The Phillie Phanatic is Back!
Hi all,
With the Major League Baseball season officially commencing today, I thought it was fitting to share an interesting story about the Philadelphia Phillies mascot, the Phillie Phanatic!
While I’ve attached the link to the full Bloomberg Law story (and the short copyright settlement approval) below, here is a short summary of the story for those interested:
The Philadelphia Phillies purchased a copyright assignment in the Phanatic costume from Bonnie Erickson and Wayde Harrison, who created the costume, pursuant to two agreements: one in 1978 and another in 1984. However, the US Copyright Act allowed Erickson and Harrison to terminate the copyright grant 35 years post-agreement. Thus, the Phillies sued Erickson and Harrison in 2019, seeking a declaration that the two individuals cannot terminate their copyright interest in the mascot. While the two sides ultimately settled the matter confidentially in November 2021, two different magistrate judges made some interesting comments about the case prior to the settlement (which, in my opinion, unduly favour the interests of the Phillies due to their stature as a large MLB franchise and the Phanatic’s wide popularity as a memorable mascot):
- A federal magistrate judge in August 2021 recommended that the Phillies be allowed to continue using the 2020 version of the mascot without having to pay the creators, and
- Magistrate Judge Sarah Netburn said the current Phanatic costume is a derivative work created by the Phillies while it had rights to the design, exempting it from the creator’s termination rights.
Again, while the case was ultimately settled confidentially, it is worth considering whether the above statements unreasonably prejudice the rights of the creators in an attempt to allow the Phillies to capitalize on its highly profitable use of the Phanatic as its mascot. Ultimately, baseball is back, and the Phanatic is too!
Article: news.bloomberglaw.com/ip-law/phillie-phanatic-is-back-after-lawsuit-settlement-approved
Copyright Case: www.bloomberglaw.com/public/desktop/document/PhilliesvHarrisonEricksonIncorporatedetalDocketNo119cv07239SDNYAu/4?1649374041
Formula 1 and IP – Why F1 and Patents Don’t Mesh
Hi everyone,
As the new Formula 1 (F1) season is fast approaching, the first race of the season being on March 20th, I was curious about how F1 handles IP. This curiosity is derived from the innovation that F1 exhibits each season. For those that do not know, each year each F1 team has to develop a new car based on the guidelines going into that season. This year is particularly special as this season we are going to see the most radical change in guidelines in years. F1 is all about finding the grey areas in the guidelines to develop technology that will give you an edge as every hundredth of a second could mean the difference between winning and losing. On the line is not just pride but teams are compensated by F1 at the end of the season based on their position in the standings. Where a team places can make a difference of 10s of millions of dollars, which of course would make the team more competitive going into the next year as they’d have more funding. Teams definitely have trademarks in their brands but revolutionary F1 technology is often not patented. Teams spend hundreds of millions of dollars developing this technology and do not patent it but rather try to keep their innovations as trade secrets – why is this so? You may think it sounds ridiculous that a company would spend that amount of money to develop technology and not patent it. This is the case because the governing body of F1 has actually said that if a team attempts to patent technology and enforce it, that technology would be banned. If a team patents a design and implements it, the other teams will simply vote it out via the FIA Technical Working Group. The logic here is that if one team develops technology that blows the competition out of the water and then patents it, the racing (which is the whole purpose of F1) would suffer. No one wants to see a race for second with one team dominating. It is a bit funny to write that as Mercedes has actually been dominant from 2014-2021, their driver’s championship streak finally came to an end last year when Red Bull finally won (in a very controversial fashion). Mercedes’s run of dominance is attributed to great drivers, a great engineering team (with some well-kept trade secrets), and a massive budget but not patents. Another reason for the lack of patents in F1 is patenting technology takes time. Cars are updated throughout the year from race to race, if something works it stays, if it doesn’t the team could potentially change it. The patent process is often lengthy and would not keep up with the pace of an F1 season or radical changes in development from year to year.
Despite not patenting the technology in F1, teams that are often owned by major car manufacturers often implement the technology they develop for their F1 cars into their road vehicles. It’s unclear how or if this technology gets patented for road car use but it is definitely cool to see that innovation show some utility on larger scale. An example of such a technology is paddle shifters developed in the 80s and now incorporated in many cars around the world. There are many more examples and I have attached a few articles below for everyone if they would like to learn more about F1 and IP or about the innovations that have made it into road cars.
Thanks for reading!
-Amit Chandi
https://blog.ipleaders.in/driving-force-behind-intellectual-property-formula-1/
https://www.budgetdirect.com.au/interactives/special-feature/f1-trickle-down-effect.php
Vaccines and IP Law – Should vaccine patents be waived in the face of a pandemic?
One interesting topic I thought of in relation to IP law is IP and COVID-19 vaccines. As the wealthy countries of the world vaccinate their populations, even arriving at the stage of providing a third booster dose, developing nations lag significantly far behind in vaccination rates. This is partially due to supply issues as wealthy countries put down big money to secure their vaccine procurement contracts and hoard a large, outsized chunk of the global vaccine supply. This article, “Dose of Desperation,” outlines this exact problem in intricate detail. Canada, alongside other wealthy countries, bought up an outsized share of the global vaccine supply leaving poor countries to struggle to source the lifesaving medication. The Canadian government has acknowledged that the fight against COVID won’t be over unless the world en mass has access to vaccines. It seems to be that without widespread access to vaccines, new variants and outbreaks will continue to emerge putting the entire world at some level of risk. It will take a truly global effort to effectively end the COVID-19 pandemic. One question that has stuck with me through the course of these unprecedented times is, is it truly justified to provide IP in vaccines to the companies that have developed them when we as a global community are faced with a deadly virus that has taken the lives of millions? Currently, IP law prevents developing countries from making their own domestic, generic version of the vaccines. I understand that the rationale in providing IP in one’s creations is partially to incentivize inventors and scientists to innovate, but is a global pandemic a valid reason to ignore these goals of IP law? I wanted to explore whether there is a case to be made to suspend the patents for the vaccines so generic versions can be produced – would doing so actually have an effect and get vaccines out more broadly? Or would doing so still fail to meet the goal of providing vaccines more broadly, sooner?
Here is an interesting clip, CBC Clip, from the CBC that delves into these questions and outlines Doctors without Borders stance that patents should be suspended. Doctors without Borders’ argues this debate is cut and dry as it is about saving lives over saving systems (referring to IP law). The COVAX program that has multiple partners and contributors, mostly wealthy countries, was designed to increase vaccine availability without the suspension of patents. There has been buy-in from the US and many EU countries into COVAX but both the US and EU have initially been against suspension of patents. The article I linked above details how despite the program having some success, most countries have failed to meet their commitments on getting vaccines to developing countries as soon as possible. Also, there have often been shipments of vaccines that arrive at their destination expired and of no use. Is mass production of the vaccines stripped of IP the answer? Would there even be sufficient facilities to produce the vaccine generically? Doctors without Borders’ seem to think so and the organization has cited the slow and ineffective rollout to developing countries as a reason to suspend the patents. The Doctors without Borders representative in the clip, a co-inventor of the Hep C vaccine, acknowledges that the IP law system we have in place currently does incentivize innovation and is effective in a normal context, it’s just in the context of the COVID-19 pandemic that has had widespread effects on society that even go beyond the illness (financial impacts, child development issues, etc) the requirements of the system should be outweighed by the impact of the pandemic. Despite it being unlikely every country will directly benefit from suspending the patents, any increased global production of vaccines helps – especially in places like India that have a large chunk of their population unvaccinated despite being a large producer of vaccines for wealthy countries.
About 10 months ago, it seemed the US had come around on this issue as President Biden has changed his stance to support a temporary waiver of the vaccine patents. Here is an article explaining the change in course: US reverses stance. However, at the time I am writing this post there is still no waiver as the US and the other 100+ countries in favour of waiving the patents have met stiff opposition from the UK and Germany for the most part. Here is an interesting article explaining the pushback and where this debate has gone over the last year: Vaccine Waiver Pushback.
Moderna has made statements they would share IP but only in a post-pandemic situation – what’s the point then? What Moderna Reveals About the Cruel Absurdity of “Innovation” Under Pharmaceutical Monopolies. In my opinion, we need to make a stronger push to get waivers for vaccines so developing countries can produce supply at home and increase vaccine availability. The pharmaceutical companies may want to complain and throw a fit but if we’re being honest, these companies, while doing the world a great service in inventing these vaccines, have been paid back for their contribution plenty of times over. These companies have made billions of dollars over the course of the pandemic and providing countries with the ability to produce generic vaccines to finally make a global push to draw this pandemic to a close seems like a no-brainer to me.
News of the Week; February 24, 2021
INTELLECTUAL PROPERTY
- Canadian consultation on extending the general term of copyright open through March 12
- Extra, extra, read all about it: new Canadian Bill proposes remuneration for use of journalistic works online
- Time to Pay the Copyright Piper? A Digital Media Platform Copyright Reckoning for Journalists is Upon Us!
- Meghan Markle gets summary judgment – but is she the sole author of her letter?
- Duchess of Sussex wins summary judgment in copyright and privacy claims
- Duchess of Sussex v Mail on Sunday & MailOnline
- HHJ Hacon decides ownership of Virtual Forensic Computing software created during course of employment.
- Karma: Twitch Replaces Live Metallica Concert With 8-Bit Music To Avoid Copyright Madness
- Understanding the Boundaries of Using Copyrighted Learning Materials in Distance Learning
- Hooray for the Public Domain: A prequel to The Great Gatsby sees the light of day!
- A Closed Book: No Past Infringement, No Reading Between the Lines into the Future
- Third circuit panel revises half-baked trade dress functionality decision
- 9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs
- Apple Settles Trademark Opposition With PrePear Recipe App After The Latter Makes A Barely Perceptible Change In Logo
- A Registration is a Trump Card
- Peloton Seeks To Invalidate ‘Spinning’ Trademark Held By Trademark Bully
- FyreTV Porn Service Asks 11th Circuit Panel To Resurrect Dumb Trademark Suit Against Amazon Over FireTV
- USPTO Provides Guidance in View of ‘Booking.com’
- Trademark registrability of generic.com domain names following US Supreme Court decision on Booking.com
- Fairtrade Fortnight
- Protecting product appearance through trademark and design registrations
- Domain Name Dispute Resolution Options: Features, Benefits and Other Considerations for Selecting Between UDRP and URS
- Federal Circuit Clarifies When Appellate Review Triggers Patent Term Adjustment
- Federal Court Dismisses Limitation Period Defence in Patent Infringement Action under Section 8.2 of the PM(NOC) Regulations
- Canadian courts are interpreting supplementary pharmaceutical patent protection more broadly than their EU counterparts
- Lack of enablement in Amgen v Sanofi and Regeneron
- Federal Circuit Axes Amgen Antibody Patents, Finding Lack of Enablement
- Judge Schofield Rejects Application of Rare Equitable Estoppel Defense
- 2G or Not 2G: Patent License Applies to Future Generation Wireless Networks
- Boom in M&A shifts semiconductor patent landscape
- Patent Office Issues Guidance on Indefiniteness
- When is someone “authorised” to use a patented invention for the services of the Crown and therefore immune from patent infringement?
- John Deere Promised To Back Off Monopolizing Repair. It Then Ignored That Promise Completely.
- California can enforce net neutrality law, judge rules in loss for ISPs
- California Poised To Defeat Broadband Industry In Scrum Over Net Neutrality
- ‘Net Neutrality Hurt Internet Infrastructure Investment’ Is The Bad Faith Lie That Simply Won’t Die
- FCC Pressured To Let Libraries Bridge Broadband Access During The Pandemic
- China blocks BBC World News in Tit-for-tat move following CGTN Ban in UK
- Ontario Court Sets Out New Tort of “Harassment in Internet Communications”
- Facebook to reverse Australia news ban after lawmakers alter bill
- Facebook Caves To Australia: Will Restore Links After Government Gives It More Time To Negotiate Paying For News Links
- Right to post: Australia calls Facebook blocks an assault on a sovereign nation: Health Minister Greg Hunt has turned up the rhetorical dial after Facebook blocked Australian news media this morning.
- Facebook news ban is “arrogant,” Australia will not be “intimidated,” PM says
- The Bizarre Reaction To Facebook’s Decision To Get Out Of The News Business In Australia
- Why Is Facebook’s Decision to Restrict News in Australia So Significant?
- Australian News Sites Shocked & Upset To Learn They Don’t Need To Rely On Facebook For Traffic!
- Facebook’s Australian News Ban Did Demonstrate The Evil Of Zero Rating
- Beware the Unintended Consequences: Some Warning Signs for Canada from the Australian Government Battle With Facebook (Michael Geist)
- The Complexity of Internet Content Regulation – A Conversation with CIPPIC’s Vivek Krishnamurthy (Michael Geist)
- Microsoft throws Google under the bus in European news fight
- YouTube Removes PewDiePie’s Cocomelon Diss Track, Citing Harassment And Child Safety Policies
- Is Mandated Sideloading The Answer To App Store Deplatforming?
- Indian Government Requires Educational Establishments To Obtain Its Approval For The Subject Matter And Participants Of International Online Conferences And Seminars
- Tech groups sue Maryland to block new digital-ad tax from going into effect
- Is Section 230 Just For Start-ups? History Says Nope
- North Dakota’s New Anti-230 Bill Would Let Nazis Sue You For Reporting Their Content To Twitter
- Attacks On Internet Free Speech In Malaysia And Indonesia Demonstrate Why Section 230 Is So Important
- Content Moderation Case Study: Senator Asks YouTube To Block Al Qaeda Videos (2008)
- Content Moderation Case Study: Chatroulette Leverages New AI To Combat Unwanted Nudity (2020
- Doctor Can’t Win Default Judgment Over Patient’s Yelp Review–Mirza v. Amar (Eric Goldman)
- Maryland First State to Adopt Digital Ad Tax
- YouTube Shutters 7 Remaining ‘YouTube Spaces’ Globally, Doubling Down On Pop-ups And Virtual Programming
- Spotify Will Enable Podcasters To Charge For Monthly Subscriptions, Slates Broader Rollout For Video Podcasts
- Internationalized domain names: definition, challenges, and status
- Copyright in works created by artificial intelligence: issues and Perspectives
- Artificial Intelligence and Patents: Inventing Inventors
- Takeaways | Requiring Human Inventorship – Opportunities to Advise Whether to Prohibit, Permit, or Require Listing an AI Algorithm as an Inventor – Eastern District of Virginia & European Patent Office
- Legal Aspects of Artificial Intelligence (v3.0)
- AI can write a passing college paper in 20 minutes: Natural language processing is on the cusp of changing our relationship with machines forever.
- Microsoft says SolarWinds hackers stole source code for 3 products
- To pay or not to pay: Another regulator weighs in on the decision to pay a ransom
- LAPD Asked Ring Users To Turn Over Footage Of Anti-Police Brutality Protests
- Illinois politician proposes a Grand Theft Auto ban
- New Illinois Bill Would Expand Restrictions on Video Games
- UK antitrust tribunal blocks Epic’s case against Apple
- Epic Games attacks Apple in antitrust complaint to EU: Apple’s position as a gatekeeper for what apps can appear on iPhones or iPads has already attracted EU antitrust scrutiny
- Valve gets dragged into Apple and Epic’s legal fight over Fortnite
- Apple turns to Valve for information in legal battle with Epic
- Valve pushes back against Apple’s attempt to rope it into the big Epic v. Apple dispute
- Bethesda faces lawsuit over Fallout 4 DLC: The company faces charges of deceit for not including its Creation Club in the game’s Season Pass, which could delay Microsoft’s ZeniMax takeover
- Microsoft Unveils Xbox Accessibility Guidelines Version 2.0
- PS5 DualSense drift — this teardown just revealed the cause
- CD Projekt Red issues DMCA to prevent spread of stolen Gwent code
- CD Projekt issues DMCA takedowns to halt spread of illegally obtained source code
- Report: Some CD Projekt devs unable to work after ransomware attack
- Take-Two DMCA takes down reverse-engineered GTA source code
- Take-Two reportedly takes down reverse-engineered GTA3, Vice City source code
- Steam’s new controller reporting lets devs know how their games are played
- Burning Crusade Classic leaks ahead of BlizzCon
- Microsoft’s accessibility guidelines are a great start — but we can go further | Opinion
- Unity report shows mobile games ad revenue grew 8% in 2020
- January digital games spending reaches $11.6bn
- Notre Dame sitting out of EA Sports College Football for now
- Bungie scaling up to expand Destiny ‘into additional media’ and create new IPs
- Live-action Twisted Metal TV series moving forward
- Cambrian’s new game design program launches in September
- Sony developing ‘next-generation VR system’ for PlayStation 5
- Sony announces new PSVR hardware for PlayStation 5
- Sony just confirmed PSVR 2 for PS5 — these are the biggest upgrades
- Next-Gen VR Dev Kits for PS5 Shipping Soon with “completely new VR format”
- Sony Confirms Next-Gen PSVR is Coming, New Controllers to Feature DualSense Tech
- PlayStation’s commitment is a huge boost to the VR market | Opinion
- Carmack: Facebook-Oculus Acquisition ‘Not A Perfect Outcome’ But Still ‘Correct’ For The Company
Jon
News of the Week; February 17, 2021
INTELLECTUAL PROPERTY
- A consultation on how to implement an extended general term of copyright protection in Canada (Canada)
- Copyright Term Extension – March 12 2021 Deadline to Respond to Very Disappointing Document (Howard Knopf)
- Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension (Michael Geist)
- The Copyright Bill That Does Nothing: Senate Bill Proposes Copyright Reform to Support Media Organizations (Michael Geist)
- Copyright Term Extension: To Life Plus 70 Years, But Not Beyond! Government Consultation on Copyright Term Extension Now Open
- Should We Require Human Inventorship? Submit Your Amicus Brief by March
- Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters.
- Copyright and database rights in database schema: Software Solutions Ltd and others v 365 Health and Wellbeing Ltd and Smith
- Judiciary’s Approach to Moral Rights under Copyright Law
- H&M and Unicolors weave up at Copyright battle at US SC
- UK Courts find hidden voice in film authorship dispute
- Pan-European Design Protection: Considerations for the fashion sector post-Brexit
- Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It
- A Shoe-In? Fleet Feet Gives Injunction Appeal the Moot Boot
- Amazon keeps hitting the target… but not quite in a trade mark context
- One too many Pink Ladies
- Tefal fails to secure trade mark protection for its red dot despite survey evidence
- ‘It’s like milk but made for humans’: General Court overturns EUIPO’s refusal to register Oatly’s trade mark
- When is a slogan a trade mark?
- Random Jackass Attempts To Trademark ‘Mayor Of Mar-A-Lago’ In The Most Hilarious Way
- How life sciences companies can strengthen IP strategies through the use of trade secrets
- ITC Finds Trade Secret Misappropriation and Bars Electric Vehicle Batteries from SK Innovation—With Exceptions
- $6 Million Verdict Vacated in Flooring Tech Trade Secrets Row
- The Facts on Fax Machines: They’re Not Dead, They’re Indefinite
- Foreign Prosecution History: To Admit, Or Not To Admit, That Remains a Puzzle To Canadian Courts
- Federal Court finds silodosin formulation patent valid but not infringed
- Patent application extensions of time in Canada
- Extensions of time in Canada: worth the trouble?
- Contradictory Positions Render Claims Indefinite
- “Safe Harbor” Act May Save Pfizer From Infringement for Covid Vaccine Clinical Trials
- It Is Improper To Read a Claim in a Grammatically Incorrect Way Simply To Include a Disclosed Embodiment
- US patents: Body blow for antibodies
- There’s no such thing as an international patent
- Everyday IP — Flushing out the facts: When was indoor plumbing invented?
- From Snail Mail to Streaming: The Netflix Intellectual Property Story
- Cloud Contracts: The Impact of Common Terms of Service Provisions on Intellectual Property Rights
- The link between intellectual property rights and business performance
- IP law looms large over U.S.-China relations
- Why Laid Off Bell Sports Journalists Should Form A Worker Co-op: We cannot rely on legacy corporate media to save the journalism industry. It’s time to build something better.
- Circumventing Parliament: How Bill C-10 Dramatically Reduces Parliamentary Oversight and Review Over Broadcast Policy (Michael Geist)
- Are Social Media Services “State Actors” or “Common Carriers”? (Eric Goldman)
- Dumb New GOP Talking Point: If You Restore Net Neutrality, You HAVE To Kill Section 230. Just Because!
- A reckoning for the paparazzi and tabloid media
- Facebook goes nuclear, banning all news posts in Australia
- Big Tech opens wallet for publishers as Australian news code looms
- Google and Facebook grapple with news publishers, as Australia becomes a test case
- The Internet Is Splintering
- Posing as Amazon seller, consumer group investigates fake-review industry
- There won’t be blood: Apple is making its syringe emoji a vaccine dose
- State lawmakers override veto, become first in nation to tax online ads
- Biden Administration Presses Pause on WeChat and TikTok Appeals
- Biden Administration Asks Federal Courts to Pause TikTok and WeChat Cases
- Twitter CFO Says Trump Is Banned In Perpetuity, Even If He Runs For Office Again
- Facebook has been helping law enforcement identify Capitol rioters
- Facebook Blocks News Viewing, Sharing In Australia, Faces Backlash From Emergency Services
- Zuckerberg responds to Apple’s privacy policies: “We need to inflict pain”: Meeting between Zuckerberg, Cook “resulted in a tense standoff.”
- Insights: Apple And Facebook Are Fighting For The Future As Much As For Now
- Inside the Making of Facebook’s Supreme Court: The company has created a board that can overrule even Mark Zuckerberg. Soon it will decide whether to allow Trump back on Facebook.
- The Copia Institute To The Oversight Board Regarding Facebook’s Trump Suspension: There Was No Wrong Decision
- Zuckerberg’s Grand Illusion: Understanding The Oversight Board Experiment
- United States: towards the end of Internet intermediary immunity?
- New details emerge about Google’s payments to link to French news sites
- Why young designers are using social media to shame fast fashion copycats
- Orrin Hatch, Who Once Wanted To Destroy The Computers Of Anyone Who Infringed On Copyrights, Now Lies About Section 230
- Content Moderation Case Study: Valve Takes A Hands Off Approach To Porn Via Steam (2018)
- Content Moderation Case Study: Google ‘Removes’ German Residences From Street View By Request (2010)
- Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google (Eric Goldman)
- Section 230 Applies to Articles by Huffington Post Contributors–Page v. Oath (Eric Goldman)
- WhatsApp messages – who is in control?
- YouTube’s ‘Shorts’ TikTok Clone, With 3.5 Billion Daily Views, To Arrive In The U.S. This March
- YouTube Launches Bi-Weekly ‘Shorts Report’ To Bolster Its TikTok Competitor
- TikTok’s U.S. Ad Business Grew 500% In 2020, It Says
- SAG-AFTRA Ratifies New ‘Influencer Agreement’ Covering Creator-Generated Branded Content
- Disney+ Closes 2020 With 94.9 Million Subscribers, Expects To Hit 230 Million In 2024
- An anniversary for great justice: Remembering “All Your Base” 20 years later
- IP law and strategy for AI – A European perspective
- Top Ten Legal Considerations for Use and/or Development of Artificial Intelligence in Health Care
- Enough is enough — Governing the ungovernable
- FTC Settles Facial Recognition Data Misuse Allegations with App Developer
- he Perfect Storm for Privacy and Adtech: How the End of the Cookie Era Will Reshape the Digital Marketplace
- Information Commissioner confirms conservatives illegally collected data to racially profile voters
- Nintendo reportedly raises damages sought in Colopl lawsuit to $47m
- Nintendo claims additional damages in White Cat Project lawsuit
- Epic Games’ Case Against Teenage Fortnite Cheater Finally Settles
- Epic files EU antitrust complaint against Apple
- Fortnite vs. Apple continues to escalate with new antitrust complaint
- Fortnite fight expands as Epic claims Apple broke EU competition law
- North Dakota lawmakers jump into Apple/Epic fight with new app store bill
- Coalition for App Fairness behind North Dakota bill against Apple: Money from the organisation co-founded by Epic Games paid for lobbyists to introduce new bill into state senate
- A North Dakota bill aiming to loosen Apple’s tight grip on iOS has failed
- One Patent To Rule Them All | Podcast: We discuss the implications of Warner Bros’ Nemesis system patent, with Harbottle & Lewis’ Kostya Lobov
- PC versions of Grand Theft Auto reverse-engineered to raw source code
- Hackers claim to have sold Cyberpunk 2077, Witcher 3 source code
- CD Projekt Red source code reportedly sells for millions in dark Web auction
- How close is too close? A look into the use of altered trade marks and third-party ‘patches’ in videogames
- Eximius dev relaunching title after publisher dispute
- US game spending up 42% in January, says NPD
- Zynga delivers record annual revenues thanks to ‘forever franchises’
- Bad Robot looking to be the rare Hollywood-and-games success story
- Last Of Us HBO series casts Pedro Pascal as Joel
- Dota 2 is getting a Netflix series: The eight-episode anime series will launch on March 25
- The ‘GaaS or subscription service’ squeeze in games
- Blog: Video game music concerts in 2021
Jon
News of the Week; February 10, 2021
INTELLECTUAL PROPERTY
- Federal Court trusts technology to prove infringement
- Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters.
- Latest Anti-Accountability Move By Cops Involves Playing Music While Being Recorded In Hopes Of Triggering Copyright Takedowns
- Celebrity tattoo artist Kat Von D sued for inking Miles Davis design? Tats crazy!
- Desire v. Manna Textiles (USCA, 9th Circuit): Holds only one statutory damages award available where defendant supplied infringing work to other defendants, even when those other defendants exploited infringing work.
- Carlini v. Paramount Pictures Corp. (USDC, California): Court action brought alleging film “What Men Want” infringed plaintiff’s screenplay, finding access was insufficient and works were not substantially similar.
- Be careful what you scrape from the HiQ v. LinkedIn decision
- Sherlock Holmes and the copyright infringement claim
- Protect your moves – A mix of Intellectual Property and Dance
- Snippet Taxes Not Only Violate The Berne Convention, But Also Betray The Deepest Roots Of Newspaper Culture
- Why Is Congress Pushing For Locking Up More Culture?
- SCOTUS Update – Google v. Oracle
- Music – Royalty Rates for Digital Transmissions
- Copyright year in review 2020
- The growing role of domains in IP
- What to Do when “Everything Sucks”
- Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It
- Taylor Swift sued by Utah Theme Park for trademark infringement.
- Pearl Jamm changes name to Legal Jam…to avoid legal jam
- SDNY Magistrate Judge Recommends that Rubik’s Cube Design is Not Functional
- Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark
- How to Register a Common Shape as Your Trademark
- Trademarks in 2020: notable cases and developments
- Trade Secret Management in the United States: Top Ten Mistakes to Avoid
- December 2020 COVID-19 Relief Bill Finally Closes the Streaming Loophole
- Third Circuit Finds Pocky Trade Dress Functional, Not Protectable
- There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional
- The Doctrine of File Wrapper Estoppel in Canada: The Court of Appeal Hands Down its Decision
- Evidence Supports Prior Art’s Public Accessibility but Not the Board’s Adoption of an Unpresented Theory of Anticipation
- Federal Circuit Clarifies Part of Patent Term Extension Equation
- Federal Circuit Says Automated Systems Are Not Abstract when Tied to Improvements
- The “Skinny Label” – The Federal Circuit Has Second Thoughts
- No Patent Eligibility Reward for Customer Loyalty Program Computer System
- How to patent over-the-air (OTA) automotive technology
- Federal Circuit Agrees to Reconsider Ruling in GSK v. Teva Drug Patent Case
- When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs
- Key Insights for Obtaining FinTech Patents
- Patents in 2020 – The year in review
- Conservative MP Files Amendment Calling on the Government to Withdraw Bill C-10 (Michael Geist)
- Why The Secrecy on Bill C-10?: How the Liberals Abandoned Their Commitment to Consultation, and Transparency in Pushing Their Broadcast Reform Bill (Michael Geist)
- Big Game, Ad Claims: Reflecting on Super Bowl Advertising Tactics
- 25 Years Later: A Celebration Of The Declaration Of The Independence Of Cyberspace
- Google, Facebook tell SCOTUS it should be harder for you to sue them
- Senators Warner, Hirono, And Klobuchar Demand The End Of The Internet Economy
- Platform mergers and antitrust: This paper sets out a framework for addressing competition concerns arising from acquisitions in big platform ecosystems.
- The Definitive Guide to Clickwrap
- We’re Living Our Lives On The Internet, And We Can’t Be Free If It Isn’t.
- Now It’s The Democrats Turn To Destroy The Open Internet: Mark Warner’s 230 Reform Bill Is A Dumpster Fire Of Cluelessness
- Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers
- Proposed Sec. 230 rewrite could have wide-ranging consequences
- The Many Reasons To Celebrate Section 230
- Section 230 Lets Tech Fix Content Moderation Issues. Congress Should Respect That
- How To Think About Online Ads And Section 230
- How Section 230 Makes My Life Better (A Celebration of Its 25 Year Anniversary) (Eric Goldman)
- Content Moderation Case Study: Twitch Allows Users To Enable Emote-Only Chats (2016)
- Content Moderation Case Study: Twitter Attempts To Tackle COVID-related Vaccine Misinformation (2020)
- Universal Music Yanks Catalog From Triller, Slams Service For Withholding Artist Payments
- Texas Dept. Of Public Safety Issues Amber Alert For Victim Of Horror Doll Chucky
- 25 years ago today, the internet declared its independence — for better and for worse
- Protecting AI Innovations Through Trade Secrets and Patent Protection
- The Collision of AI’s Machine Learning and Manipulation: Deepfake Litigation Risks to Companies from a Product Liability, Privacy, and Cyber Standpoint
- Turf wars: confidentiality of live (sports) data
- Shadow of War publisher Warner Bros. has patented the series’ Nemesis system
- Super Nintendo World apparently took scenery from a Mario fangame
- G.I. Bro is a Go: Copyright Dispute Over Call of Duty Poster Survives Summary Judgement
- Activision Blizzard sued over Call of Duty character
- Warner Bros finally secures patent for Shadow of Mordor’s Nemesis system
- CD Projekt Red’s internal systems “compromised” following ransomware attack
- CD Projekt Red gets ‘cyberpunk’d’ – another ransomware attack
- Cyberpunk 2077 developer hit with ransomware attack
- Cyberpunk 2077 developer CD Projekt hit by ‘targeted cyber attack’
- MP proposes bill to make console scalping illegal amid PS5 and Xbox Series shortages
- Terraria developer cancels Google Stadia port after YouTube account ban
- Epic Games’ ability to go to war with Apple stems from its financial freedom, says CEO
- Epic’s new tool promises high-fidelity human characters in under an hour
- Epic Games’ new MetaHuman Creator will let devs build hi-fi humans
- EA Sports Announces College Football Video Game Revival and Another Collegiate Athlete Persona Rights Piece of Legislation is Proposed in Congress
- “90 bugs left”: Rare devs talk about the nearly completed Goldeneye 007 remake
Jon
News of the Week; February 3, 2021
INTELLECTUAL PROPERTY
- For the Want of a Nail – Copyright Claims Fail When Plaintiffs Can’t Show Ownership
- Thomson Reuters v. ROSS case will test limits on protections for subscription-based database: ROSS Intelligence alleges monopolistic, anticompetitive control over legal research market
- Bernie and his Marvelous Mittens. It’s all Good Fun Until a Copyright Lawyer Gets Involved
- Anthropomorphized Characters Representing Human Emotions are Not Copyrightable
- Annotations that Accompany State and Local Laws are not Copyrightable
- Generalized Expressions of Scientific Facts and Generic Themes are Not Copyrightable
- Spoofs, Parodies, Compatibility, and Comparisons: When Can Competitors Borrow from Each Other?
- Music – The Scope of Protection
- The Lies Told About The EU Copyright Directive’s Upload Filters May Help Get Them Thrown Out In Court
- Japan Looks To Amend Copyright Law To Force Some Cosplayers To Pay To Cosplay
- Pitch perfect appeal for James Arthur
- Is your joint copyright work purple or red/blue?
- Mitigating Copyright Issues in Remote Learning
- Music Licensing in the Video Streaming Era
- Pocky Ruling Denies Trade Dress Protection for the Useful, Though Not Essential, Shape of Cookie
- Third Circuit Panel Revises Half-Baked Trade Dress Functionality Decision
- Please Dough Not Use My Trademark
- Much ado about ballet shoes – important designs case on copying
- The Shape of Things to… Eat
- The Federal Court of Appeal Upholds Finding that Trademark Use Can Be Established Without a Physical Presence in Canada.
- Federal Court grants interlocutory injunction in trademark action for second time in six months
- Canadian Intellectual Property Office allows requests for expedited COVID-19 medical trademarks
- Taste, Smell, Hear, Touch, and See – Appealing to All Five Senses with Non-Traditional Trademarks
- Taylor Swift in ‘Evermore’ Trademark Lawsuit Over Utah Theme Park Name
- Trademark Modernization Act Strengthens Rights of Brand Owners
- The Trademark Modernization Act: Real Change to Address the Realities of Trademark Law
- Brewery Industry Insight — A Play-on-Words Mark Prevailed
- Annual Reminder: You Can Probably Just Call The Super Bowl The Super Bowl
- A decision based on Aesthetics – UK IPO rules stylisation is enough to overcome confusion
- General Court finds no likelihood of confusion in BBQLOUMI opposition – Cypriot cheesemakers continue to struggle in EU trade mark courts
- Lady A vs. Lady A: (Trademark) Battle of the Bands
- TTAB Precedent No. 46: No Abandonment of A.W. SHUCKS
- Cannabis Trade marks and commercialisation in the US, UK and EU.
- Minimalist trademarks: end of the road for uniqueness?
- Cybersquatting trends and strategies that brand owners need to know
- Janssen’s abiraterone acetate and prednisone combination therapy patent found invalid
- When is There an “Actual Invention” Involving Computers?
- Office Actions: Options to consider when you need an extension of time to respond to the Patent Office
- Protecting innovations through patent due diligence and FTO analysis
- Data Breaches Ain’t Just About Privacy: Risking the Loss of Patent Rights by Data Breach with Subsequent Disclosure
- All Hands On Deck: Ensuring Innovation, Not Just Patents, From All
- Third Circuit Requires Patent Validity Analysis In Adjudicating Antitrust Causation
- Federal Circuit Finds Patent Infringed After Reversing Claim Construction That Violated “Grammatical Principles” to Cover All Embodiments
- Judge Hellerstein Upholds Infringement by Microsoft of Kaufman’s “And/Or” Patent
- Augmented Reality/Virtual Reality Litigation Update: Defendants’ Motion to Stay Pending IPR Denied in AR Design Innovations’ Patent Case
- Update on Patent “Aggregation” Suit Against Fortress
- Patent-Eligible Subject Matter
- Patent-Ineligible Subject Matter
- 2020 IP Law Year in Review: Patents – Executive Summary
- Snapshot: intellectual property for fashion goods in Canada
- 14 States Are Now Considering ‘Right to Repair’ Legislation
- Is there Magic in those Mushrooms? Protecting Psilocybin and Other Actives from Magic Mushrooms
- IP Litigation 2020 Year in Review
- Antitrust Remedies in Highly Regulated Industries
- 27% Of Cable TV Subscribers Will Cut The Cord This Year
- How to Watch the Super Bowl in VR With Friends for Free
- Facebook Oversight Board decisions
- Apple, Its Control Over the iPhone, The Internet, And The Metaverse
- Apple’s updated App Store guidelines clarify positions on recent controversies
- Australians May Soon Face Life Without Google
- Microsoft backs Australian law forcing Google to pay for news links
- Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian (Eric Goldman)
- TripAdvisor Doesn’t Get Early Section 230 Dismissal–Putt v. TripAdvisor (Eric Goldman)
- No, Revoking Section 230 Would Not ‘Save Democracy’
- Removing Civil Rights Law From Section 230 Will Create Many New Problems, While Failing To Fix Existing Ones
- Columbia Law Professor Spews Blatantly False Information About Section 230 In The Wall Street Journal
- No Section 230 Has Nothing To Do With Horrific NY Times Story Of Online Stalker Getting Revenge For Decades’ Old Slight
- Content Moderation At Scale Is Impossible: Google Play Bans Video Player App Over ASS File Extension Support
- YouTube’s new “Clips” feature lets users share 60-second clips of videos
- YouTube Will Let Viewers Share Custom Short Videos Cut From Creators’ Uploads And Livestreams
- Teespring Goes Live With ‘Spring’ Rebrand, Has 450,000 Creators On The Platform
- Microsoft Patent: Chatbots Made From The Online Habits Of Dead People
- Patent Issues for Factory Automation Inventions in AI
- FTC’s allegations of misuse of facial recognition
- FTC Settles with Fertility-Tracking App Developer Regarding Health Data Disclosures
- States Gear Up to Limit Use of Biometrics and Biological Data
- Valve loses controller patent case, must pay $4m in damages
- Valve on the hook for $4 million over Steam Controller patent infringement
- Level Up: 33 Legal Tips for Game Developers and Publishers
- Amazon Can Make Just About Anything—Except a Good Video Game: The company produces successful movies, TV shows, e-readers and speakers, but gaming has proven difficult to crack.
- Report: Mismanagement plagues Amazon’s struggling push into video games
- Amazon is reportedly spending nearly $500 million a year on its video game division
- Activision bans 60,000 Call of Duty: Warzone cheaters
- Goldeneye 007’s lost Xbox 360 remaster has leaked—as a full-game speedrun
- Scalpers aren’t the main reason you can’t find a new console
- Activision Patent Seeks to Improve Esport Footage Sharing For Future Titles: A patent filed by Activision looks at ways to improve the esports experience with detailed data that could enhance the way broadcasts look.
- How to protect your intellectual property in the games industry
- Tabletop Simulator devs face criticism for Google Translate-sourced translations
- Piracy: Does it matter? – People will try to steal your game in huge numbers, says Butterscotch Shenanigans’ Adam Coster — treat it as a design constraint
- EA signs multi-year license extension with UEFA to continue FIFA collaboration
- Star Wars has made $3bn for EA
- EA has made $3 billion in net bookings from just Star Wars games
- EA Sports revives college football games, but without NCAA involvement
- EA is getting back into college football without NCAA, player licenses
- Animal Crossing: New Horizons sold over 31 million copies in nine months
- Super Nintendo World Recreated in Minecraft: A Minecraft player is currently building an authentic replica of the upcoming Super Nintendo World theme park, complete with its rides and shops.
- Modded Game Boy looks like an Apple product, works as Apple TV Remote
- 25 years later, Midway’s lost “MLB Jam” arcade game has been found
- AppOnboard nets $20 million to support ‘no-code’ mobile dev platform Buildbox
- Utility Patents – What Game Developers Should Know
Jon
News of the Week; January 27, 2021
INTELLECTUAL PROPERTY
- Software-Generated “Infringement Report” Supports $262,931 in Remedies For Copyright Infringement
- Securing Copyright and Trademark Rights for Broadcasts and Promotions Related to NFL Championship Games and Super Bowl LV (55)
- Sony Music Entertainment v. Cox Communications (USDC, Virginia: January 12, 2021): Denies ISP’s post-trial motion to reduce $1 billion statutory damages award in copyright infringement action.
- The Tricky Issue of Joint Authorship in Copyright Works
- BMG, Aggressive Champion Of Copyright Enforcement, Accused Of Copyright Infringement By Jehovah’s Witnesses
- CASE-ing the Joint: The Copyright Alternative in Small-Claims Enforcement Act
- Turns Out That Brexit Means Rotting Pigs’ Heads, And Losing An EU Copyright Exception
- Finds Alleged Parody Fails on Copyright Fair Use Factors but Passes Rogers Test to Avoid Trademark Liability
- Sports data rights in 2021: the outlook
- Trademarks in 2020: Notable Canadian trademark cases and developments
- Are Trademark Injunctions Continuing their Awakening from Hibernation?
- Top 5 trademark considerations every cleantech entrepreneur should know
- Pearl Jam v Pearl Jamm
- Proud to Be an American, God Bless The USA, But Not Functioning as A Trademark
- What’s Cookin’? No Likelihood of Confusion Between Two KITCHEN Marks
- Tommy Hilfiger invalidates trademark piggybacking on its iconic flag logo
- Brizzy v. Vizzy: Molson Coors Obtains Cheers-Worthy Trademark Ruling at Fifth Circuit
- “Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms
- Trademarks and Expressive Works
- Stay A Lot More Than Six Feet From The NFL’s Trademarks! 2021 Update on Super Bowl Advertising and Promotions
- Laches and Acquiescence in Trademark Proceedings
- More ‘failure to function’ refusals in 2020
- Generic.com Terms are Not Ineligible for Registration
- Trademark Law Updates – Fees, Fraud and Injunction Presumptions
- January 2021 Trademark Update
- US Trademark Amendment Act Will Provide New Procedures for Challenging Use Claims
- UDRP on Gameroom.com: Facebook keeps its domain name
- How does Brexit affect European Trademark Rights?
- Can I keep my .eu domain name?
- Who’s on the Line?: Protecting Your Trade Secrets on Zoom Calls
- Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents
- Rothy’s v Giesswein – English Court leaves a lasting mark on EU Community design rights
- Federal Court of Appeal Cautions Against Use of Foreign Prosecution History
- Federal Court of Appeal affirms summary judgment in patent prosecutions: Court also upholds interpretation of file wrapper estoppel in precedent-setting case
- Federal Court continues trend of granting summary judgment in appropriate patent proceedings
- Federal Court upholds validity of two patents pertaining to ELIQUIS
- Non-practicing entity’s allegations of patent infringement against oil sands producer /operator dismissed
- Choueifaty patent application found to possess patentable subject-matter
- Federal Court finds silodosin formulation patent valid but not infringed
- Patent Appeal Board Allows Dosage Regimen Claims – No Physician Skill Needed
- PMPRB proposes to modify Guidelines definition of “gap medicine” to include medicines sold by July 1, 2021
- Patentee’s Success Story in a Hatch-Waxman Litigation Case
- A New Application of an Abstract Idea Is Still Abstract: Court Affirms Dismissal Under § 101
- Patentee Cannot Cure Lack of Written Description by Reference To Matter Present Only Foreign Priority Application
- Happiest Baby’s SNOO patent Rocks Baby Automatically
- Illuminating insufficiency: the English Patents Court examines “Regeneron ranges”
- Regeneron Recast – Mr Justice Birss provides illuminating insight into the law of sufficiency
- UKIPO “Green Channel” – can the patent system encourage more innovation in green technologies?
- Cannabis: Patents in Europe
- Senate Passed New Legislation to Punish Foreign Individuals and Corporations for IP Theft
- Biden administration promises hard stance against Chinese IP abuses
- Intellectual Property Issues for Foreign Enterprises Acquiring Chinese Companies
- Critical and curious terms from the world of Intellectual Property
- Top Enforcement Issues to watch in 2021
- Report calls for powerful new federal body to regulate social media
- YouTube Suspends Donald Trump Indefinitely, Demonetizes Rudy Giuliani
- This site posted every face from Parler’s Capitol Hill insurrection videos
- Insights: The Donald’s Digital Death Penalty—Deplatforming, Politics, And The Future Of Social Media
- California Appeals Court Says Section 230 Immunizes Twitter From Banned User’s Lawsuit
- Dozens Of Human Rights Group Tell Congress: Do Not Gut Section 230 On Our Behalf; It’ll Do More Harm Than Good
- Twitter is opening up its full tweet archive to academic researchers for free
- Have Social Media Companies Become Too Powerful?
- Planning to Sue Twitter Over an Account Suspension? YOU WILL LOSE–Murphy v. Twitter (Eric Goldman)
- EFF Tells Louisiana Court Satire Is Still Protected Speech Even If The Government Doesn’t Get The Joke
- Unfiltered: How YouTube’s Content ID Discourages Fair Use and Dictates What We See Online (EFF)
- Big Tech worldwide nerulation: not if, but how
- Google agrees to pay French news sites to send them traffic
- Google: We’ll shut down Australian search before we pay news sites for links
- Google Threatens To Pull Out Of Australia Entirely; Australians Demand That It Both Stay And Pay News Orgs For Giving Them Traffic
- Google takes Tilt Brush open source as official development comes to an end
- Why Red Hat killed CentOS—a CentOS board member speaks
- Antitrust and the Tech Industry
- House Republicans Have A Big Tech Plan… That Is Both Unconstitutional And Ridiculous
- How Can Conservatives Fight Back Against Big Tech? For A Start, Just Be Sane Again.
- FOSTA Survives Constitutional Challenge–US v. Martono (Eric Goldman)
- Comments on the “Protecting Constitutional Rights from Online Platform Censorship Act” (Eric Goldman)
- Content Moderation Case Study: Facebook Targets Misinformation Spread By The Philippines Government (2020)
- Content Moderation Case Study: Social Media Upstart Parler Struggles To Moderate Pornography (2020)
- Mirroring Qualifies for Section 230–Monsarrat v. Newman (Eric Goldman)
- The Number Of Channels Monetizing Via YouTube’s Partner Program Doubled In 2020, CEO Says
- TikTok Helps Push 17-Year-Old Olivia Rodrigo’s “Drivers License” To No. 1 Billboard Debut
- Valve’s Gabe Newell imagines “editing” personalities with future headsets: “Remember when Bob got hacked by Russian malware [and] ran naked through forests?”
- Research and analysis – Algorithms: How they can reduce competition and harm consumers (Competition & Markets Authority, U.K.)
- A short primer on patenting AI and machine learning inventions at the European Patent Office
- New Yorkers Receive Postmortem Rights and Protection Against Digitization of Sexually Manipulated Content in New Right of Publicity Statute
- Québec law firm files latest Nintendo Switch Joy-Con drift lawsuit: Lambert Avocat seeking compensation for all Québec consumers who bought Switch controllers since August 2017
- European Commission called to investigate into Joy-Con drift
- BEUC calls for Joy-Con Drift investigation after receiving 25,000 complaints
- Valve on trial for allegedly infringing controller patents: The Steam Controller is accused of being based on a patent belonging to SCUF
- US Court dismisses Wargaming lawsuit against former employees
- Jagex disputes Plutos Sama’s claims of ownership: RuneScape dev calls RICO lawsuit against former owner “meritless,” says it was fully acquired by Carlyle Group
- Epic’s Fortnite v Apple dispute arrives in the UK
- The Pokémon Company takes measures against Sword and Shield hackers
- The Pokemon Company is clamping down on Sword, Shield, and Home hackers
- Rovio quietly shutters game streaming service Hatch
- Games projects raised $23m on Kickstarter in 2020
Jon
News of the Week; September 20, 2021
INTELLECTUAL PROPERTY
- Foreign Certificate of Registrations of Copyright may not suffice to prove ownership of copyright in Canada
- How one musician took on the world’s biggest TV network over copyright—and won
- Ninth Circuit Panel Adopts “Asserted Truths” Doctrine in Holding Jersey Boys Musical Does Not Infringe Copyright
- INSTA-FRAUD Instagram ‘Copyright Infringement’
- Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial
- Why Software Developers Should Provide Licensees With Software Escrow Services
- Getting Your Website Ready for the New Library of Congress Copyright Claims Board
- A Short Summary of the CASE Act (Tyler Ochoa)
- Mixed reactions as copyright owners ring in 2021 with CASE Act
- In CASE You Missed It: Significant New Dispute-Resolution Process for Copyright Claims
- New Stimulus Bill Creates Small Claims Copyright Court
- Pepe the Frog
- Knobbe Practice Webinar Series – Protecting User Interface Technologies
- Celebrated graffiti artist Futura sues The North Face for its FUTURELIGHT apparel line alleging copyright and trademark infringement
- A COVID-19 fast-track for Canadian trademark applications
- Canadian Trademark Law: 2020 Year in review
- Year in Review – Key Trademark Cases from 2020
- The Case of the ‘Missing S’
- A not so EASY task after all – UKIPO finds EASY mark devoid of distinctive character
- SCOTUS Refuses To Hear Case Between Jack Daniels And VIP Products Over Doggy Chew Toy
- 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?
- Everything Old is New Again: Presumption of Irreparable Harm Restored to Third Circuit Trademark Cases Seeking Injunctive Relief
- TTAB KO’s Mayweather PAST PRESENT FUTURE Trademark Application
- 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
- Trade Mark Filings increase worldwide in 2019
- A Trademark is Not a Copyright or a Patent
- Manufacturers Must Not be Blind to Their Rights Against Counterfeiters
- Shoe design found valid and infringed in the UK Court’s last Community registered design case
- Case Study | Breach of Confidence by employees
- Litigation finance helps companies keep their cool during trade secrets disputes
- How Not to Build a Case of Trade Secret Misappropriation
- Federal Court invalidates Janssen ZYTIGA® Patent
- Federal Court decision regarding glatiramer acetate finds one patent obvious and another valid and infringed
- PM(NOC) Invalidity Grounds May Extend Beyond NOA
- Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings
- 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
- Recent Amendments to the Patented Medicines Regulations Declared Unconstitutional by Québec Superior Court
- Have any Patents Issued under the USPTO’s COVID-19 Prioritized Patent Examination Program?
- Patenting the 3D Bioprinting Innovations that Combat COVID-19
- Revenge of the Grammer Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict
- No Reasonable Expectation of Success, No Obviousness
- The China Pivot: Closing the “Back Door” to Trade Secret and IP Theft
- Rapid Rise in Blockchain Patent Filings in China
- Everyday IP – Brushing up: When were toothbrushes invented?
- UK-EU Trade Agreement and IP Rights
- Proposed University Technology Licensing Program Gets Nod from Justice Department
- Making the best of a bad year: Winning IP cases in 2020
- World Intellectual Property Indicators Report 2020
- 2020 Engineering & Technology Year in Review
- Importance of Protecting Intellectual Property in the Digital Age
- 10 things every new IP counsel should do
- English Premier League wins latest round in battle over satellite decoder cards
- YouTube Extends Trump Ban For Another Week, Citing Concerns About “Ongoing Potential For Violence”
- YouTube Removes Onision From Partner Program, Demonetizes His Channels Over Child Safety Concerns
- Inside Twitter’s Decision to Cut Off Trump
- I’m a First Amendment scholar – and I think Big Tech should be left alone
- Trump pardons engineer who copped to stealing a Google secret for Uber: Peter Thiel, Palmer Luckey, and others asked Trump to pardon Levandowski.
- Chinese Ad for Make-Up Wipes Pulled Over Charges of Sexism and Victim-Blaming
- Applying Uber v. Heller – Ontario Superior Court of Justice applies unconscionability doctrine to standard form arbitration clause
- Jonathan Zittrain on the Great Deplatforming
- 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.
- “Big Tech” under pressure – new Rules for Digital Platforms in the EU and UK
- UK government sets out final approach to regulating online harms
- Should my Will refer to Digital Assets
- Former FCC Boss Tom Wheeler Continues To Misunderstand And Misrepresent Section 230 And The Challenges Of Content Moderation
- Understanding the Controversy over Section 230
- Content Moderation Case Study: Dealing With Demands From Foreign Governments (January 2016)
- Content Moderation Case Study: Using Hashes And Scanning To Stop Cloud Storage From Being Used For Infringement (2014)
- The New Age of Content Moderation(?)
- Free Access To Academic Papers For Everyone In India: Government Proposes ‘One Nation, One Subscription’ Approach As Part Of Major Shift To Openness
- Netflix Soars Past 200 Million Subscribers, Clocked $25 Billion In Revenues Last Year
- Apple Looking To Monetize Podcasting Platform Via Subscription Service (Report)
- YouTube Adds Safety Feature Targeting Comments With External Links
- Zeros and Ones in 2021: Next Moves in the Digital Tax Debate
- Emoji Law Year-in-Review for 2020 (Eric Goldman)
- FDA Issues Artificial Intelligence/Machine Learning Action Plan
- Five highlights from FDA’s new AI device regulation Action Plan
- House of Lords liaison committee report on AI published
- “AI in the UK: No room for complacency” and no room for a separate AI regulation
- The AI Council calls for a National AI Strategy: building public trust
- Defunct Photo App Agrees to Erase Biometric Data in FTC Settlement
- FTC Settles Allegations of Deceptive Practices by Photo Storage App Provider
- FTC Takes Aim at Facial Recognition Claims in Latest Deception Settlement
- CD Projekt faces a second class-action lawsuit over Cyberpunk 2077
- CD Projekt Red exec disputes Cyberpunk 2077 demo were “almost entirely fake”
- CD Projekt vows ‘vigorous’ defense as investors launch second Cyberpunk class action
- Inside Cyberpunk 2077’s Disastrous Rollout
- Epic Games takes legal action against Apple and Google in UK
- Epic submits claims against Google and Apple to UK Competition Appeal Tribunal
- European Commission fines Valve, others $9.4 million for ‘geo-blocking’ games
- EU fines Valve and five publishers €7.8m for geo-blocking practices
- FTC Cracks Down on Mobile Gaming Middlemen Offering In-Game Rewards and Offers
- FTC reaches settlement over misleading mobile advertisements for in-game rewards, and warns of growing scrutiny towards today’s gaming gatekeepers
- FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
- Planning a Super Bowl-themed Marketing Campaign? 5 Tips for Staying In Bounds
- Nintendo blocks videos by Game & Watch hacker
- Nintendo uses copyright claims to take down Game & Watch hacking videos
- Nintendo Hates You: Gaming Giant Lobs A DMCA Nuke At Hundreds Of Fan Games
- Studios and designers: Are you sure that you own the intellectual property rights to your video games?
- GAME details efforts to prevent PS5 scalpers
- Epic Games Store exclusivity muddles Hitman 3’s legacy DLC promise on PC
- IO Interactive assures Hitman 3 players will not have to repurchase previous entries
- Middle-earth: Shadow of Mordor has lost its online features, including Vendetta missions
- InvestGame: 2020 game deals hit value of $33.6 billion across 664 transactions
- 2020 sees record US games spending at $56.9bn | US Annual Report
- Indiana Jones and the Raiders of the Blockbuster IP
- PC fan port of early Sonic games lets you zoom the camera way, way out
- Don’t Miss: Building a ‘homebrew’ video game console
Jon
News of the Week; January 13, 2021
INTELLECTUAL PROPERTY
- Eleventh Circuit Says Netflix Series Does Not Infringe Copyrighted Memoir
- Ninth Circuit Holds Dr. Seuss-Star Trek Mashup an Infringement, Not a Parody
- This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’
- Copyright Troll Richard Liebowitz Helps Protect Free Speech & Fair Use By Losing Yet Another Case
- 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.
- Copyright Royalty Board Announces SoundExchange Audits of Royalty Payments for Webcasters (Including Broadcast Simulcasts) and Other Digital Music Services
- Digital Collections: Reflections on copyright
- Copyright Office Begins Review of Changes in Satellite Television Statutory License for Carriage of Local Television Stations
- Is 2021 the year for artists to sell their music catalogues?
- Art law – Recent developments January 2021
- Use My Likeness? Over My Dead Body!
- Canadian Madrid Applications: Practice Note for Foreign Agents
- Trademark litigation: a global guide 2021 – Canada
- Louisville Courier-Journal Wins ‘Derby Pie’ Trademark Dispute
- USPTO v Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act
- The Trademark Modernization Act Establishes New Trademark Cancellation Procedures
- United States: Key considerations in parallel criminal and civil trade secrets cases
- Ten Trade Secret Resolutions to Keep for 2021 and Beyond
- Court Rejects Attempt to “Stretch” Patent Claim Language
- Watch What You Say! Prosecution History Estoppel in Canada
- Election Ballot Verification – A Patent Subject Matter Eligibility Analysis
- 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
- Patent protection in the time of COVID-19
- Why standard essential patents are now essential to you
- The Right to Repair in Massachusetts Rolls Forward
- Not Patent Misuse to License U.S. Patents in Foreign Jurisdictions for “Administrative Convenience”
- 10 Patent Prosecution, Litigation Practice Trends From 2020
- What Was Old Is New Again In IP Litigation — Thanks To Suspected Russian State-Sponsored Hack
- What Were the Top Intellectual Property Stories in 2020?
- Cloud computing: overview of IP issues
- The EU / UK Trade Agreement: Three myths busted – Intellectual property
- Ajit Pai offers mild criticism of Trump incitement, drops Section 230 plan
- In His Last Two Weeks, Ajit Pai Finally Finds A Backbone And Refuses To Move Forward With Trump’s Ridiculous 230 Attack
- Republican state lawmaker livestreamed himself in mob storming US Capitol
- Trump social media ban will feature in future antitrust hearings
- Facebook says it’s blocking posts with the phrase “stop the steal”
- More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. Google (Eric Goldman)
- A New Year, a new approach to digital regulation: the DSA and Online Harms
- Quibi’s $1.75B experiment ends with Roku acquisition for “less than $100M”
- New proposals for regulation of online platforms in Europe
- Dear Section 230 Critics: When Senators Hawley And Cruz Are Your Biggest Allies, It’s Time To Rethink
- New Op-Ed: People Who Understand Section 230 Actually Love It (Eric Goldman)
- Section 230 Year-in-Review for 2020 (Eric Goldman)
- Content Moderation Case Study: SoundCloud Combats Piracy By Giving Universal Music The Power To Remove Uploads (2014)
- Content Moderation Case Study: Yelp Attempts To Tackle Racism On Its Platform (2020)
- The Slope Gets More Slippery As You Expect Content Moderation To Happen At The Infrastructure Layer
- Everything Pundits Are Getting Wrong About This Current Moment In Content Moderation
- YouTube Turns On Post-Roll Ads By Default On All 10-Minute, Monetizing Videos
- UKIPO patent guidance updated for DABUS judgment
- Landmark artificial intelligence legislation becomes law
- Eye on AI
- An interview with Covington & Burling discussing artificial intelligence in the United States
- Twitch removes popular emote after pro player’s support for Capitol Hill mob
- Twitch pulls Pogchamp emote over link to Capitol siege supporter
- Twitch removes PogChamp emote it says was “the face of… further violence”
- Riot and Bungie file lawsuit against Destiny 2 and Valorant cheat-maker
- Riot Games and Bungie file joint lawsuit against cheatmakers
- Koei Tecmo says it will sue over bootleg Dead or Alive video
- Dangen Entertainment settles dispute with Protoculture Games
- Nintendo Appears To Be Using A Fan-Made Drawing Of Mario Without Artist’s Permission Or Credit
- EA’s hold over Star Wars games ends with Ubisoft’s open-world announcement
- Lucasfilm Games taps Ubisoft Massive to create new open-world Star Wars title
- Lucasfilm re-establishes Lucasfilm Games as home for all its gaming titles
- Star Wars games are now housed under a revived Lucasfilm Games brand
- Disney brings back the Lucasfilm Games brand for future Star Wars titles
- Bethesda lands Indiana Jones license
- Bethesda, Lucasfilm tease new Indiana Jones video game
- Lucasfilm and Ubisoft partner on Star Wars game
- Video games have replaced music as the most important aspect of youth culture
Jon
News of the Week; January 6, 2021
INTELLECTUAL PROPERTY
- The Copyright Board Begins 2021 with Less Transparency and More Potentially Dysfunctional Delays
- UK Music Rights Group Demands Payment From A Pub That Isn’t Playing Any Music Because It’s Closed Due To COVID
- U.S. Amends the Copyright Act to Establish Copyright Small Claims Tribunal
- Why You Should Be Cautious of the New Copyright Small Claims Court
- 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
- 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)
- 1925 Was an Annus Mirabilis for Culture
- Ferrari‘s Testarossa passes the “Test of Genuine Use” before CJEU
- Battle of the Bentleys: Bentley Motors loses trade mark appeal against Bentley Clothing
- USA: 25% Fee hike for Trademark Applications via Madrid Protocol
- US Trademark Modernization Act Provides New Relief to Trademark Owners
- Trademark Modernization Act of 2020 – Use It or Lose It
- What to Know About the Trademark Modernization Act of 2020
- 2H 2020 Quick Links, Part 3 (Trademarks) (Eric Goldman)
- Battle of the ballet shoes: UK court finds infringement of registered community design
- Software and Business Method Patents – How to Improve Your Chances?
- Court Interprets Purported Contour Lines in Design Patent Drawings as Claimed Features
- No Simulating Alice Requirements: Application of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter
- Twelve Cannabis Plant Patents and Counting
- Looking for a patent database? Need a little Inspire-ation?
- Patent Licensors Can Prevent Challenges to Patent Validity
- 2021 Intellectual Property Primer: Cases to Watch this Year
- Pro-Trump reporter gloats over access to fleeing Hill staffer’s computer
- Court says Uber can’t hold users to terms they probably didn’t read
- Ticketmaster admits it hacked rival company before it went out of business
- Activist hedge fund advises Intel to outsource CPU manufacturing
- 60 Minutes Episode Is Pure Misleading Moral Panic About Section 230; Blames Unrelated Issues On It
- Parler, Desperate For Attention, Pretends It Doesn’t Need Section 230
- Content Moderation Case Study: Dealing With Controversial & Sexual Fan Fiction (May 2007)
- WhatsApp gives users an ultimatum: Share data with Facebook or stop using the app
- Google and Facebook Sued for Antitrust Violations in the U.S
- Too big not to fail? Google’s antitrust woes
- European Commission Unveils Sweeping Proposals to Regulate the Digital Sector
- Regulating the Internet, at Last? The Digital Markets Act and the Digital Services Act
- Use of fake identities found deceitful in commercial email — why not elsewhere on the Internet?
- Seven Years Ago, CERN Gave Open Access A Huge Boost; Now It’s Doing The Same For Open Data
- 2H 2020 Quick Links, Part 4 (FOSTA) (Eric Goldman)
- En Banc First Circuit Will Decide Whether Government Needs a Warrant to Put Pole Camera Outside Your Home
- The Sinking City returns to stores as legal dispute over publishing rights continues
- CD Projekt gearing up for ‘vigorous action’ against investor lawsuit
- Apple removes 39,000 games from the App Store in China
- Apple removes 39,000 games from China store in biggest single-day takedown
- Microsoft calls for Xbox drift lawsuit to be handled by arbitration
- Washington ALJ Rules Video Game Developer’s Attendance at Trade Show Created Substantial Nexus
- A closer look at Raw Fury’s publishing contract
- Minecraft Earth shutting down
- Minecraft Earth is going dark at the end of June
- Saving video gaming’s source code treasures before it’s too late
- The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
- The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
- Sony Pictures Developing 3 Movies, 7 TV Shows Based On PlayStation Games
- Tenet director Christopher Nolan is ‘definitely interested’ in adapting his films into games.
Jon
News of the Week; December 30, 2020
INTELLECTUAL PROPERTY
- Ninth Circuit Provides Holiday Win to Copyright Owners with Fair Use Decision
- Neoprene Tote Bags: Watertight Not Copyright
- Corellium notches partial victory in Apple iOS copyright case
- The Man With The Tiger Tattoo Prances Forward*
- Copyright Claims Board To Be Established; Criminal Streaming Law
- Substantial similarity in copyright: It matters where you sue
- EUIPO report on online copyright infringement of film, TV and music – so what’s popular?
- 2H 2020 Quick Links, Part 1 (Copyright) (Eric Goldman)
- US Trademark and Copyright Reforms Accompany COVID-19 Relief
- A brand story: Santa and Coca-Cola
- Girl Scouts Continuing To Fight Boy Scouts Of America Over Trademarks, Branding
- Congress Passes the Trademark Modernization Act
- Avoid New Trademark Email Scams
- Brexit – Are you prepared? Pending UK Trade Mark proceedings: 3 key points to remember
- UDRP: hydroquébec.com
- Design disputes: combatting copycats with a collection of IP rights – Freddy SPA v Hugz Clothing Ltd
- Snapshot: procedure for design registration in USA
- Quebec Court finds price and revenue calculation provisions of amended PMPRB Regulations unconstitutional
- Federal Circuit Finds Video Signal Conversion Claims Patent Ineligible
- Senators Tell The USPTO To Remove The Arbitrary Obstacles Preventing Inventors (Especially Women Inventors) From Getting Patents
- Why Everyone Is Patenting Software Inventions
- Inventions behind the music: From Eddie Van Halen to Michael Jackson and beyond
- Towards a Better Patent System for Europe: The Unified Patent Court (UPC)
- Chinese Court Rules that It Can Set Patent License Terms outside China
- The Wuhan Submarine surfaces at Christmas, to be met by a Texan TRO
- Lewis Hamilton’s IP struggles highlight some important issues
- Cloud computing: A brief overview of intellectual property issues “in the cloud”
- Ninth Circuit Says Amazon Isn’t “Seller” of Marketplace Items–State Farm v. Amazon (Eric Goldman)
- Amazon still hasn’t fixed its problem with bait-and-switch reviews
- European Union Rules: Facebook Hopes Limits on Apple, Too
- Facebook Isn’t a Constructive Public Trust–Cameron Atkinson v. Facebook (Eric Goldman)
- Ushering in a new age of accountability for big tech- UK government response to Online Harms White Paper consultation
- EU turns the screw on Big Tech: The Digital Services Act Package
- Revamp image rights to fight deepfakes (Andres Guadamuz)
- When You Can’t Innovate, You Litigate: Oracle Gleefully Takes Credit For Attacks On Section 230 And Google
- House overrides Trump veto, defying demand to repeal Section 230
- McConnell introduces bill tying $2K stimulus checks to Section 230 repeal
- Mitch McConnell Using Section 230 Repeal As A Poison Pill To Avoid $2k Stimulus Checks
- Coalition Of Internet Companies Who Are Decidedly Not ‘Big Tech’ Raise Their Voices About The Importance Of Section 230
- Who’s responsible for content posted on the Internet? Section 230, explained
- Section 230 Isn’t A Subsidy; It’s A Rule Of Civil Procedure
- 2H 2020 Quick Links, Part 2 (Section 230) (Eric Goldman)
- Content Moderation Case Study: Profanity Filter Causes Problems At Paleontology Conference (October 2020)
- Content Moderation Case Study: Understanding Cultural Context To Detect Satire (2020)
- Elsevier Wants To Stop Indian Medics, Students And Academics Accessing Knowledge The Only Way Most Of Them Can Afford: Via Sci-Hub And Libgen
- TikTokers’ Collaborative ‘Ratatouille’ Musical To Star Wayne Brady, Tituss Burgess, Adam Lambert
- Apple reportedly warns devs of more app takedowns in Chinese App Store
- What makes for a good game publishing contract?
- Parents Who Gift Quest 2 to Kids Under 13 Years Old are in for an Unfortunate Surprise
Jon
News of the Week; December 23, 2020
INTELLECTUAL PROPERTY
- Fair Use Permits Newspaper to Republish Photo Taken By Drone–Castle v. Kingsport Publishing (Eric Goldman)
- Dr. Seuss/Star Trek Mash-Up Not Fair Use, Ninth Circuit Rules
- The Mystery Of The Copyright On Sherlock Holmes’ Emotions Goes Unsolved Due To Settlement
- The Copyright Office Will Not Weigh in on Philadelphia Phillies’ Copyright Dispute
- US COVID-19 relief bill would punish streaming of copyrighted content
- Congress (Once Again) Sells Out To Hollywood: Sneaks CASE Act And Felony Streaming Bill Into Government Funding Omnibus
- Senator Tillis Releases Massive Unconstitutional Plan To Reshape The Internet In Hollywood’s Image
- Congress creates new copyright court that could make trolling easier
- States can invoke sovereign immunity against claims of copyright infringement
- To Die For – New York Recognizes Publicity Rights of Deceased Performers.
- ‘Imagine’ This: John Lennon Would Have Received Post-Mortem Right to Publicity in New York
- 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.
- Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight
- Cerverceria Modelo SA de CV v Marcon.
- Lemonade Beats Deutsche Telekom In French Court Over Use Of The Color Magenta
- The Court of Appeal Adds a Few More Shades to Canada’s Grey Market
- Brand protection: A comparison of U.S. and Canadian trademark systems
- New Year, New Trademark Fees
- US trade mark costs rise and Madrid Protocol grows
- Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)–Wooster Floral v. Green Thumb (Eric Goldman)
- A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims
- 4 Mass. Trade Secret Litigation Tips From Facebook Ruling
- Court Battle Between India’s SaaS Industry Leaders Being Fought in California
- What to expect from Canada’s new examination guidelines for patentable subject matter – interview
- Secret prior art: a trap for the unwary?
- US Courts Can Compel Parties to Transfer Ownership of Foreign Patents
- BILL C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
- The Broadcasting Act Blunder, Day 19: The Misleading Comparison to the European Union (Michael Geist)
- The Broadcasting Act Blunder, Day 20: The Case Against Bill C-10 (Michael Geist)
- We Had To Pass A Law To Stop Telecom Monopolies From Charging You ‘Rental Fees’ For Things You Already Own
- FCC Commissioner Brendan Carr Again Misrepresents The Debate Over Section 230
- AT&T Pisses Off Everybody (Especially Christopher Nolan) For Launching Movies Straight To Streaming
- EU Publishes Proposal For Digital Services Act
- Google committed “antitrust evils,” colluded with Facebook, new lawsuit says
- Embarrassing: New Antitrust Suit Against Google Confuses WhatsApp Encrypted Backup Option With Giving Google A Backdoor
- Another Day, Another Antitrust Lawsuit For Google:
- Czech Search Engine Seznam Joins In the ‘Let’s Sue Google’ Fun, Seeks $417 Million in Damages
- Google, Facebook reportedly agreed to work together to fight antitrust probes
- CDT Lacks Standing to Challenge Trump’s Anti-230 Executive Order (Eric Goldman)
- Americans For Prosperity Sue Commerce Department To Find Out Who Was Influencing NTIA’s Attack On Section 230
- Trump vetoes $740B defense bill, citing “failure to terminate” Section 230
- Apparently Trump Refuses To Allow The Government To Do Anything At All Until The Open Internet Is Destroyed
- Once Again, Section 230’s Authors Feel The Need To Tell Everyone That Section 230 Is Not The Evil You Think It Is
- Content Moderation Case Studies: Copyright Claims On White Noise (2018)
- Content Moderation Case Study: Using Copyright To Take Down A Transformative Criticism Video (2019)
- Art, Technology and the Law: Capture by Paolo Cirio
- Copyright and Privacy Legal Issues Resulting from the Rising Popularity of Artificial Intelligence Use
- Where Things Stand: Update on the Digital Charter Implementation Act, 2020
- A New Antitrust Class Action Threat: Anticompetitive Invasion of Privacy
- Cyber litigation will be the new battleground in 2021
- Games Are Now Making More Than Movies And Sports Combined: Gaming sales are up to almost $180 billion per year.
- Gearbox reaches settlement with Bobby Prince over Duke Nukem music
- Jury Will Decide If Videogame Character Infringes a Wrestling Persona–GI Bro v. Call of Duty (Eric Goldman)
- Raw Fury publicly shares publishing agreement
- Read Raw Fury’s publishing terms (without signing your soul away first)
- IP licensing for games: How to profit from brand injections
- Rebecca Zamolo Launches $8 Video Subscription Service Inside Of Her Mobile Game
J0n
News of the Week; December 16, 2020
INTELLECTUAL PROPERTY
- Eve of destruction: Moral rights infringement and destroying works of art
- Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement
- 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.
- 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.
- Lego’s copyright victory against Lepin in China
- Ancestry.com Sued Over Yearbook Pic Database
- Copyright Trolling/SEO Scam, Changing The Photo Credits On Wikimedia Commons
- Is Your Company Accidentally Granting Implied Copyright Licenses?
- House Passes PACER Bill As Budget Office Says It Will Cost Less Than $1 Million A Year To Provide Free Access To Court Documents
- US House passes bill to tear down judiciary’s paywall
- APIs front and centre in age of digital interconnectivity
- Why Canadian trademark owners should consider whether international registration is right for them
- Trademarks Office to allow expedited examination for COVID-related goods and services
- The Swiss Shield: A Trademark Registration Is a Defence to Damages Even if Later Invalidated
- French Film Company Somehow Trademarks ‘Planet’, Goes After Environmental NGOs For Using The Word
- A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)–Nike v. Warren Lotas (Eric Goldman)
- Battling Bubbles: Beverage Behemoth Coors Defeats Upstart Future Proof’s Motion for a Preliminary Injunction
- Dishonest Abe? Trademark Battle erupts over THE LINCOLN PROJECT
- Trade mark rights IN THE RED!
- Owner of ‘Derby Pie’ Trademark Sues Newspaper For Using The Term, Publishing Recipe
- Tasty Trademarks: An Analysis of the Canadian Trademark Applications Covering Taste
- Trademarks: 1 registration for 107 member states and 123 territories: trinidad and tobago has joined the international trademark system
- Judge Upholds “Willful and Malicious” Trade-Secret Misappropriation Verdict in Produce Preservation Case
- Judge Rakoff Sanctions Patentee for Sharing Confidential Documents with Counsel in Overseas Trade Secret Case
- Recently Filed Lawsuit by Trinseo Highlights the Potential for the Rapid Spread of Misappropriated Trade Secrets
- Ontario Court Affirms the Enforceability of Patent No-Challenge Clauses
- Federal Circuit Compels Transfer of Ownership of Japanese Patent Applications
- Today’s No Patent Challenge Provisions in License Agreements
- What are the rules around software patents?
- The Unified patent court and unitary patent – Introduction
- Top Section 101 Patent Eligibility Stories of 2020
- The UK Supreme Court, patent infringement, and the challenges of judging IP cases: In conversation with Lord Neuberger
- World Trade Organization Considers IP Rights for Covid Vaccines
- Software development intellectual property joint ventures
- Intellectual property infringement on the rise
- The Broadcasting Act Blunder, Day 15: Mandated Confidential Data Disclosures May Keep Companies Out of Canada (Michael Geist)
- The Broadcasting Act Blunder, Day 16: Mandated Payments and a Reality Check on Guilbeault’s Billion Dollar Claim (Michael Geist)
- The Broadcasting Act Blunder, Day 17: The Uncertain Policy Directive (Michael Geist)
- The Broadcasting Act Blunder, Day 18: The USMCA Trade Threat That Could Lead to Billions in Retaliatory Tariffs (Michael Geist)
- Stupid Cable TV Retrans Feuds And Blackouts Make Their Way To Streaming TV
- Apple’s app store is an illegal monopoly, rival Cydia claims in suit
- Apple introduces privacy labels to make data mining transparent
- Digital regulation 2.0: UK and EU announce details of major reforms
- The Digital Services Act and Digital Markets Act: A new era for online regulation within Europe
- Digital platforms – let the games begin!
- US law proposal could make streaming copyrighted material a felony
- Not This Again: Senator Tillis Tries To Slide Dangerous Felony Streaming Bill Into Must Pass Government Funding Bill
- Tillis Release Details Of His Felony Streaming Bill; A Weird Gift To Hollywood At The Expense Of Taxpayers
- Reddit Buys TikTok Competitor Dubsmash, Will Integrate App’s Video Creation Tools
- EU warns that it may break up Big Tech companies
- The Peril of Persuasion in the Big Tech Age
- AZ GOP Goes Full Bullshit: Claims It took Down Violence-Inciting Tweet Over Copyright Concerns
- Facebook Testing ‘Super’, Which Lets Fans Pay To Interact With Their Favorite Creators On Stream
- Millions of videos purged from Pornhub amid crackdown on user content
- China fines Alibaba, Tencent unit under anti-monopoly laws
- Disney+ drops Andor teaser, announces gazillion other Star Wars projects
- Justice Thomas’ Anti-Section 230 Statement Doesn’t Support Reconsideration–JB v. Craigslist (Eric Goldman)
- As A Parting Shot, Tulsi Gabbard Teams Up With Paul Gosar To Introduce Yet Another Unconstitutional Attack On Section 230
- USA Today Publishes Yet Another Bogus OpEd Against 230, Completely Misrepresents The Law
- District Court Rejects CDT’s Challenge Of Trump’s Ridiculous Executive Order On Section 230
- Trump Appoints Unqualified Guy Who Hates Section 230 To Top Justice Department Role
- Smaller Internet Companies Say They’re Open To 230 Reform… To Keep Facebook From Being The Only Voice In The Room
- Lindsey Graham’s Latest Attack On Section 230: Reform It By 2023, Or We Take It Away
- Content Moderation Case Study: Facebook’s AI Continues To Struggle With Identifying Nudity (2020)
- Content Moderation Case Study: Vimeo Moderates Uploads Of ‘Commercial-Use’ Videos Using Unclear Guidelines (2009)
- Sony-Owned Anime Streamer Funimation To Buy Crunchyroll For $1.2 Billion
- Walmart Looking To Turn Salaried Employees Into Social Influencers With Nascent ‘Spotlight’ Program
- Meghan Markle, Prince Harry, And Their New Podcast Company ‘Archewell Audio’ Sign Exclusive Deal With Spotify
- Giving by Taking Away: Big Tech, Data Colonialism and the Reconfiguration of Social Good
- What’s “So” Important: Computer Fraud and Abuse Act Gets a Close Look from SCOTUS
- Nintendo Hates You: DMCA Takedowns Of Game Music Continue While Nintendo Offers No Legit Way To Listen
- GOG backtracks on Devotion re-launch hours after it was announced
- Copyright law is bricking your game console. Time to fix that
- British MPs want console scalping made illegal, call for more consumer protection
- UK Members of Parliament call for ban on bulk buying consoles
- Cyberpunk 2077’s Stream-Safe Setting Option For Its Music Failed To Keep Streamers Safe
- Publicity on the Pitch? Football Superstars vs EA Sports
- Steam breaks concurrent users record at nearly 25m
- Facebook Gaming creators have earned $50m in Stars in 2020
- Dr. Seuss gets serious about games
Jon
News of the Week; December 9, 2020
INTELLECTUAL PROPERTY
- Linking and Copyright Law in the European Union – Where do we go from here?
- Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. United Sports (Eric Goldman)
- 576 German Artists Want EU Copyright Directive Made Worse, With No Exceptions For Memes Or Mashups
- Nancy Pelosi Sells Out The Public: Agrees To Put Massive Copyright Reform In ‘Must Pass’ Spending Bill
- ACLU Tells Congress: Do Not Add Copyright Trolling Bill To Government Funding Bill
- Legendary MC5 Guitarist Wayne Kramer Doesn’t Like the Smell of Proctor & Gamble’s “Guitar Solo” Body Wash
- Taking down copycat websites and defending against cybersquatting
- GSK v Teva – The Federal Circuit’s First Look at Skinny Labels and 35 U.S.C. 271(b)
- 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.
- The Bentley Clothing and Bentley Motors trade mark dispute: Take 2
- Can a Company Own ‘Enby’? Sex Toy Company Sues Black/Trans-Owned Company for Trademark Infringement
- “Too many cooks… ‘Fit Kitchen’ trade mark infringed”
- “Naked” at the Federal Circuit
- General Liability Insurer Must Defend Trademark and Other IP Claims
- Tips When Using the Madrid Protocol to Register a Trademark in Canada
- Global brand expansion: Why Canadian trademark owners should consider whether international registration is right for them
- First Circuit Reversal Highlights Importance of Satisfying Trade Secret Definition
- Protecting trade secrets in the era of remote working
- Patent Term Extension in Canada: an Overview of Certificates of Supplemental Protection
- 2020: A year of clarity for Canadian life sciences and software patents
- Canadian Intellectual Property Office issues new guidelines for reviewing patent applications
- Federal Court of Appeal clarifies standard for granting leave in NOC cases
- 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
- Patent-Eligible Subject Matter in Biotech Should Recite More Than a “Telescope”
- Deciding Whether Your Software Is Patentable
- The UK Retains the Doctrine of Exhaustion of IP Rights After the Transition Period
- IP Litigation Quarterly Update: Q3 2020
- The Broadcasting Act Blunder, Day 11: The “Regulate Everything” Approach – Licence or Registration Required (Michael Geist)
- The Broadcasting Act Blunder, Day 12: The “Regulate Everything” Approach – The CRTC Conditions (Michael Geist)
- The Broadcasting Act Blunder, Day 13: The “Regulate Everything” Approach – Targeting Individual Services (Michael Geist)
- The Broadcasting Act Blunder, Day 14: The Risk to Canadian Ownership of Intellectual Property (Michael Geist)
- Benton Study Again Shows How ‘Open Access’ Broadband Networks Can Drive Competition, Improve Service
- The FTC, 48 Attorneys General File Antitrust Lawsuits Against Facebook
- FTC, 47 states file suits to break up Instagram and WhatsApp from Facebook
- Feds say Facebook broke US law offering permanent jobs to H-1B workers
- Open Season: FTC & 48 Attorneys General File Separate Antitrust Lawsuits Against Facebook
- The tech industry needs regulation for its systemically important companies
- Senator Tillis Is Mad That Twitter Won’t Testify About Copyright Infringement; Since When Is Twitter A Piracy Problem?
- Dead Celebrities and Digital Doppelgangers: New York Expands Its Right of Publicity Statute and Tackles Sexually Explicit Deepfakes
- It’s Meshugenah to Operate a Streaming Mixtape Site–Atlantic v. Spinrilla (Eric Goldman)
- Section 230 Protects Amazon from Manufacturer’s Ad Copy–Brodie v. Amazon (Eric Goldman)
- CRM Software Vendor Didn’t Qualify for Section 230–Tan v. Konnektive (Eric Goldman)
- Biden’s Top Tech Advisor Trots Out Dangerous Ideas For ‘Reforming’ Section 230
- Reform The DMCA? OK, But Only If It’s Done Really, Really Carefully
- 2021 predictions: increased regulation of online platforms
- Amazon Sues Social Media Influencers for Promoting Counterfeit Goods
- Amazon and U.S. IPR Center announce “Operation Fulfilled Action”
- AT&T, HBO Put Another Bullet In Antiquated Theatrical Release Windows
- Warner Bros. will release entire 2021 film slate in theaters and on HBO Max
- Georgia Court Streams Ridiculous ‘Kraken’ Lawsuit Hearing On YouTube; Then Tells People They Can’t Repost Recordings
- Federal Court System Pushes Back Against Free Access To Court Documents
- Apple’s Failure To Ensure Backwards Compatibility In Big Sur Leaves Developers Quite Sour
- Is Canada on the Brink of AI and Diagnostics Patent Rush?
- Use of patents in artificial intelligence: What does the new CIPO report say?
- Intellectual property rights to AI works: The EP proposal
- Artificial Intelligence and Creativity: Why We’re Against Copyright Protection for AI-Generated Output (Creative Commons)
- Settlement with App Developers Requires Limits on Collection and Use of Children’s Personal Information
- Bale and Ibrahimovic’s responses to FIFA 21 echoes the complications of sports person’s image rights
- Newsflash: Update on Epic Games’ dispute with Apple
- Facebook launches Black Gaming Creator Program
- Manticore bolsters Core platform with ‘creator-friendly’ Perks monetization
- Manticore announces a 50% revenue share for users of its Core game creation platform
- Facebook Launches ‘Black Gaming Creator Program’ With Monthly Pay, Other Perks
- More Than 350 Gaming Creators Hit 10 Million Subscribers In 2020, YouTube Says
Jon
News of the Week; December 2, 2020
INTELLECTUAL PROPERTY
- Nicki Minaj Safeguards the Right for Artists to Experiment with Unlicensed Work
- Skateboard Graphic Artist Sues Jack Black, Tony Hawk, and The Berrics for Copyright Infringement of Skateboard Graphic Design
- PewDiePie’s “My Heart Will Go On”: A Case Study in the DMCA and YouTube’s Copyright Dispute Process (Part I)
- Peace does not get a chance
- Supermodel Sues for Alleged Unauthorized Use of Her Likeness
- The EU Commission better get its skates on when it comes to copyright
- World’s Worst Copyright Troll, Richard Liebowitz, Suspended From Practicing Law
- ‘Tis The Season: Congress Looks To Sneak In Unconstitutional Copyright Reform Bill Into ‘Must Pass’ Spending Bill
- Circumventing technological protection measures and website blocking orders: An EU perspective
- Ferrari Wins Legal Case Against Designer Philipp Plein’s Use Of Its Supercars, But He Says It’s Not Over
- Philipp Plein Loses Court Battle Against Ferrari Over Illegal Use of Its Brand
- How the Freddy copycat fashion case opens up new options for designers
- Nevermind: Who Really Owns Nirvana’s Iconic Smiley Face Design?
- From football stadiums to railway stations…covering the bigger picture with registered designs
- When Trademarks Get Messi: Likelihood of Confusion and Leo Messi’s Big European Trademark Win
- Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc.
- AMERICAN EAGLE found to infringe EAGLE RARE trade mark in the UK
- EUIPO: What’s in the name…………… Hamilton!
- A Butler cannot be Royal!
- Minimalist trademarks: trend to follow or end of the road for uniqueness?
- The Burberry case: influencers, rappers and VIPs, watch out for improper use and associations to reputed brands
- A guide to trade mark revocation for legacy brands
- Snap Removal in Trade Secret Cases
- Risks and rewards of trade secrets in Europe
- Patenting antibody-based biologics in Canada
- Federal Circuit Confirms That “Magnetic Fuzz” Is Too Fuzzy for a Patent Claim
- Working from home — does it affect patent ownership for employee inventions?
- It’s a Date – Twitter Reply Proves Prior Art Publication Date
- Effectively using experts in IP litigation part two: practice
- (S)he´s making a list, (S)he´s checking it twice: An IP due diligence checklist for the holidays – or any time
- The Broadcasting Act Blunder, Day Six: The Beginning of the End of Canadian Broadcast Ownership and Control Requirements (Michael Geist)
- The Broadcasting Act Blunder, Day Seven: Beware Bill C-10’s Unintended Consequences (Michael Geist)
- The Broadcasting Act Blunder, Day 8: The Unnecessary Discoverability Requirements (Michael Geist)
- The Broadcasting Act Blunder, Day 9: Why Use Cross-Subsidies When the Government is Rolling Out Tech Tax Policies? (Michael Geist)
- The Broadcasting Act Blunder, Day 10: Downgrading the Role of Canadians in their Own Programming (Michael Geist)
- In the Conversion to NextGen TV, Who is Responsible for the Content of the Simulcast Streams?
- 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
- Just As #DiaperDon Starts Trending, Trump Claims That Twitter Uses ‘Fake’ Trends, Calls For ‘Termination’ Of Section 230
- Trump Promises To Defund The Entire Military, If Congress Won’t Let Him Punish The Internet For Being Mean To Him
- Trump to Congress: Repeal Section 230 or I’ll veto military funding
- White House Still Pushing To Slip Section 230 Repeal Into ‘Must Pass’ Military Spending Bill
- Congress Decides To Ignore Trump’s Ridiculous Veto Threat If Military Authorization Doesn’t Wipe Out Section 230
- New Ebook on Zeran v. AOL, the Most Important Section 230 Case (Eric Goldman)
- Cases against Facebook are reportedly coming… when FTC decides how
- The Material Conditions of Platforms: Monopolization Through Decentralization
- Content Moderation Case Study: Reclaiming A Hashtag (2020)
- As a Service | Selling to consumers using a subscription model
- Platform Regulation Should Focus on Transparency, Not Content
- New Tech Regulation for the UK? Sounds familiEUr…
- New York Passes Wide-Ranging Automatic Renewal (Subscription Model) Law
- As organizations accelerate their digital transformation initiatives, they are increasingly embracing the power, affordability and versatility of open source software.
- Choose your movies and also their endings!
- A robot’s muse: when AI creates art
- AI inventors? Why should we care?
- French Gov’t Walks Back Proposal To Make Publishing Images Of Police Officers Illegal After Massive Protests Erupt Across The Nation
- Nicalis issues DMCA against free Cave Story games
- Supercell cancels Hay Day Pop
- Supercell shutting down Hay Day Pop after less than a year
- Fortnite’s Nexus War event could expose Twitch streamers to DMCA problems
- Travis Scott reportedly grossed roughly $20m for Fortnite concert appearance
- Uri Geller retracts 20-year ban on Kadabra Pokémon trading cards
- CDPR will take down Cyberpunk 2077 streams & let’s plays aired before launch
- Video: Lessons from Sony Interactive Entertainment’s localization process
Jon