Know
83. AI and the fight for inventorship – DABUS patent knocked out in UK High Court
84. USPTO Releases Report on Artificial Intelligence and Intellectual Property Policy
85. The Right to be Forgotten
86. Rune 2 lawsuit alleges deliberate sabotage from Bethesda, ZeniMax
87. ZeniMax, Bethesda, Roundhouse added to lawsuit over Rune 2: Ragnarok accuses companies involved in Human Head demise and Roundhouse formation of sabotaging Rune 2 and a game based on the Oblivion Song comic
88. Alexandria Ocasio-Cortez is running an Among Us stream to drive voter turnout
89. AOC makes explosive Twitch debut with over 435,000 Among Us viewers
90. AOC’s debut Twitch stream is one of the biggest ever: And she’s genuinely pretty good at Among Us
91. 439,000 People Watched Alexandria Ocasio-Cortez Take On Top Content Creators In ‘Among Us’
92. Alexandria Ocasio-Cortez Storms Twitch: More than 400,000 people tuned into AOC’s stream of a marathon Among Us session with representative Ilhan Omar and Twitch luminaries.
93. US Rep Alexandra Ocasio-Cortez’s Twitch stream drew 439k peak viewers: Among Us stream with fellow Representative Ilhan Omar and popular Twitch streamers saw highest peak of any politician on Twitch
94. AOC’s record-breaking Twitch stream is the future of politics: Young, tech-savvy, meme-literate, and accessible
95. Twitch purges videos after “thousands” of requests from music labels: Streaming site offers content creators the ability to delete all videos as it issues “a one-time warning to learn about copyright law”
96. Epic vs. Apple is losing PR steam | Opinion: Sensible rulings in Epic’s legal dispute with Apple have pared the case back to its core question — and shown just how disruptive Epic’s demand really is
97. Take-Two Opposes Trademark For An Entertainment Company Running An Axe-Throwing Facility
98. NBA 2K21 adds unskippable ads to loading screens: 2K Sports introduces new monetization method to latest basketball title weeks after launch
99. Players slam 2K after publisher inserts unskippable ads into NBA 2K21
100. Bungie cease and desist pulls Destiny 2 cheat tool offline
101. GameStop’s Microsoft partnership reportedly lands it a cut of digital Xbox revenue
102. Microsoft will give GameStop a share of Xbox’s digital revenues
103. Xbox’s GameStop deal: lifeline or table scraps?
104. Microsoft will share digital revenues with GameStop on every Xbox it sells: Investment advisor says retailer will even get a share of DLC sales if physical game was purchased from another company
105. FIFA download launch sales spike 31% over last year | UK Digital Charts: Overall sales down only slightly over last year’s entry
106. New non-profit Hit Save! wants to help preserve video games and their history
107. The Video Game History Foundation is working to save our source code
108. U.S. Patent no. 9,492,740: Remote and/or distributed equipping of video game characters
109. U.S. Patent No. 10,625,156: Method and system for sharing video game content

Jon

INTELLECTUAL PROPERTY

1. Google gets mixed reception in Supreme Court clash with Oracle: Justices held a low-tech telephone session in one of the biggest software fights in American history on Wednesday
2. Google’s Supreme Court faceoff with Oracle was a disaster for Google 
3. IP Alert | Supreme Court Hears Arguments in “Copyright Case of the Century” 
4. hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues
5. 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America (Eric Goldman) 
6. By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection 
7. Graffiti artists see victory under Visual Artists Rights Act claim 
8. Nicki Minaj’s Experimentation with Tracy Chapman’s Classic “Baby Can I Hold You” Qualifies as a Fair Use Under Copyright 
9. “Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit
10. Obtaining Copyright Registrations for Blogs and Social Media Posts Just Got Easier 
11. Kanye’s Twitter Rant Flags Issues with Copyright Ownership in Music Deals 
12. Lehman Brothers is Gone but Not Abandoned
13. EU: What does Brexit mean for EU trade marks and designs? 
14. Versace ripped off the Canucks’ spaghetti-skate logo
15. Depreciation of goodwill with cannabis trademarks 
16. Dior loses PRETTY SAVAGE trade mark dispute in the United Kingdom
17. If Something Is Advertised As A Knockoff Product… Is It No Longer Counterfeiting?
18. Court of Appeal Upholds Interim Injunction in Trade Secrets Case
19. How to Keep Trade Secrets Secret 
20. Court Finds that Trade “Secrets” Aren’t Secret on Zoom Call 
21. $644-million award for patent infringement upheld on appeal; Accounting of profits remedy removes “economic incentive to infringe”
22. IP monitor: Quebec Superior Court dismisses application for disavowal of a IP monitor – Quebec Superior Court dismisses application for disavowal of admissions of patent invalidity 
23. Federal Court Freezes Out Motion to Vary Injunction in Patent Case
24. US Patent Boss Says No Evidence Of Patents Holding Back COVID Treatments, Days Before Pharma Firms Prove He’s Wrong
25. Beyond borders: Extraterritorial reach of Australian patents
26. Skinny Label Does Not Prevent Finding of Induced Infringement 
27. New Grape Varieties – Raisin Awareness of Plant Patents 
28. In Memory of Guitarist Eddie Van Halen; 10 Musical Patents You Should Know: The Saxophone, Electric Guitar, Electric Double Bass, Concertina and “Band in a Box” – Who Invented These Musical Instruments? 
29. Promoting the Progress of Science: Written Description and Enablement 
30. High Stakes: Protecting Your Cannabis Intellectual Property 
31. 2020 Supreme Court Intellectual Property Case Review
32. The Guilbeault Internet Plan: Leave it to the CRTC and Copyright Board of Canada to Get Money from Web Giants (Michael Geist)
33. Facebook Abuses Trademark To Give New Prominence To Group Of Facebook Critics Who Are Trying To Shame Company Into More Moderation
34. While Trump Continues To Complain About 230, It’s Copyright Law That Once Again Actually Gets His Content Removed
35. France Passes Law Giving Child Influencers Same Protections As Young Actors, Models
36. Spotify Now Lets Podcasters Use Its Entire Music Library In Their Shows
37. Brooklyn-Based Startup MSCHF Wants To Pay Influencers To Take Down “Evil” Brands
38. Insights: Could The Streaming Services Killing Movie Theaters Save Them Instead?
39. Microsoft thumbs its nose at Apple with new “app fairness” policy
40. Console hackers are shocked after DOJ arrests prominent mod-chip makers
41. Nintendo forces rebranding for adult entertainer “Pokeprincxss”
42. Nintendo issues cease and desist against influencer and adult entertainer Pokeprincxss: Social media personality rebrands after trademarking her name and selling merchandise bearing Pokémon characters
43. Judge denies request to force Fortnite back on iOS App Store pending trial
44. Apple Does Not Need to Return Fortnite to App Store, Judge Rules: Fortnite’s parent company, Epic Games, had broken its contract with Apple, a federal judge found. The case goes to trial next year.
45. Epic Games vs Apple trial set for May 2021: It’s uncertain at this stage whether the trial will be conducted in person or virtually
46. Epic vs. Apple judge warns of ‘serious ramifications’ for console makers
47. Epic vs Apple case may have “serious ramifications” for Nintendo, PlayStation and Xbox: Court order prevents Apple from blocking Unreal Engine until dispute is settled but Fortnite remains banned on iOS
48. Game Over With Hefty Fine in Gaming Patent Clash
49. Hyper casual developer Voodoo wins copycat case against Zynga’s Rollic Games
50. Here’s how backwards compatible titles will look on the Xbox Series S and X
51. New Microsoft Store principles take a dig at Apple: Company also explains why it will not apply these app fairness principles to Xbox store
52. PlayStation 5 will only leave 10 old PS4 games in the back-compat dust
53. Sony details limits of PS5 backward compatibility: 10 PS4 titles including Hitman Go and Afro Samurai 2 will not play on PS5, while new PS5 HD Camera won’t work in place of PS4’s PlayStation Camera
54. Celebrity endorsement? How did Burger King’s sponsorship of Stevenage F.C. lead to Lionel Messi appearing in a Burger King-branded football shirt?
55. Video: Game art remastered – From Crash, to Kerrigan, to Corley Motors

Jon

INTELLECTUAL PROPERTY

1.  Fake News, Fake Views and the Parody Exception
2. Google LLC v. Oracle America, Inc. (SCOTUS Oral Arguments Transcript, October 7, 2020)
3. Oracle Is Wrong About Having Permission To Reimplement Amazon’s API. But They Shouldn’t Need It.
4. The Supreme Court hears Oracle v. Google tomorrow—here’s what’s at stake
5. Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. Apple (Eric Goldman)
6. Does Copyright Literally Protect Source Code Figuratively? 
7. Nikola issues copyright takedowns against critics who use rolling-truck clip
8. Nikola’s Plan To Combat Its No Good, Very Bad Month Appears To Be Using Copyright To Silence Critics 
9. Knowingly Removing Photographer’s Credit Costs Buzzfeed Under DMCA
10. Hugo Boss Opposes Artist’s ‘Be Boss, Be Kind’ Trademark For Merch 
11. Toy Story 4’s Duke Caboom Crashes into Evel Kneivel’s Son 
12. Breaking news: the queen monitors trade mark filings
13. David Dobrik Looks To Be Cooking Up ‘Doughbrik’s Pizza’ Business, Per Trademark Filings 
14. The Fit Kitchen Case and the value of trade marks
15. Supreme Court Settles Long-Standing Circuit Split on Trademark Damages: Willful Infringement Is Not a Prerequisite for Awarding a Trademark Infringer’s Profits
16. Spolar v. Discovery: Court refuses to restrain Discovery from broadcasting documentary about last photograph of Lincoln, finding prior restraint and that plaintiffs failed to establish claim for misappropriation of trade secrets. 
17. DOJ Indictment of Chinese Hackers for Break-Ins at 100 Companies Reinforces The Importance of Protecting Trade Secrets and Implementing Security Protections 
18. Revisiting Supreme Court Nominee Judge Amy Coney Barrett’s Recent Trade Secret Opinion
19. Federal Court of Appeal affirms largest reported Canadian patent infringement award in history
20. Patentability of Computer-Implemented Inventions in Canada – The Amazon Saga Continues
21. Federal Court rejects problem-solution approach, opening field for computer-implemented inventions
22. Challenges for Extended Reality (XR) Companies in Patent Prosecution and Litigation 
23. Lithium-ion battery separators – crucial patent developments
24. GSK v. Teva – Induced Infringement Liability Despite Skinny Label 
25. GSK vs. Teva: Induced Infringement, Skinny Labels and Fat Damages
26. Skinny Labelling on Generic Drugs Does Not Avoid Induced Infringement of Patents Covering Non-Indicated Uses
27. Former Patent Litigator Becomes Federal Judge And Begins Advertising For Patent Trolls To Come To His Court (And They Have In Droves) 
28. US Patent Law Year in Review: October 2019 – September 2020
29. Guide to Doing Business in Canada: Intellectual property
30. Democratising Knowledge: Transforming Intellectual Property and Research and Development
31. Jim Murphy’s Article “5 Areas of Intellectual Property You Should Focus on Now,” Featured in Built In
32. What Happened to Canada’s Innovation Agenda?: How Innovation Policy Has Been Sidelined By Cultural Policies and Misplaced Provincial Prioritization of Patents (Michael Geist)
33. US House committee says Amazon, Google, Apple, Facebook engaged in monopolistic behavior: Investigation recommends stronger antitrust actions, but requires Congressional approval for further action
34. House: Amazon, Facebook, Apple, Google have “monopoly power,” should be split
35. Congress Issues Antitrust Report on Large Tech Platforms
36. Publishers worry as ebooks fly off libraries’ virtual shelves
37. hiQ Labs, Inc. v. LinkedIn Corp.
38. Megaupload Lawsuits Remain on Hold Until 2021, Or (Much) Later
39. Triller Has Inflated Active User Counts, Former Staffers Say
40. If You’re Going To Sue YouTube For Infringement, Maybe First Don’t License Your Music To YouTube Or Setup Fake Accounts To Upload Your Own Works
41. YouTube Revamps Retention Analytics To Give Creators More Data About How Their Videos Perform With Viewers
42. YouTube Music Spins Up Global Charts Based On Video View Count
43. YouTube Music drops monthly fee for Chromecast support
44. Open Access Faces Many Problems; Here’s One That The Indispensable Internet Archive Is Helping To Solve
45. Can I keep my .eu domain name after the post-Brexit transition period?
46. High Court confirms that the class of inventions created by AI machines is not patentable
47. Patents Court Determines Machines Can’t be Inventors
48. High Court Holds that AI Machines Cannot Be Inventors, Further Paving Way for Legislative Phase of the DABUS Saga 
49. Focusing on Value: Viewing AI Through an IP Lens
50. Thaler v Comptroller-General: Part 2 – What now for AI inventions following Thaler?
51. Nintendo wins $2m in lawsuit against Team Xecutor resellers: UberChips.com ordered to cease sale of Switch hack devices and destroy all remaining stock
52. Genuine Enabling Tech’s Lawsuit Alleging Patent Infringement by Nintendo Wii and Switch Products Dismissed
53. Mother and son seeking $5m in latest Joy-Con drift lawsuit against Nintendo: Plaintiff argues platform holder has not done enough to address Switch issue and does not warn about drift in marketing
54. Depicting Randy Orton’s Tattoos in a Video Game Could Be Copyright Infringement–Alexander v. WWE 2K (Eric Goldman)
55. Take-Two Going To Trial Over Yet Another Tattoo Artist Claiming Copyright On Athlete Bodies
56. Epic Games and Apple will head to trial in May 2021
57. What lessons can be learnt from Voodoo’s action against Rollic? | Opinion: Harbottle & Lewis’ Kostya Lobov looks at what the casual games giant’s victory means for fighting clones
58. The thing about trolls is they regenerate | 10 Years Ago This Month: It’s time to tell the scary story of Edge Games, Tim Langdell, and the trademark dispute that would not die
59. Burger King, Stevenage and my FIFA confusion
60. Twitch Launches ‘Soundtrack’, A Library Of 1 Million Licensed Songs For Streamers
61. U.S. Patent no. 9,498,706: System and method for providing an enhanced research game mechanic

Jon

INTELLECTUAL PROPERTY

1.  Access Copyright v. York University – Update on Supreme Court – Replies Have Been Filed (Howard Knopf)
2. The Outpost – Mass Copyright Litigation (Howard Knopf)
3. How To Be Funny And Not A Jerk In A Cease And Desist Notice, From The Doobie Brothers
4. Bill Murray Responds To Doobie Bros. Copyright Letter With Snark, No Offer To Pay For Use Of Song 
5. Threats with a smile: The cease-and-desist letter in a time of social media
6. Federal District Court Rules Nicki Minaj’s Remake of Tracy Chapman Song Protected by Fair Use
7. Celebrities v. Paparazzo Copyright in Photographs of Themselves
8. Supreme Court denies copyrightability of Georgia code annotations 
9. Federal Court of Appeal upholds Hilton’s right to use the Waldorf Astoria trademark in Canada: Ruling says registered trademark can be enforced even if there is no physical presence in country
10. Not all pun and games: Federal Court not amused with cannabis company’s brand parody
11. Woof: Jack Daniels Takes Fight Over Doggy Chew Toy To The Supreme Court
12. BrewDog’s ‘Elvis Juice’ Now An Approved Trademark In The UK, But Not the EU
13. Burger King Fights Proxy War Against McDonald’s Over Hungry Jack Trademark Dispute
14. Back of the net: Messi scores definitive victory in a nine-year legal dispute over his trade mark
15. Royal opposition
16. High Court rejects appeal to register Jaguar Land Rover shape marks
17. No defence for the Defender – Land Rover loses trade mark shape battle with Ineos
18. Second Circuit Reverses Tiffany & Co.’s $21 Million Judgment Against Costco Wholesale Corporation
19. Pizza & Chicken finger lickin’? 
20. Is Western Sahara a no-go for trademark protection? 
21. Trade-secret protections are getting stronger – and other IP trends chemical companies need to know 
22. Defining design life: The importance of precision
23. Federal Court of Appeal affirms largest reported Canadian patent infringement award in history 
24. 8 important life sciences IP issues for innovators doing business in Canada
25. Federal Court finds Eli Lilly’s tadalafil dosage form and process patents invalid
26. Federal Court Finds CIPO Examination Practice Out of Line with Supreme Court Precedents 
27. Problem Found with Problem-Solution Approach to Claim Interpretation 
28. Egenera Inc. v. Cisco Systems Inc. 
29. Inventiveness+? Divergent theories of the “inventive concept” in patent-eligible subject matter 
30. An Old Method Using an Old Product From a New Source Is Not New
31. Actual Definitions Can Help Avoid Erroneous Constructions of Patent Claims
32. Speedfit’s Treadmill Patent “Runs Into” On-Sale Bar Invalidity Due to Collateral Estoppel Stemming from a Prior Litigation on a Different Patent
33. IPR Estoppel: It’s Not A Second Bite at the Apple if You Didn’t Get a First Bite
34. Drug Patent Invalid Due to Poor Quality Translation 
35. Finding Claims Non-obvious Was Not Error, It Was the Application of the Proper Evidentiary Standard
36. When Are Recombinant Proteins Structurally Different Than Their Natural Counterparts?
37. If Patents Are So Important To Innovation, Why Do Innovative Companies Keep Opening Up Their Patents Rather Than Enforcing Them?
38. Ninth Circuit Overturns FTC-Requested Injunction Against Refusal To License Standard Essential Patents
39. Implementers of Standard Essential Patents in Germany Must “Clearly and Unambiguously” Express Their Willingness to Take a License Under Fair, Reasonable, and Non-Discriminatory Terms 
40. Intellectual Property Rights in Recipes and Food
41. Purchasing intellectual property by way of an asset sale and purchase
42. Cord Cutting Has Utterly Exploded During the Covid Crisis
43. Ubiquitous technologies and 5G development. Who owns the rarest technologies?
44. Judge Rejected Ban On TikTok Because Trump’s DOJ Can’t Show Any Real National Security Threat
45. Court Enjoins Trump Administration’s Attempt to Kick TikTok Out of App Stores–TikTok v. Trump (Eric Goldman)
46. Internet terms and conditions: Second Circuit declines to enforce arbitration agreement accessible through browsewrap hyperlink
47. Apple backs down on taking 30% cut of paid online events on Facebook
48. Epic, Spotify, and others take on Apple with “Coalition for App Fairness”
49. Germany Drops Idea Of ‘Pre-Flagging’ Legal Uploads, Which Could Have Stopped EU Copyright Filters Blocking Memes, Parodies, Quotes And Creative Commons Material
50. Justice Department Releases Its Dangerous & Unconstitutional Plan To Revise Section 230
51. Part I: The History and Evolution of Section 230
52. Part II: Section 230 and Proposals for Revision – Some Critical Commentary on Executive Branch Updates
53. Sen. Graham Cares More About Trolls Than Section 230 (Comments on Online Content Policy Modernization Act) (Eric Goldman)
54. I See This Stupid New Section 230 Bill, And I Say It’s A Stupid Section 230 Bill
55. How a Slacker Frog in an MS Paint Zine Became a Villain for the Alt-Right: In the new documentary “Feels Good Man” filmmakers Angelini and Jones carefully examine Pepe the Frog’s fraught and fascinating legacy.
56. Meet OnlyTweets, The Unofficial Twitter Feature That Lets Creators Monetize Their Feeds
57. Human Says No: AI Can’t Be Patent Inventor, Rules High Court Judge
58. Should the legal definition of “inventor” encompass an AI machine? The position following “DABUS”
59. Thaler v Comptroller-General: Part 1 – AI systems cannot be an inventor under the Patents Act 
60. UK High Court Denies DABUS Appeal 
61. Is AI leaving IP behind? HMG consults 
62. Artificial Intelligence Licensing: What You Need to Know
63. Patent application strategies in the field of artificial intelligence based on examination standards 
64. Deep fakes, inventorship and ethics – WIPO revised issues paper on Artificial Intelligence
65. Artificial Intelligence and its challenges for Intellectual Property 
66. Episode 2: Ulrike till, Director of the division of Artificial Intelligence policy at the World Intellectual Property Organisation
67. Take-Two sued over use of tattoos in WWE 2K: A judge has ruled that a trial will be required to decide whether it constitutes copyright infringement
68. WWE 2K maker Take-Two heading to trial after copying tattoo artist’s work
69. Alexander v. Take-Two Interactive Software, Inc.
70. Alexander v. Take-Two Interactive Software, Inc.: Memorandum And Order of September 26, 2020
71. Nintendo’s lawsuit against Switch hack seller to land it $2 million in damages
72. Supercell to pay $8.5 million over patent dispute with F2P dev Gree
73. Epic and Apple don’t want Fortnite dispute settled by a jury 
74. Epic vs Apple judge calls for trial by jury: Trial could begin in July 2021 at the earliest, still no ruling on whether Fortnite can return to iOS
75. Apple and Epic’s big anti-trust showdown likely to take place next summer
76. Epic Games goes to battle with Apple and Google: The dispute so far
77. Apple v. Epic hearing previews a long, hard-fought trial to come
78. Breaking Down the Epic v. Apple Fight
79. Epic and Apple decline trial by jury: Apple withdraws demand for jury from countersuit as both firms look to court to settle Fortnite dispute
80. Zynga is shutting down FarmVille after over a decade
81. FarmVille—yes, the original—is finally meeting its demise
82. Zynga to sunset FarmVille after 11 years: The publisher’s most formative product will be shut down at the end of this year
83. Insomniac re-casts Peter Parker’s face model in Spider-Man Remastered: Ben Jordan to replace John Bubniak due to closer resemblance with voice actor Yuri Lowenthal
84. U.S. Patent no. 9,533,229: Custom reward for viral help in game

Jon

INTELLECTUAL PROPERTY

1.  Mandatory copyright tariffs – Uncharted territories
2. Nicki Minaj’s “Artistic Experimentation” with a Tracy Chapman Song “to Seek License Approval” Qualifies as a Fair Use Under Copyright
3. LEGO Blocks Out ZURU in Copyright Dispute Over Minifigures
4. Schwartzwald v. Oath Inc.: Court dismisses photographer’s copyright claim against HuffPost, finding media site’s altered reproduction of photographer’s viral “crotch shot” of Jon Hamm constituted fair use.
5. Corbello v. DeVito: Court rules musical Jersey Boys did not infringe biography, holding musical depicts historical facts not protectable by copyright law and author cannot claim work was fictional for copyright protection.
6. It’s September 21st And Demi Abejuyigbe Has Another Great September 21st Video For Charity, Marred By Copyright Takedowns
7. Should an Advertising Agency Display Client Work on its Website After the Relationship Ends?
8. Federal Court of Appeal does not disturb lower court’s finding of ‘use’ for hotel services
9. Company Owning ‘Evel Knievel’ Rights Sues Disney Over ‘Toy Story 4’ Amalgam Parody Character
10. Banksy’s “Flower Thrower”-n off the EUTM register
11. Banksy’s trade marks at risk as artist loses legal battle over registration of Flower Thrower mural
12. Controlling Black Lives Matter: the battle to trademark a movement
13. No love for XOXO application
14. Battle of the b(r)ands: Lady A vs Lady A 
15. USPTO Warns of Email Scam Targeting Trademark Owners
16. “Brands will be more and more resource-challenged”: five predictions for the future of IP practice 
17. Dior loses PRETTY SAVAGE trademark dispute in the United Kingdom 
18. Cannabis, BLM and FCUK — dealing with moral objections to UK trade marks
19. Economic link puts an end to lengthy dispute: Gugler France’s decade-long trade mark campaign
20. Who will reign Supreme in the battle for the trade marks? 
21. Seventh Circuit Upholds $140 Million Compensatory Damages Award and Caps Punitive Damages at $140 Million in Trade Secret Case
22. Guarding Trade Secrets and Rethinking IP Indemnity Risks in the New OSS/Open Source World 
23. Designer panel: is being copied ever good news? 
24. The Federal Court of Appeal Upholds $640 Million Accounting of Profits Award for Patent Infringement 
25. Federal Court finds a problem with problem-solution 
26. VirnetX v. Apple: Delay of Five Months Justifies Denial of Motion to Amend Judgment of More Than $400 Million 
27. Canadian Patent Office’s approach to computer-implemented inventions rejected by Federal Court
28. COVID-19 and the compulsory licensing of patents 
29. Publication of Part of Complex Invention Does Not Prevent Joint Inventorship 
30. Justice Ginsburg’s Dissents – in Patent Law 
31. The Impact of Intellectual Property on Virtual Reality 
32. WIPO’s Global Innovation Index breaks new ground as brand value included for first time
33. IP monitor: CIPO announces fee increases beginning January 1, 2021 
34. Blockchain & IPR a breakthrough collaboration
35. “Get Money From Web Giants”: Why Canadian Heritage Minister Steven Guilbeault’s Top Legislative Priority is Risky Business (Michael Geist)
36. Google could face federal, state antitrust suits next week, reports say
37. WeChat Executive Order Enjoined Because (Of Course) It’s Unconstitutional–WeChat Users v. Trump (Eric Goldman)
38. Walmart and Oracle Deal with TikTok and WeChat Lawsuit Delay Commerce’s Ban on Transactions with WeChat and TikTok
39. Details Of Unconstitutional WeChat/TikTok Ban Actually Would Make Users Of Those Apps Less Secure, Not More
40. US Commerce Department Identifies Prohibited Transactions Involving WeChat and TikTok
41. US-EU-UK Export Controls and Sanctions Alert The Commerce Department Announces Prohibitions on TikTok and WeChat – September 2020
42. Department of Commerce Notices on Prohibited Transactions Relating to WeChat and TikTok
43. Impending WeChat ban won’t actually ban users from WeChat, DOJ says
44. WeChat Users Fighting To Block Trump’s Executive Order Banning The App In The US
45. Trump admin orders TikTok, WeChat gone from app stores on Sunday
46. Justice Department sends its Section 230 rewrite to Congress
47. Authors Of CDA 230 Do Some Serious 230 Mythbusting In Response To Comments Submitted To The FCC
48. Senator Lindsey Graham Must Be Desperate For Donations; Announces Terrible Bill That Mashes Up Bad 230 Reform With Bad Copyright Reform
49. Busting Still More Myths About Section 230, For You And The FCC
50. YouTube, Facebook, Twitter Agree To Adopt Shared Harmful Content, Brand Safety Policies
51. YouTube Facing $3 Billion Class Action Suit In The U.K. Alleging Collection Of Underage User Data
52. FTC Signals Intent to Focus on Use of Social Media Bots in Advertising
53. Who Done It?: Royal Seas Cruises to Face Bench Trial on Issue of Arbitrability After Plaintiff Denies Visiting Website
54. $100,000 in bribes helped fraudulent Amazon sellers earn $100 million, DOJ says
55. User-generated video sharing platforms subject to new obligations
56. Wayback Machine and Cloudflare team up to archive more of the Web
57. Mozilla Is Trying To Dissect YouTube’s Recommendation Algorithm Using Data Donated By Viewers
58. Facebook Extends 4-Year-Old ‘Rights Manager’ Video Copyright Tool To Still Photography
59. How algorithms discern our mood from what we write online: Researchers and companies are harnessing computers to identify the emotions behind our written words.
60. Inventor or creator: How is AI’s rapid development influencing the evolution of IP protection?
61. UKIPO launches ‘AI and IP Call for Views’
62. AI inventors at the UKIPO and EPO
63. Patently Obvious? AI as an Inventor After DABUS
64. SDNY Relies on “Simple Reading” of Label to Dismiss False Advertising Claim
65. How To Avoid Acquiring Fake Art
66. Voodoo wins plagiarism lawsuit against Zynga-owned Rollic Games: Judge rules that Istanbul-based firm’s Wood Shop copies key elements of Voodoo carpentry game Woodturning
67. Supercell ordered to pay $8.5 million for infringing Gree’s patents: Texas jury found Clash Royale developer infringed four patents, fine could be increased by up to three times
68. Nintendo sued for planned obsolescence over Joy-Con drift: French organisation found controllers suffer from premature wear of the electronic circuits and an airtightness defect
69. Apple presses court to deny Epic’s request for lift on Fortnite ban: iPhone maker reiterates argument that this situation is of Epic’s own making, says Fortnite firm is “a saboteur, not a martyr”
70. Clash of Game Companies: Lessons learned from GREE and Supercell Dispute
71. Frictional Games’ Amnesia: The Dark Descent, A Machine for Pigs are now open source
72. Epic is offering $10 coupons to Rocket League players that use the Epic Games Store
73. Ubisoft Bows To Monster Energy To Rename An Upcoming Game Horribly
74. BTS To Debut Exclusive “Dynamite” Music Video Inside ‘Fortnite’
75. You can now stream your Xbox One games to your Android phone for free: Microsoft opens up Xbox remote play streaming to everyone with new Android app beta
76. The new Xbox App for smartphones will create a ‘unified Xbox experience’
77. Xbox chief Phil Spencer confident xCloud will gain iOS support
78. PlayStation 5 backwards compatible with most PS4 titles, but nothing older: System will not be able to play PS3, PS2, or PS1 games
79. Sony makes it official: PlayStation 5 won’t natively support PS1, PS2, PS3
80. Avatars and artists: Musical mash-ups in gaming
81. Riot signs deal for League of Legends toys: Multi-year agreement with Paw Patrol toy maker Spin Master should see action figures hit shelves in fall of 2021
82. Twitch Experiments With Intrusive Ads That Piss Off Its Most Important Asset, Its Talent
83. Blog: Why 2021 will be a landmark year for cloud gaming
84. Blog: What does cross-platform mean to you?
85. NantWorks, LLC v. Niantic, Inc.
86. U.S. Patent no. 9,555,334: System and method for managing virtual worlds mapped to real locations in a mobile-enabled massively multiplayer online role playing game (MMORPG)
87. U.S. Patent no. 9,561,433: Providing event rewards to players in an online game

Jon

INTELLECTUAL PROPERTY

1. In Another Instagram Embedding Decision, SDNY Finds Use of Image of Cardi B Fair
2. Performing a DNA Test on Lizzo’s “Truth Hurts”: Joint Works and Derivative Works Under Copyright 
3. A Closer Look at a Troubling Anti-Scraping Ruling from Spring – Compulife Software v. Newman
4.  This Copyright Fair Use Opinion Discusses Jon Hamm’s Crotch 25 Times–Schwartzwald v. Oath (Eric Goldman) 
5. Publishing a Cropped Shot of Jon Hamm’s Crotch is Fair Use Under Copyright Law
6. Moral rights: why should developers care?
7. Schwartzwald v. Oath Inc.: Dismissal of photographer’s copyright infringement claim against HuffPost, finding media site’s altered reproduction of photographer’s viral “crotch shot” of Jon Hamm constituted fair use. 
8. This Week at The Ninth: Jersey Boys and Restroom Doors
9. Jersey Boys Don’t Cry: No Copyright Protection for Facts “Based on a True Story”
10. Corbello v. DeVito: Court rules that Broadway’s Jersey Boys did not infringe on plaintiff’s copyright of Tommy DeVito’s biography, holding musical depicts historical facts that are not protectable by copyright law
11. Hall v. Swift: Court denies dismissal of claim over Taylor Swift’s song Shake It Off, holding that it cannot conclude merger doctrine applies, & plaintiffs sufficiently alleged protectable selection & arrangement to support claim.
12. UMG Recordings, Inc. v. RCN Telecom Services: Court finds plaintiffs sufficiently pled contributory & vicarious infringement against ISP by alleging failure to terminate subscribers’ accounts after millions of copyright notices.
13. Small photo credit removal may result in big damages
14. Public Performance Rights (and Wrongs), the use of pop music in political campaigns
15. Copyright Companies Want Memes That Are Legal In The EU Blocked Because They Now Admit Upload Filters Are ‘Practically Unworkable’
16. Is It Broken and Should We Fix It? A Discussion of the Copyright Office’s Report on Section 512 of the Digital Millennium Copyright Act
17. Trademark “Services” Online Finally Defined in Canada by Federal Court of Appeal
18. Federal Court of Appeal Confirms Use of a Trademark with “Hotel Services” can be Established Without Brick and Mortar Hotels in Canada 
19. “I’ll Have the B.C. VQA, Sub-GI Certified Pinot” — Promoting B.C. Wines Through Legal Recognition of Our Unique Wine Regions 
20. AB InBev And Patagonia Trademark Dispute Will Proceed To Trial
21. Brewery Industry Insight – Different Parties May Register the Identical Mark for Beer and Restaurant Services
22. Craft Brewing Trade Mag Argues Beer Is The Most IP Product Ever, Ignores History Of The Industry
23. Banksy’s Weakass Attempt To Abuse Trademark Law Flops, Following Bad Legal Advice
24. A Right Royal Rejection: “Royal Butler” Trade Mark Application Denied in the UK
25. The Unique Challenges Of Protecting A Law Firm Brand 
26. BMW v. Premier Alloy Wheels (UK): breach of settlement agreement purported to stop intellectual property infringement
27. Pigment of our imagination? Colour trademarks could be inherently distinctive
28. Colour Purple is not for Protection (via Passle)
29. A Refresher on the Importance of Trademarks and Trade Dress in the Food and Beverage Industry
30. Trade Mark success for the gymnastics National Governing Body
31. Economies are battered but many major offices set for record trademark numbers 
32. Trade Secrets Regulations: interim injunction preventing use of confidential information
33. ITC Administrative Law Judge Decision Implicates Scope of Trade Secret Protections
34. An introduction to Trade Secrets: What they are and why they matter to your business
35. Fact-Specific Inquiry: Deciding Between Trade Secret and Patent Protection 
36. Federal Court invalidates tadalafil dosage patent finding dose selection to be routine 
37. Patent Trial and Appeal Board obligated to articulate a satisfactory explanation for its actions
38. Common Patent Misconceptions – Myth #4 – Disclosures
39. Claim Construction and Prosecution History Estoppel Require Viewing Patent and Prosecution History as a Whole 
40. Less is more when seeking patent protection for chemical compounds possessing a therapeutic effect
41. Essential guidance on patenting software-based inventions at the EPO
42. Patent Infringement Suit Alone Does Not Justify Anonymous Filing
43. A Brief History of Virtual Reality, in Patents 
44. I’m an academic, get me out of patents: Strategies for promoting patenting among academics and researchers
45. IP due diligence – The art of leaving nothing to chance
46. 3D printing and IP: Lessons from the EPO’s ‘Shaping Tomorrow’ conference
47. Assistant Attorney General Describes “New Madison” Approach to Antitrust and Intellectual Property Law
48. Publishers Are Taking the Internet to Court: In a lawsuit against the Internet Archive, the largest corporations in publishing want to change what it means to own a book.
49. PayPal Blocks Purchases Of Tardigrade Merchandise For Potentially Violating US Sanctions Laws
50. Could A Narrow Reform Of Section 230 Enable Platform Interoperability?
51. Fight For The Future Wants To Help You Tell The FCC Where To Shove The NTIA’s Anti-Section 230 Petition
52. An Interview on Why Section 230 Is On the “Endangered Watch List” (Eric Goldman)
53. The First Hard Case: Zeran V. AOL And What It Can Teach Us About Today’s Hard Cases
54. Addison Cain Really Doesn’t Want You Watching This Video About Her Attempts To Silence Another Wolf Kink Erotica Author
55. Revisiting the spectacular failure that was the Bill Gates deposition
56. UKIPO calls for views: AI and IP 
57. Another consultation on AI and opens … this time in the UK
58. Weakening Net Neutrality: How the Government’s Internet Regulation Plan Abandons the Principle of Equal Treatment of Content Online (Michael Geist)
59. No Policies on Real Issues and Harmful Policies on Non-Issues: How the Government Bungled the Internet Regulation File (Michael Geist)
60. Lawsuit over Atari 2600 Copycat Is Going to Trial
61. Ubisoft renamed Immortals Fenyx Rising after trademark dispute: Upcoming game given current name after Monster Energy opposed trademark application for original title Gods & Monsters
62. Apple asks to block iOS Unreal Engine development in new court filing
63. Apple claims Epic started legal battle to ‘reinvigorate interest’ in Fortnite
64. Apple allows streaming games on iOS, but there’s a catch
65. Apple’s updated iOS App Review Guidelines basically put the kibosh on Stadia, xCloud
66. Console options without disc drives could be GameStop’s final death knell
67. Feds seize OnePlus Buds, mistaking them for “counterfeit” AirPods
68. CBP So Confused It Seizes Clearly Labeled OnePlus Earbuds, And Falsely Claims They’re Counterfeit Apple Airpods
69. Rocket League’s life as a free to play game starts September 23
70. Twitch Tests Automated Mid-Roll Ad Format To The Dismay Of Several Top Creators

Jon

INTELLECTUAL PROPERTY

1.  Access Copyright and York U File Responses in SCC (Howard Knopf)
2. The Canadian Copyright Licensing Agency(“Access Copyright”) And -York University: Response Of York University To Application For Leave To Appeal Of The Canadian Copyright Licensing Agency
3. The Copyright Board’s New $757,548.50 (+?) Website – Finally an Apparently Functional Search Engine – but Otherwise Disappointing at Best and Problematic at Worst – And Still NO CANLII Presence (Howard Knopf)
4. Can’t “Shake It Off” Yet: Court Denies Taylor Swift’s Motion to Dismiss Copyright Infringement Lawsuit 
5. Music Choice v. Copyright Royalty Board: D.C. Circuit determines that Board erred in determination that services offered were categorically excluded from lower royalty rate for pre-existing service providers set forth in DMCA.
6. Not Your Grandfather’s Internet Royalties? DMCA Favorable Rates Might Apply to Internet Offerings 
7. Ninth Circuit: Under the “Asserted Truth Doctrine” (f/k/a “Copyright Estoppel”) Authors of Nonfiction Cannot Later Claim a Work is Fictional to Pursue a Copyright Case
8. Astor-White v. Strong: 9^th Cir. affirms that, after three amended complaints, plaintiff was still unable to plausibly allege defendants copied or appropriated protectable expression from TV series Empire.
9. Jackson v. Roberts: 2nd Cir. affirms that right of publicity claim brought by 50 Cent against Rick Ross, based on Ross’s sampling of 50 Cent’s hit song “In Da Club” in a promotional mixtape, is preempted by Copyright Act.
10. No Remix: Copyright Act Preempts Right of Publicity Claim
11. A Copyright Suit against Netflix’s Stranger Things 
12. Bain v. Film Independent, Inc.: Court dismisses claims against actress, finding her use of portions of film not yet widely released in her acting reel to be transformative fair use.
13. Michael Skidmore v. Led Zeppelin et al., Case No. 20-142 (S.Ct. 2020)
14. What 11th Circ. Guitar Ruling Means for Copyright Litigants 
15. Do Those Plans Infringe on My Plans? Depends Where You Are
16. The Next Register Of Copyrights Must Realize That Copyright Serves The Public 
17. Out of the Ordinary: Requirements for Describing Goods and Services in Canadian Trademark Applications 
18. “Terrible Towel” Lawsuit a Good Reminder to Consult a Trademark Lawyer
19. Honda and Microsoft caught in a trademark race 
20. Apples and Prepears: The perception of protective brands 
21. The Queen is not amused, The Royal Butler is refused (via Passle) 
22. Goodwill Hunting
23. Nike are successful in registering FOOTWARE (via Passle)
24. Tiffany v. Costco: Descriptive words over trademark exclusivity 
25. Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. –Adler v. Reyes & Adler v. McNeil (Eric Goldman) 
26. Influencer marketing and TM infringement
27. USPTO prioritises certain COVID-19-related trademark and service mark applications 
28. No trade secret protections for information discussed via open zoom call 
29. Playing Fair: Protect Trade Secrets from Business Partners
30. Don’t Play Chicken With Court Orders: COVID-19 Is No Excuse for a Terminated Franchisee to Continue Using the Franchisor’s Intellectual Property and Trade Secrets
31. Use of Infringing Product, Misappropriated Trade Secrets May Continue – for a Licensing Fee
32. A UDRP case involving a .CEO domain
33. Purposive test applies to construction of patent claims: Federal Court
34. A significant Federal Court decision supporting patent eligibility of software inventions in Canada
35. Second Kick at the Can: Post-Grant Proceedings Involving Canadian Patents
36. Judge Rakoff Refuses to “Ice” Diamond Patent Inequitable Conduct Allegations
37. Unwired Planet v Huawei and Huawei/ZTE v Conversant [2020] UKSC 37
38. Exclusion Orders: How an International Trade Commission Investigation Can Protect Patented Products from Infringing Imports
39. Spotlight: standard-essential patents in United Kingdom
40. The Federal Circuit Expressly Declares that Juries Determine the Standard-Essentiality of Patent Claims 
41. Trapped: insufficiency deals the final blow to Regeneron’s ground-breaking transgenic mouse patents 
42. Patent Office Issues Binding Memorandum Concerning Use Of Applicant Admitted Prior Art 
43. Using patents to establish alternative business models, built around licensing
44.  Canadian Heritage Minister Guilbeault Says Social Media Sites Linking to News Content Without Payment is “Immoral” (Michael Geist)
45. As Heritage Minister Steven Guilbeault Plans Link Taxes and Internet Content Regulation, Where Is Navdeep Bains? (Michael Geist) 
46. There Are Many Serious Concerns About Facebook. Why the Australia News Fight Isn’t One of Them (Michael Geist)
47. Intermediary Liability And Responsibilities Post-Brexit
48. UK government’s Digital Services Tax misses its target: Apple and others share the weight of 2% tax aimed at major tech firms with developers, sellers, and advertisers
49. Legal Concerns With Influencers’ Tattoos On Social Media: The Ball Is Still In The Air, And The Ink Is Not Dry
50. Academic Study Says Open Source Has Peaked: But Why?
51. How to gather Data Legally for training AI Data Model?
52. Artificial Intelligence and Trends in Patenting
53. California musicians rejoice as governor ratifies new legislation on employment classification
54. New California Law Makes it Easier for Certain Musicians, Writers, Photographers and Content Providers to Be Deemed Independent Contractors
55. Apple is now seeking damages from Epic Games over breach of contract
56. Apple goes on offensive in Epic Games lawsuit: Apple’s official login system will work with Fortnite “indefinitely” but users are encouraged to update Epic accounts
57. Apple pauses plans to end ‘Sign In with Apple’ support for Epic Games accounts
58. Apple says Epic’s Fortnite payment scheme “is theft, period.”
59. Epic is attempting to have Fortnite reinstated on the App Store
60. Epic asks court to force Fortnite back onto the iOS App Store
61. Epic Games wants court order to reinstate Fortnite on iOS: Unreal firm files another preliminary injunction to “stop Apple from retaliating” during antitrust case
62. Plaintiff Epic Games, Inc.’s Notice Of Motion And Motion For A Preliminary Injunction And Memorandum Of Points And Authorities In Support Thereof
63. Google distances itself from Epic versus Apple legal dispute
64. Google requests court not connect it to Apple vs Epic: Firm says it has yet to be officially served a complaint, but will challenge “based on circumstances unique to Android”
65. Data Transmission Patent Asserted Against Amazon and Blizzard is Partially Invalidated
66. Abdin v CBS: Second Circuit affirms dismissal of copyright action alleging that Star Trek: Discovery series infringed Tardigrades video game, holding that parties’ works are not substantially similar as matter of law.
67. Indian dev unveils FAU:G in the wake of government’s PUBG Mobile ban: Ncore Games’ new title will feature current Chinese-Indian border dispute as a setting
68. PUBG responds to India’s ban on PUBG Mobile: PUBG Corp withdraws license to run PUBG Mobile in India from Tencent, will self-publish franchise instead
69. Game Creator Has His YouTube Video Of Game Demonetized Over Soundtrack He Also Created
70. Duke Nukem throws a spanner in the Gearbox | 10 Years Ago This Month: Borderlands studio revives Duke Nukem Forever, dooming itself to a decade (and counting) of legal battles
71. GameStop will close another 400 to 450 stores this fiscal year: It’s already closed 388 stores year-to-date
72. U.S. Patent no. 9,582,147: Inserting game objects through contactless communication
73. In Major Blow To Sony’s Upcoming PlayStation 5, Microsoft Announces PlayStation 6

Jon