News of the Week

INTELLECTUAL PROPERTY

1. Research Libraries Tell Publishers To Drop Their Awful Lawsuit Against The Internet Archive
2. Google v. Oracle and the Future of Software Development
3. The Case of Enola Holmes
4. Estate Of Sir Arthur Conan Doyle Alleges Copyright Infringement Over Sherlock’s Emotional Awakening
5. In Copyright Case Over Photos, the Second Circuit Brings Four Critical Issues into Focus
6. Court Reconsiders Decision About Website Getting License to Embedded Photo from Instagram Terms of Use
7. S.D.N.Y Reconsiders Instagram Embedding By Mashable
8. Sinclair v. Ziff Davis, LLC: Court grants photographer’s motion to reconsider dismissal of copyright case against news site that embedded link to plaintiff’s Instagram image
9. Instagram Rolls Out Ability To Pin Three Comments To The Top Of Any Thread
10. Law firm marketing alert: Blog image violated copyright, photojournalist’s complaint says
11. Copyright, Competition, and Controversy: Press Publishers’ Right under the Copyright Directive
12. News Company’s ‘Digital Audience Director’ Fails To Understand Embedding, Issues Bogus DMCA Takedown Notices
13. Can cloud storage-portals be asked to put in place a filtering mechanism to ferret out infringing materials?
14. Not so elementary
15. Pablo Escobar Estate Sues Atlanta Restaurant
16. Sci-Hub Downloads Boost Article Citations — And Help Academic Publishers
17. Copyright Office Issues Report on DMCA Safe Harbors: Section 512 is “Unbalanced”
18. A functional shape may be protected by copyright rules the CJEU
19. Functional shapes and copyright law
20. Copyright and Trade Marks in relation to Shapes: two European Perspectives
21. Supreme Court Decision in Booking.com: Generic Domain Names Can Be Protected as Trademarks
22. US Supreme Court Holds That Adding ‘.com’ to Generic Name May Create Protectable Trademark
23. Supreme Court Clears the Way for Generic.com Trademark Registrations
24. Consumer Perception Is Key To Registration Of Generic “.com” Marks
25. Supreme Court Rules that “Booking.com” Is Eligible for Trademark Protection
26. SCOTUS Holds That ‘Generic.com’ Trademarks Like Booking.com May Be Capable of Registration
27. Supreme Court Upholds Booking.com Trademark Registration
28. Supreme Court Rejects PTO “Generic Term” Rule
29. U.S. Supreme Court Allows Booking.com to Trademark Its Domain Name
30. SCOTUS Eliminates Bright Line Rule Against Generic Term and Top Level Domain Name Trademarks
31. Generic + Generic = Protectable Trademark
32. U.S. Supreme Court rejects categorical rule that generic term plus “.com” results in a generic composite
33. Should I File for My Trademark + ‘.COM?’ It Depends
34. Supreme Court Promotes Weaponization of Generic Domain Names–USPTO v. Booking.com (Eric Goldman)
35. Manchester United Alleges Trademark Infringement through Third-Party Mods to Football Manager
36. Trademark Battle Heats Up Over Fizzy Way To Cool Down
37. Black Lives Matter in trademarks and branding
38. More Disputes Over Trademarked Area Codes. Why Is This Allowed Again?
39. Pairing Unsuccessful: Bluetooth and Fiat Denied Summary Judgment in Suit over Unauthorized Use of BLUETOOTH Marks
40. The G.O.A.T. Trademark Registration Stands, and the Goats With It
41. easyJet opposes Easy Nurse at the UKIPO
42. The General Court looks at distinctiveness of the XOXO mark
43. CJEU annuls EUIPO’s trade mark invalidation of Louis Vuitton’s Damier Azur pattern
44. Hermès: How WWII shortages led to the creation of an iconic brand
45. Prosecco celebrates a non-alcoholic win
46. ‘Nosecco’ is a no-no, says the High Court
47. A clear NO to Nosecco! High Court of Justice rejects the appeal in a new chapter in the bubble war. The protected designation of origin “Prosecco” is an obstacle to the registration of the trademark “Nosecco”
48. Trademark Enforcement Tips and Traps: Navigating Canada’s Trademark System One Year After the Major Changes
49. The protection of wine geographical indications: legislative efforts since Pliny
50. Federal Court releases decision on validity of the Amending Regulations of the Patented Medicines Regulations
51. Granting Security Interest in Patents Did Not Deprive Patent Owner of Standing to Sue for Patent Infringement
52. UK Supreme Court upholds appeal by biotech firm Kymab to revoke antibody patents held by US giant Regeneron
53. Patenting the future? Kymab prevails in the battle of the mice
54. Regeneron Patents Revoked for Claim Breadth
55. G 3/19: plants produced by essentially biological processes are excluded from patentability
56. European Patent Office did not grant a patent on concept of linking customer data with a key instead of personally identifiable information to improve privacy protection.
57. Nanotechnology patents: challenge for industrial property and its regulations
58. Crystal clear? Patenting polymorphs in Europe
59. Federal Circuit: Digital Guitar Instruction Patent Directed to an Abstract Idea
60. Federal Circuit: Common Sense May Substitute For Elements Not In The Prior Art
61. Federal Circuit Emphasizes Role of Common Sense in Obviousness Analysis
62. Patents Claiming a Range of Values, Such as Gate Sizes for Semiconductor Chips, Must Enable One of Ordinary Skill to Make and Use the Entire Claimed Range
63. Double Patenting: A comparative guide between U.S. & Canadian practice
64. Global patent strategies in the world of tech & engineering
65. Intellectual Property in the Cloud: The Patent Troll Threat
66. PODCAST: Patent Troll Litigation is on the Upswing
67. The space IP race: protection and enforcement of your orbiting assets
68. US DoJ Report Recommends Curtailing Immunity of Online Platforms for User-Generated Content
69. Protecting inventions which use Machine Learning and Artificial Intelligence
70. When your AI starts to invent: Hot topics in patenting AI-generated inventions
71. WIPO’s revised paper on IP policy and AI
72. PES loses licenses for AC Milan and Inter Milan: Unrenewed agreements will not affect eFootball PES 2020 or myClub, but likely to affect PES 2021 and other future gamesGoogle makes its Maps Platform gaming solution available for all mobile developers 
73. U.S. Patent no. 10,029,177: System and method for a videogame with a secondary metagame
74. U.S. Patent no. 10,078,410: System to locomote an entity in three dimensional space

Jon

INTELLECTUAL PROPERTY

1. Access Copyright and York University File Leave to Appeal Material in the Supreme Court of Canada (Howard Knopf)
2. Copyright Board Activity in 2020: Launch of Twitter Account and Guidelines for Economic Evidence (Howard Knopf)
3. Florida Law Will Allow College Athletes to Profit from Name, Image, and Likeness Starting Summer 2021
4. Can copyright law help Brompton ride out an IP storm?
5. Zindel v. Fox Searchlight Pictures, Inc.: Ninth Circuit reverses dismissal of copyright claims against The Shape of Water film, ruling that dismissal on pleadings was premature because additional evidence could aid.
6. The fair remuneration provisions in the new Copyright Directive
7. Copyright: Hyperlinks and the Communication to the Public Right
8. John Bolton Doesn’t Need Copyright Protection
9. Companies Issuing Bogus Copyright Claims To Hide Police Training Materials From The Public
10. Copyright Troll Richard Liebowitz Benchslapped And Sanctioned AGAIN In A Massive Filing Detailing Pages Upon Pages Of Him Lying Under Oath
11. Supreme Court says generic domains like booking.com can be trademarked
12. Prosecco People Move On From Bullying Puns Over Trademark To Bullying Portmanteau Over Trademark
13. Captain Tom Moore – a positive pandemic trade mark story
14. Vegan food fight: Does Nestlé’s Incredible Burger infringe Impossible Burger?
15. EU law on the “technical result” and “substantial value” exclusions for shape marks
16. Where Claimed Points of Novelty Have Primarily Functional Purpose, They Fail “Ornamental Design” Patentability Requirement
17. Federal Circuit Affirms Use of Common Sense for Obviousness Determination
18. Falling short of a sufficient disclosure
19. Patent claim ambiguities and their interpretations
20. Upheaval for patent law of sufficiency from the UK Supreme Court
21. Patents diary June 2020: UK Supreme Court holds Regeneron’s transgenic mice patents invalid
22. Supreme Court Decision: Regeneron v Kymab
23. Territorial licensing: “start at the end before you begin”
24. New Section 301 investigations into digital services taxes involving multiple countries
25. Millions of Americans Depend on Libraries for Internet. Now They’re Closed: From big cities to tiny towns, librarians are getting scrappy to meet the need
26. Instagram Users, Beware Of Copyright Infringement Warning You May Receive In DMs
27. Goldman Sachs Created A Font, But You Are Forbidden By Its License To Critique Goldman Sachs Using It
28. Pokemon Go Developer Niantic Wins Battle Over 3D Virtual Thematic Environment Patent
29. Sinespace dev partners with Unity to let Asset Store creators sell models in-game 
30. European retailers can no longer sell download codes for Nintendo-published titles
31. New hack runs homebrew code from DVD-R on unmodified PlayStation 2

Jon

INTELLECTUAL PROPERTY

1. Publishers Sue Internet Archive for free access to E-books
2. Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal of Makeup Artist’s Lawsuit
3. Second Circuit Avoids “Making Up” Copyright Ruling Finding Artist’s Claims Preempted
4. Copyright and memes: Drake effect, exceptions to infringement
5. Ninth Circuit Decision Solidifies the Importance of Adhering to Registration Formalities
6. Get ready to explore the boundaries of copyright on a bike before the ECJ (Case C‑833/18 (Brompton))
7. A ride towards copyright for functional designs: could the iconic Brompton folding bike enjoy copyright protection? The view from Milan
8. Copyright: Text and Data Mining – New Rules?
9. Political Campaigns and Unauthorized Music
10. Software patentability in Canada and beyond
11. Copyright Gets In The Way Of Chef Andres’ ‘Recipes For The People’; Because The DMCA Takedown System Is Still Broken
12. Cheez-It Issues A Bogus DMCA Notice To Nuke A Picture It Didn’t Like, Receives Dozens Of Offensive Images In Response
13. Copyright Filters And Takedowns Are Broken: Questlove Says YouTube Flagged Him For Playing His Own Tracks
14. Amazon and Valentino v. Kaitlyn Pan: contractual breach and counterfeiting
15. Kawhi Leonard’s Fight for the “Claw”: An Oregon Court Holds that Nike Owns the “Claw Design” Logo
16. Too vague: Prince Harry and Meghan’s trade mark application refused
17. Another blow for Meghan and Harry’s trade mark strategy? Let’s investigate…
18. Harry & Meghan’s ARCHEWELL US trade mark – not as hopeless as some reports suggest
19. Netflix Outsmarts POTUS On Space Force Trade Mark
20. Don’t Let Your Trademark Go Up In Smoke: “smoking is cool” Branding Is Prohibited Under Canada’s Cannabis Act
21. Supreme Court rules in favour of Apple on trademark debranding
22. NOKIA v Kokiya: the letters of the law
23. Restaurant Industry Insight – Registering a Descriptive Restaurant Name
24. In the company of Jedi´s
25. Unfair advantage? Burlington Arcade successful at CJEU
26. Three key differences between U.S. and Canadian patent law that can affect patent filing strategies in Canada
27. Dropbox’s Patents Invalidated for Patent-Ineligible Subject Matter
28. U.S. District Court Again Finds Patents for Updating Toolbar Without User Intervention Invalid
29. Federal Circuit: Prior Dismissal Bars Customer Lawsuits
30. Non-Infringement Need Not “Be Actually Litigated” to Invoke Kessler Doctrine
31. Non-Infringement Need Not Be “Actually Litigated” to Shield Accused Products From Infringement Liability in Subsequent Actions
32. Regeneron v Kymab and the effect of claim scope on the requirement of sufficiency of disclosure
33. Rights of patentee or general Welfare of the public: which way should the scales tilt?
34. Lifecycle of a smart idea: Patent strategy – Optimising life sciences patents
35. Aces of the skies – the patent dogfight between DJI and Autel
36. FibroGen & Astellas v Akebia & Otsuka – Lord Justice Arnold returns to the Patents Court for monster six patent trial
37. Federal Circuit Patent Update
38. Fun summer inventions and patents
39. A Brief History of Patents & Slavery In Honor of Juneteenth
40. Intellectual property in the time of COVID-19
41. Brexit: implications for holders of intellectual property rights and domain names
42. IP Post-NAFTA: What CUSMA Coming into Force Means for Canadian IP Law
43. Revised draft Guidelines operationalizing the Patented Medicines Regulations: notable changes
44. Intellectual Property – Top tips for Directors
45. Pay to Link?: Canadian Heritage Minister Guilbeault Backs Bringing the Link Tax to Canada (Michael Geist)
46. Heritage Minister raises possibility of link tax for internet companies (Michael Geist)
47. Europeans vow to pursue digital tax plans after US “provocation”
48. Jukin Media Steps In With Copyright Claim After Trump Posts Doctored Video Of Hugging Toddlers
49. Viral TikTok Video From Black Artist Kirby Prompts Pepsi To Rebrand ‘Aunt Jemima’ Products
50. Southern District Says the Post Is the Story: Paparazzo’s Cardi B snaps are fair use when it comes to lipstick and hurled shoes
51. With YouTube Music, Google is holding my speakers for ransom
52. Advertising Falls within Commercial Activity Exception to Sovereign Immunity
53. California court dismisses Magic Leap lawsuit against competitor Nreal
54. Magic Leap’s lawsuit against competitor Nreal thrown out of court: “From the beginning we’ve firmly stated that Magic Leap’s claims against Nreal are meritless,” says Nreal founder
55. Mass DMCA Takedown Requests Issued on Twitch
56. Cheeky Devils left Red-faced – High Court rejects Manchester United’s procedural request in video game case
57. Valve looks to stem tide of racist bots in Team Fortress 2: After months of inaction, Valve quietly works to “mitigate the use of new and free accounts for abusive purposes”
58. Bot mafias have wreaked havoc in World of Warcraft Classic
59. EA Sports renews exclusivity deal with La Liga for FIFA franchise: The extended deal includes a “joint commitment” to pushing further into esports
60. U.S. Patent no. 10,325,266: Rewarding classes of purchasers

Jon

INTELLECTUAL PROPERTY

1. Apple, SOCAN highlights changing role of Copyright Board, says IP professor Ariel Katz
2. Federal Court of Appeal Issues Two Decisions on the Copyright Act’s “Making Available” Right
3. I’m So Tired: IP Rights Exhaustion
4. SA Music LLC v. Amazon.com, Inc.: Court dismisses copyright claims, holding distribution of work through digital music store requires transfer or download of file containing copyright work from one computer to another.
5. A co-hop-yright clash
6. Wheely good news for product designers?
7. Brompton Bicycle – far from folded
8. Riding copyright in the right direction?
9. I want to Ride my (Brompton Folding) Bicycle
10. CJEU confirms that original functional shapes may obtain copyright protection
11. The CJEU confirms copyright can subsist in functional shapes provided they are original
12. CJEU rules that functional shapes are eligible for copyright protection, in so far as they are original works
13. CJEU on eligibility of functional shape under Copyright Law
14. Can copyright protect technical products? Brompton provides some answers
15. The Brompton Bicycle – the collapsible bike with a collapsing monopoly?
16. WIPO brings ‘poor man’s copyright’ into digital age
17. Copyright protection for Brompton’s folding bicycle? CJEU gives green light to the possibility across Europe
18. Karen Hepp v. Facebook, Inc.: Dismisses news anchor’s right of publicity claims against Facebook & others, holding exception to safe harbor based on “any law pertaining to intellectual property” does not apply.
19. Do You Like The Creepy Dolls Horror Subgenre?
20. Pablo Star Ltd. v. The Welsh Government: Court rejects Welsh government’s motion to dismiss on sovereign immunity grounds finding use of photographs in tourism ads is commercial activity without immunity.
21. Social media influencers beware: Street art is protected by copyright
22. Inaccuracies in copyright registration doom fabric designer’s big jury verdict against H&M
23. Stop Asking Marvel To Keep Cops From Wearing Masks With ‘The Punisher’ Skull On It
24. Toys “R” Us Successful in Depreciation of Goodwill Claim Against “Herbs R Us”
25. Canada: Protective Orders in Trademark Cases
26. Netflix Trumps US Armed Forces in Space Race
27. Booking.com: Does a dot.com make a brand name distinctive?
28. Yes, your product is incredible, but should you call it that?
29. The Kimono controversy: a matter of cultural awareness and risk management
30. Dissecting SkyKick
31. Supreme Court Suggests Claim Preclusion May Be Less Relevant to Trademark Cases and Questions Its Applicability to a Defense Rather than a Claim
32. A trademark tasting session to celebrate World Gin Day
33. Time to Brighton up that brand portfolio?
34. Trade marks: Don’t register them “purely as a legal weapon”
35. The Scent of a Crayon: Unique Complications with Scent and Other Non-Traditional Trademarks in Canada
36. 3M Continues to Use Lanham Act to Combat Nefarious Use of 3M Mark for N-95 Masks
37. Flag Day Greetings
38. My Big Fat Greek Lawsuits
39. Ninth Circuit Closes Lips on Confusion Claims Against Pucker Vodka
40. Flying on Red Bull’s wings
41. UK High Court issues latest decision in MERCK trademark saga
42. L’Oreal Appeals $66 Million Trade Secret Judgment
43. UK based .eu domain name owners beware – Brexit is coming
44. Southern District Of New York Grants Motion To Dismiss Patent And Trade Secret Claims, Finding Patents Ineligible Under Section 101 And That Trade Secret Claim Failed To Identify A Protectable Secret
45. Follow the Rules! Recent Changes to Canada’s Patent Procedures
46. PTAB Designates As Informative a Decision Instituting Post-Grant Review for a Design Patent Lacking Ornamentality
47. Federal Circuit Affirms Rule 12(b)(6) Dismissal Because the Patent Was Directed to the Patent-Ineligible Abstract Idea of Teaching a User to Play the Guitar
48. Encrypting/decrypting audio data with reduced latency: technical
49. PTAB Decision on Functional Language for a Camera Claim Limitation
50. Efficient use of search tools for prior art and patent searching
51. Instagram Users: Post at Your Own Risk. Your Public Content May Be Legally Sublicensed
52. Two SDNY Courts Post Opposite Conclusions on Instagram Fair Use
53. Internet Archive ends “emergency library” early to appease publishers
54. Internet Archive Closing National Emergency Library Two Weeks Early, Due To Lawsuit, Despite How Useful It’s Been
55. Algo IP: Intellectual Property in AI Datasets, Insights and Outputs – the Growing Importance of Trade Secrets
56. Deepfakes aren’t very good—nor are the tools to detect them
57. Artificial Intelligence and WIPO
58. Will Robots Replace Patent Examiners?
59. B.C. woman finds photos, videos of herself for sale online. And it’s legal
60. Own Data? Ethical Reflections on Data Ownership (Patrik Hummel, Matthias Braun, Peter Dabrock)
61. Stolen Banksy mural rediscovered in Italian farmhouse
62. Federal Court Affirms Activision’s First Amendment Rights In Using Humvees in ‘Call Of Duty’ Game
63. Nintendo issues cease-and-desist for Switch modchip installation service
64. Nintendo Cryptically Points Out That Selling ‘Animal Crossing’ Assets For Real Money Violates ToS
65. Rockstar stops hackers from spawning KKK members in Red Dead Online
66. FDA approves game marketed as a treatment for ADHD: Prescription-only device is first game-based therapy the US agency has approved for any condition
67. May I Have This Dance? Epic Games Prevails in Second Dance Emote Suit.
68. Fortnite Defeats Another Lawsuit Over Emote Dance Moves–Brantley v. Epic Games (Eric Goldman)
69. Duke Nukem and the Dangers of Acquired IP in Serial Game Development
70. Gearbox sues 3D Realms for breach of Duke Nukem acquisition contract: After original Duke Nukem composer sues Gearbox over royalties, developer brings in original IP owner
71. Manchester United sues Football Manager makers for trade mark infringement
72. The chicanery of Penguin Cretins: Valve maintains its signature silence as wayward developers code-swap games on Steam, leaving users frustrated and confused
73. Devs can now dig around in the source code for three games from Blendo Games
74. Ziggurat has acquired the BloodRayne franchise and other Majesco licenses
75. Ziggurat Interactive acquires BloodRayne and other Majesco licenses: Retro publisher working with BloodRayne dev to revive franchise
76. Twitch Looking To Give Creators More Control Over Clips After “Sudden Influx” Of Copyright Claims
77. Twitch Faces the Music: A Sudden Influx of DMCA Takedown Notices Hits Twitch
78. WWE Lawyers DMCA Tweet With Video Of Independent Wrestling Event, Probably Over A Hashtag That Promotes WWE
79. Talking Tiberium: Command & Conquer dev on LAN mode, going open source, and more
80. U.S. Patent no. 10,322,346: Interactive collectible card games with defense and offence team formations
81. U.S. Patent no. 10,322,351: Matchmaking system and method for multiplayer video games

Jon

INTELLECTUAL PROPERTY

1. Entertainment Software Assoc. v. Society Composers, (2020 FCA 100)
2. CMRRA-SODRAC Inc. v. Apple Canada Inc., (2020 FCA 101)
3. Read All About It: SDNY Rejects Newsweek’s Defenses Over Embedded Content Copyright Claims
4. Brown v. Netflix Inc.: Use of eight seconds of children’s song “Fish Sticks n’ Tater Tots” in documentary film depicting burlesque dancer in “reverse mermaid” costume was held to be transformative fair use
5. Major Publishers Sue The Internet Archive’s Digital Library Program In The Midst Of A Pandemic
6. After Taming Open Access, Academic Publishing Giants Now Seek To Assimilate The World Of Preprints
7. The Federal Court of Appeal Makes its Making Available Judgment Available: It’s Not Just About “The Vibe”
8. Access Copyright v. York University – Some Thoughts on the Federal Court of Appeal’s Judgment (Howard Knopf)
9. Judge Orders Down ‘N Out Burger Joint To Hand Over All Signage To In-N-Out, Which Has Almost No Presence In Australia
10. Unauthorized Photographs: The Rights Of The People We Capture
11. With website blocking and international treaties, copyright law evolves with the digital domain
12. Copyright: Works of artistic craftsmanship and Cofemel
13. No, California Law Review, Food Plating Does Not Deserve Copyright Protection
14. Is 3D printing a threat to the value of IP portfolios?
15. Making the best of a bad situation – Canadian trademark trends in a time of change
16. Trademarks: Specifications and bad faith
17. Supreme Court Helps Trademark Owners: Proof of “Willfulness” Is Not Required To Recover Infringer’s Profits
18. Baskin in glory: the Tiger King loses zoo to rival in trade mark battle
19. Trump Campaign Gets Parody Cartoon Taken Down Off Redbubble Over Trademark Claim On MAGA Hats
20. Infringement Action Under PM(NOC) Regulations Cannot Become Moot
21. Traditionally bred plants and animals are no longer patent eligible at the European Patent Office – what is still protectable?
22. Impact of COVID-19 on patent ecosystem
23. Design Patent Protection for Fashion
24. Joint Ownership of Patents: It Is Not Always Nice to Share
25. A Non-Precedential Case Study: Federal Circuit Says District Court Did Not Clearly Err in Holding Dosing Patent Invalid Based on Obviousness and Obviousness Type Double Patenting
26. Think Of The Kitten: A Crash Course On Section 230
27. Twitter Taking Down Trump Campaign Video Over Questionable Copyright Claim Demonstrates Why Trump Should Support Section 230
28. Section 230 Applies to Publicity Rights Claim–Hepp v. Facebook (Eric Goldman)
29. Norway Supreme Court Signs Off On Apple’s Harassment Of An Independent Repair Shop
30. YouTube Provides Rare, Robust Window Into Monetization Guidelines For Creators
31. Don Henley Tells Senators: We Must Change Copyright Law… Because The People Like TikTok?
32. Instagram and Embedding Photos – An Update and a Bombshell (?) from Instagram
33. Algo IP: Intellectual Property in Algorithms, Computer Generated Works and Computer Implemented Inventions
34. Protecting AI inventions
35. Artificial Intelligence Systems and IP
36. What if HAL could have IP rights? WIPO joins the conversation on AI and IP
37. Guelph Treasure Heirs Respond to U.S. Brief that Argued Nazi Art Theft Was a Domestic Affair
38. Ubisoft Alleges Rainbow Six Siege Infringement by Ejoy.com
39. Brantley v. Epic Games, Inc.: Trademark & related claims targeting use of “Running Man” dance move in Fortnite dismissed; claims pre-empted by Copyright Act & failure to allege protectable trademark.
40. Guinness World Records People Accidentally Claiming Copyright On Tons Of ‘Super Mario Bros.’ Speedruns
41. SimRefinery, a long lost training simuator from Maxis, has been recovered
42. A lost Maxis “Sim” game has been discovered by an Ars reader [Updated]

Jon

INTELLECTUAL PROPERTY

1. JAVEX vs. JAVELO – Federal Court of Appeal applies Vavilov to first Trademark Opposition Appeal
2. Lawsuit over online book lending could bankrupt Internet Archive
3. Italian Public Prosecutor Says Project Gutenberg’s Collection Of Public Domain Books Must Be Blocked For Copyright Infringement
4. Nothing “Fishy” About Use of Children’s Song “Fish Sticks n’ Tater Tots” in Documentary about Burlesque Dancers, Court Rules
5. Chalk this One Up to the Utilitarian Nature of a Toy Chalk Holder
6. Southern District of New York: Embedding Public Instagram Post Does Not Infringe Photographer’s Copyright
7. Leonard v Nike: Copyright in the Klaw
8. District Court Mostly Refuses To Terminate The Litigation Testing The Copyright Termination Provision
9. Protection of store layout under copyright law: the KIKO case
10. Defendant Must Prove that Copied Portion of Copyrighted Work is Unprotectable
11. Open Source Software: the Affero GPL, the ‘as a Service’ world and the CAL
12. SpaceX launch footage was taken down thanks to bogus copyright claim
13. Just As The Copyright Office Tries To Ignore The Problem Of Bad Takedowns, NBC & Disney Take Down NASA’s Public Domain Space Launch
14. Copyright Blocks Interview Of Protesters Because Marvin Gaye’s ‘Let’s Get It On’ Was Playing In The Background
15. Copyright Office Finds DCMA Tilts Away From Copyright Owners; Will Congress Act to Change That?
16. Conducting Your Way Through Music Licensing: The Most Common Issues
17. In The Midst Of A Pandemic And Widespread Unrest, Senate Republicans Think It’s Time To Use Copyright To Make The Richest Musicians Richer
18. Reversing Examining Attorney, TTAB Gives the Green Light to Color Mark Application
19. Private Prison Company Sues Netflix Over Use Of Logo In ‘Messiah’
20. Down N’ Out – Down on their luck
21. Lucky Brand Strikes Gold After SCOTUS Rejects Marcel’s Defense Preclusion Argument
22. Are GODIVA’s “Belgium 1926” Chocolates Made in Belgium?
23. Amended Patented Medicines Regulations will come into force on 1 January 2021
24. Federal Circuit: Patent Eligibility Turns on the Content – Not Length – of the Claims
25. EPO: Plants and Plant Materials Not Patentable if Exclusively Obtained by Essentially Biological Process
26. EPO does not follow the US and JEM on Patentability of Plants
27. Our Top 5 Added Matter Drafting Tips
28. The importance of IP due diligence
29. Trump Issues Executive Order Aimed at Curtailing Online Platforms’ Immunity for User Generated Content
30. Why the USMCA Locks in the Internet Platform Liability System in the U.S., Canada and Mexico (Michael Geist)
31. Court Discovers Rare and Elusive “Enforceable Browsewrap”
32. How Social Media Usage Of Popular DIY Hashtags Has Changed
33. Microsoft sacks journalists to replace them with robots: Users of the homepages of the MSN website and Edge browser will now see news stories generated by AI
34. Patent Law Alert – AI Machines Are Not Human Inventors
35. Protecting AI and machine-learning inventions
36. Scotland’s first “virtual appeal” reaffirms the value of fair comment
37. Something on Which Even Patent Litigators Can Agree: McRO v. Bandai, Inc. Clarifies the Framework for Enablement Challenges and for Enablement Defenses
38. Denuvo security software removed from Doom Eternal and Metro Exodus: Despite speculation, removal of Anti-Cheat and Anti-Tamper was not in response to performance issues
39. Denuvo’s Anti-Cheat Software Now Getting Ripped From Games At Record Speed Too
40. 30 years later, a lost Days of Thunder NES game recovered from 21 floppy disks
41. U.S. Patent no. 10,322,336: Haptic braille output for a game controller

Jon

INTELLECTUAL PROPERTY

1. Clorox v Chloretec: The Application of Vavilov in the Trademarks Context
2. Chalk One Up to the Knock-Off
3. Pencil Shaped Chalk Holder Is a Non-Copyrightable Idea
4. Led Zeppelin‘s Stairway to Heaven found not to infringe copyright in Spirit’s instrumental, Taurus
5. The Second Circuit Affirms the Dismissal of Copyright Claims against Seinfeld over Comedians in Cars Getting Coffee
6. Second Circuit Limits Copyright Damages To Three Years Preceding Suit
7. Copyright Damages Limited to Three Years Before Lawsuit Filing
8. Paparazzi Suit Victims Try Unconventional Plays
9. And the winner of the prize for best legal click bait headline from the NYT so far this year is …
10. How A Feud Among Wolf-Kink Erotica FanFic Authors Demonstrates What The Copyright Office Got Wrong In Its DMCA Report
11. Jerry Seinfeld Gets To Keep Driving Comedians In Cars Getting Coffee*
12. Justices form unique alliances in holding Georgia’s annotated code not protected by copyright; Thomas dissent presses for closer review of precedent
13. U.S. Supreme Court: States Cannot Copyright Legal Code Annotations
14. Eighth Circuit Holds Business Information Database Copyrightable, Affirming $11.2 Million Jury Verdict
15. CRS Examines IP Rights Abroad, Considers State Sovereign Immunity in Copyright Suits
16. The rental of cars fitted with radio receivers does not constitute an act of unauthorised communication of musical works to the public (case c-753/18)
17. Copyright Office Finds Aspects of the DMCA “Unbalanced” in Favor of Online Service Providers
18. Designs and copyright protection: UK drifts closer towards Europe
19. Stretching Copyright: Protecting online fitness workouts
20. Lack of evidence of non-use and confusion result in POKEWORKS trademark remaining on the register
21. Three Point Shot: Jordan’s Last Dance in Trademark Dispute Scores Big in Chinese Top Court
22. Some Brands Have All the Luck
23. US Supreme Court Rejects ‘Defense Preclusion’ in Trademark Suit
24. Supreme Court Clarifies Concept of Defense Preclusion Through Lucky Brand Trademark Battle
25. Supreme Court Rules Defense Not Barred in Subsequent Action Involving Different Trademarks, Conduct and Claims
26. Recent Federal Court Decision Reaffirms Exceptions to First Sale Doctrine for Brands Bringing Trademark Claims Against Unauthorized Resellers
27. Tax Service’s Registered Trademark’s Suggestiveness Presented Jury Question
28. Replacing Rogers Test with “Genuine Artistic Motive” Test Doesn’t Change the Finale in Dispute Over WILD AMERICA
29. The Impact of Romag Fasteners Inc. v. Fossil Inc.: Willfulness Is Not Required For An Award Of Profits In Trademark Infringement
30. What the Supreme Court’s Romag Decision means for trademark infringement and damages
31. ‘Maybe’ Is Not Enough: Foreign Business Fails to Obtain Declaratory Judgment for Potential Use of Trademark
32. Third judgement in Sky v SkyKick – Louise Foster and Sarah Darby provide some take-away thoughts
33. Tiger King Trademark Troubles
34. A Lesson From Tiger King: Corporate Separateness
35. General Court “shades” some light on 3D trademark registration
36. Can you trademark a design in the EU?
37. The Intersection of Trademarks and Open Source
38. Trademarks rocket while designs level off: UKIPO releases latest annual filings data
39. Pepper trumps Broccoli: EPO finds products produced by essentially biological processes are not patentable
40. A Dynamic Reversal by the EPO’s Enlarged Board of Appeal
41. Joint Inventorship Claim for Online Dating Patent Ends in Heartbreak, Attorneys’ Fees Award
42. Augmented Reality/Virtual Reality Litigation Update: AR Design Innovations Litigations
43. Determining the Article of Manufacture in Augmented Reality and Virtual Reality Design Patents
44. Design Patents: An Underutilized Tool for Protecting Sporting Goods
45. Rise in extended reality technology patents suggests market revival
46. Common Patent Misconceptions – Myth #3: My idea is too obvious for patenting.
47. Clarifying the patentability of medical use inventions in China
48. Intellectual Property Issue-Spotting: Common Themes in Recent Ad Campaigns
49. Federal Circuit Patent Update
50. Protecting intellectual property in the fashion industry – debunking the myths – PART ONE: copyright and patents
51. Protecting intellectual property in the fashion industry – debunking the myths – PART TWO: Unregistered Design Rights and Registered Designs
52. Protecting intellectual property in the fashion industry – debunking the myths – PART THREE: Registered and Unregistered Trade Marks
53. Copyright protection of fashion designs in Spain after Cofemel
54. Grandmother ordered to delete Facebook photos under GDPR: Woman must delete photographs of her grandchildren posted on Facebook and Pinterest without their parents’ permission, a court in the has ruled.
55. The Intersection of Artificial Intelligence, COVID-19, and Copyright
56. S-Town Podcast Lawsuit Settled – Reminder on Getting Releases from Podcast Subjects
57. Digital Media and the Right to Be Forgotten
58. Court Tells Grandma To Delete Photos Of Grandkids On Facebook For Violating The GDPR
59. Manchester United sues Sega over Football Manager trademark use: Sega and developer Sports Interactive reply that club’s name, logo have been used since 1992 “without complaint”
60. Rainbow Six: Siege clone Area F2 has been taken offline following lawsuit from Ubisoft
61. G2A confirms stolen game key sales, pays $40,000 to Factorio devs
62. G2A to pay Factorio dev $39,600 after allowing illegal game key sales
63. First Amendment May Protect Use of Trademarks As Artistic Expression: AM General LLC v. Activision Blizzard, Inc. et al.
64. U.S. Patent no. 10,315,119: Video game with concurrent processing of game-related physical objects
65. “Abstract Assertion of Breadth” Does Not Prove Non-Enablement: Patent on method of animating faces invideo games

Jon

INTELLECTUAL PROPERTY

1. A welcome and timely boost for trade secret protection in Canada
2. Fashion House Sued for Lively Snaps
3. The makeup of protection of a makeup store layout: a missed chance to apply the Cofemel decision?
4. Quaran-streaming: Music licensing and your online business
5. Copyright Making Sure That MTV Remains An Irrelevant Relic, Rather Than A Cultural Icon
6. What’s the Deal with Comedians?: Too Late for Copyright Claim against Seinfeld
7. Victory for Michael Jordan After 8-Year Chinese Trademark Battle
8. Google v Oracle: The Copyright Case of the Decade
9. IP update: recent development in EU copyright law: stim & sami v fleetmanager Sweden ab & nordisk biluthyrning ab (c-753/18)
10. Copyright As Censorship: WSJ Identifies Hundreds Of Bogus News Takedowns; People Blame Google Rather Than Copyright
11. Libraries Have Never Needed Permission To Lend Books, And The Move To Change That Is A Big Problem
12. Canadian Federal Court of Appeal applies new standard of review in appeal of registrar
13. New Nice Classification requirements – do classes matter in Canada?
14. Sussex Royal – if at first you don’t succeed…
15. What businesses need to consider before a brand (re)launch: lessons from SUSSEX ROYAL
16. Federal Circuit Holds Packaging Color Combinations Can Be Inherently Distinctive
17. The Parameters of Generic Marks: Booking.com before the Supreme Court
18. Don’t SULKA: Trademark Plaintiff Must Demonstrate Intent, Ability to Use Mark
19. No Luck Needed for Lucky Brand at the Supreme Court
20. Supreme Court Rules Lucky Brand’s Defense Not Barred Under Defense Preclusion
21. Get Lucky: U.S. Supreme Court Sides With Lucky Brand in Overturning “Defense Preclusion” Ruling
22. The Supreme Court Declines to Revamp Preclusion Law in Lucky v. Marcel Trademark Dispute
23. A Lucky Day for Lucky Brand: U.S. Supreme Court Rejects Second Circuit’s Defense Preclusion Test
24. Defense in Trademark Action Not Precluded by Failure to Raise Same Defense in Earlier Action
25. Romag Fasteners: SCOTUS Holds That Plaintiffs in Trademark Suits Need Not Show “Willful Intent” of Infringement to Recover Damages for Lost Profits
26. IP Insight: DC Comics Prevail in Trade Mark Opposition against Magic Box
27. HT Media and Hindustan Media Venture c. Brainlink International on hindustan.com: the chess game is underway
28. Gömböc: CJEU provides clarity on the protectability of 3D trade marks
29. How to bring an intermediary to justice in a domain name dispute
30. WIPO data reveals rise in international trademark applications originating from Africa
31. Focusing on Functionality, Software Claims Found Patent Eligible
32. The “Plotting” Thickens: Claims that Solve Known Problem with Known Methods Are Obvious
33. First decision under amended PMNOC Regulations: Federal Court finds Amgen’s filgrastim patent obvious
34. G 3/19 – Tomatoes and Broccoli Now Overturned
35. EPO Enlarged Board of Appeal Decision G 3/19 and the patentability of plant and animal products in Europe
36. European Patent Office denies patentability of plants and animals obtained by essentially biological processes (G 3/19 “Pepper”)
37. “Delivery Failed”: Shopping Notification Patent Lost Under § 101
38. Managing Your VR/AR IP Portfolio During Covid-19
39. Augmented Reality/Virtual Reality Patent Prosecution Update: 2020 Q1 Prosecution Statistics
40. Thinking ahead: The impact of insolvency on IP rights
41. The Associated Press Has Some Explaining To Do About Its ‘Tweeted Contract’ To Reuse Viral Content
42. Think Tank’s Posting of Substantially Cropped Photo of Heartthrob Governor Constitutes Fair Use
43. Facebook Acquires GIF Database GIPHY In Reported $400 Million Deal
44. Facebook is buying Giphy and integrating it with Instagram: Plans to integrate with Instagram and other apps
45. All your reaction GIFs now belong to Facebook, as it buys Giphy for $400M
46. Luxury and online marketplaces – the next chapter (Coty v Amazon)
47. When audio deepfakes put words in Jay-Z’s mouth, did he have a legal case?
48. Reboot Required: Artificial Intelligence System Cannot Be Named As An Inventor Under U.S. Patent Law, USPTO Says
49. USPTO Refuses to Recognize AI Inventorship, but Policy Questions Still Linger
50. Using AI to invent therapeutics: should artificial intelligence be recognised for inventive activity?
51. London’s Facial Recognition Rollout Trips Over The Pandemic As Facemasks Render The System Even More Useless
52. Nintendo sues Switch hack resellers in ongoing fight against Team Xecutor: Platform holder continues to crack down on groups enabling pirated games to run on its console
53. With new Switch-hacking tech looming, Nintendo targets retailers
54. Ubisoft suing Google and Apple for selling Rainbow Six: Siege ‘carbon copy’
55. Disney clamps down on Club Penguin clones following abuse allegations
56. Disney: If We Can’t Run Club Penguin, No One Can Run Club Penguin
57. Blizzard Takes New Stance on Custom Game IP
58. Doom Eternal reverses course, will remove kernel-level Denuvo anti-cheat
59. Valve Releases ‘Half-Life: Alyx’ Steam Workshop Tools for Making & Downloading Mods
60. King has opened up and relinquished control of the Defold game engine
61. King makes Defold engine open source: Candy Crush firm sets up Defold Foundation to handle the tech’s development going forward
62. Unreal Engine is Now Royalty-free for the First $1 Million in Revenue
63. Controller pros are dominating PC Fortnite thanks to “overpowered” aim assist
64. Ubisoft offers Assassin’s Creed: Discovery Tour modes for free for one week – Educational explorations of ancient Greece and Egypt made available to encourage learning from home
65. Minecraft has sold 200 million copies in 11 years
66. U.S. Patent no. 10,315,113: System and method for simulating gameplay of nonplayer characters distributed across networked end user devices

Jon

INTELLECTUAL PROPERTY

1. Wiseau Studio, LLC et al v Harper et al, (2020 ONSC 2504)
2. Ontario Court finds room for fair dealing in documentary on The Room
3. Intellectual Property litigation in the Federal Court
4. Second Circuit Clicks “I Agree” Affirming Website Agreement Protects Web Application from Misappropriation by Users
5. Fair Use Protects a Highly Cropped Photo–Harbus v. Manhattan Institute (Eric Goldman)
6. “I’m [Not] Yours”
7. “I’m Yours” Not Theirs: Jason Mraz Settles Dispute Over Beer Ad’s Allegedly Unauthorized Use of Performance Footage on Instagram
8. Court Of Appeals Affirms Lower Court Tossing BS ‘Comedians In Cars’ Copyright Lawsuit
9. Sixth Circuit Concurrence Fears Courts May Be Groovin’ to the Wrong Tune in Copyright Cases
10. Eleventh Circuit: Guitar Designer Wasn’t Taking a Solo
11. Second Circuit Limits Copyright Damages To Those Incurred Within Three Years Prior to Suit
12. Does copyright subsist in the Brompton Folding Bicycle?
13. Does the Cofemel decision mark the end of “artistic value”?
14. Copyright protection for fabric designs
15. Monkey Business (and Other Animal Non-Rights)
16. Copyright Troll Richard Liebowitz Has Two Separate Courts Sanction Him For His Ongoing Copyright Trolling Failures
17. Supreme Court: Willfulness Not Required for Profits Awards in Trademark Infringement Actions
18. Supreme Court Holds Trademark Infringement Does Not Require a Finding of “Willful” Infringement To Recover an Award of Profits
19. Without a Willfulness Requirement, Is the Path Clearer for Brand Owners to Pursue and Recover Trademark Damages?
20. Supreme Court clarifies rules for remedies in trademark litigation
21. Whether or not there’s a will, there’s still a way to infringers’ profits in Canadian trademark litigation
22. Trademark Law Alert – A Book Title Sometimes May Prevent Registration of the Same Term for Other Goods
23. 2(b) Prohibition On “Flag Marks” Bars Use of Flag as Part of a Mark
24. Coachella may not be cancelled – but its EU trade mark has been
25. Say It With Me Now, Australia: Beer And Wine Are Not The Same Thing, Not Even For Trademarks
26. Freedom of expression counts in trademark law
27. [Insert Yell Here]: Rapper Pitbull Receives Trademark Registration for “EEEEEEEYOOOOOO!” Sound Mark
28. NCAA Issues New Name, Image, Likeness Guidance
29. The Face(David)Off
30. Bongo’s Bingo and Bonzo Dog Doo-Dah cause IP Hoo-Hah
31. SkyKick: High Court narrows Sky’s trade mark protection and criticises the use of trade marks as a weapon
32. Justices Voice Reservations About a Bright-line Genericness Test in Booking.com
33. Can a mathematical mystery be registered as a trade mark?
34. Tiger King – Battle of the Big Cat Trade Marks
35. National Geographic Defeats Trademark Suit Over ‘Wild America’ and ‘Untamed Americas’ Claim
36. Patent Filings Doom Registered Trade Dress in Seventh Circuit
37. Combination Litigation: Recent Software Disputes at the Intersection of Trade Secret, Copyright and Patent Law
38. Federal Circuit Rules that Moving Software to the Cloud Alone Is Obvious
39. Importance of Determining Inventorship Prior to Patent Issuance
40. Patentability of Covid-19 smartphone apps at the EPO
41. Fed. Cir.: Threat of Suit Over Past Infringement Confers Standing
42. The Federal Circuit Dismisses Pfizer’s Appeal for Lack of Standing
43. Object detection in an augmented reality image: insufficiently disclosed
44. Obvious to the Bone: Teva Wins Opposition against Eli Lilly’s Patent Application Covering Osteoporosis Blockbuster FORTEO®
45. Analysis of the innovativeness of “zanubrutinib” from a patent perspective
46. Finite Methods as a Ground for Obviousness
47. The deadlock on the unified patent convention
48. Actions Speak Louder Than Words: Germany’s Highest Court tells SEP implementers that simply saying that you are willing to license is not enough, and hold-out will not be tolerated
49. The UKIPO investigates AI-powered prior art searches
50. How combining blockchain technology and AI could benefit patent analysis
51. The Inventinator: May AI “Inventors” get Patents?
52. USPTO: Artificial Intelligence Systems Cannot Legally Invent
53. Creative COVID-19 Collaborations – IP Agreements that Work
54. White House Identifies Amazon Foreign Domains as “Notorious Markets” for Counterfeit Goods
55. Federal Circuit Patent Update
56. IP Litigation Quarterly Update
57. Amazon Sued For Saying You’ve ‘Bought’ Movies That It Can Take Away From You
58. Choose your quarantine meme house: A taxonomy of the pandemic’s greatest meme hits.
59. Thomson Reuters Accuses Ross Intelligence of Using Bot to Hijack Westlaw Data: Lawsuit against San Francisco-based Ross Intelligence could outline the often adversarial coexistence of copyrights and artificial intelligence.
60. ROSS Fires Back At Thomson Reuters Over Data Case
61. Blurring the Lines: When AI Creates Art Is It Copyrightable?
62. Response to the European Commission’s White Paper on Artificial Intelligence (Elettra Bietti)
63. HRH The Duchess of Sussex v Associated Newspapers Limited [2020] EWHC 1058 (Ch)
64. Nintendo files lawsuit barrage to take down Super Mario 64 PC port
65. Gaming Emote Litigation: Battle Royale Ensues Over Fortnite Emotes with Plaintiffs Testing Different Causes of Action
66. Crytek Delays Launch of Lawsuit Against Star Citizen Devs Before Suddenly Settling
67. Tales From The Quarantine: People Are Selling ‘Animal Crossing’ Bells For Real Cash After Layoffs
68. Devs using Unreal Engine won’t owe Epic royalties on a game’s first $1 million
69. Unreal Engine is now royalty-free until a game makes a whopping $1 million
70. U.S. Patent no. 10,315, 108: Local application quick start with cloud transitioning

Jon

INTELLECTUAL PROPERTY

1. York University statement on recent court decision regarding Access Copyright
2. Supreme Court May Weigh In on the Legality of Data Scraping
3. Supreme Court Offers Guidance Regarding Eligibility of State Legislative Records for Protection Under the Copyright Act
4. Allen v. Cooper and Georgia v. Public.Resource.org: The Supreme Court Navigates the Relationship Between State Government and Federal Copyright Law
5. Jennifer Lopez sued for copyright infringement
6. Once Upon a Time: Everything was Copyrighted
7. 11th Circuit Tells Guitar Maker to Take a [Pantera] Walk on Delayed Copyright Claims
8. Ricky Martin’s “Vida” Lives On, but Plaintiff Will Get Another Shot at It
9. Hiring out cars with radios is not a “communication to the public”
10. IP in Street Arts
11. Surely Not The Equivalent Of The Mona Lisa?*
12. EU Joins In The Bullying Of South Africa For Daring To Adopt US-Style Fair Use Principles
13. IP Alert: Two Recent IP Rulings Have Far-Reaching Consequences
14. Show me the money: Supreme Court rules that trademark infringers may disgorge profits even if the law was not willfully violated
15. Supreme Court Raises the Stakes Against Unauthorized Resellers: Willfulness No Longer Required for Manufacturers to Obtain Profits in Trademark Cases
16. Court Sides With Nike And Dismisses Kawhi Leonard’s Lawsuit Over ‘Klaw’ Logo
17. Remix Culture Done Right: Wes Tank Mashes Up Dr. Seuss With Dr. Dre (And So Far The Copyright Police Have Left Him Alone)
18. Can Smells be Trademarks?
19. Ardbeg v AlbergWhisky
20. Luxury Arcade Game Win
21. Lion’s head trade mark not sufficiently distinctive for Parisian brand Pierre Balmain
22. Bentley Clothing wins trade mark battle against Bentley Motors
23. Highest EU court pours hot water on Coty v Amazon case
24. High Court disarms ‘weaponised’ TMs in landmark ruling
25. There are more things …than are dreamt of in your philosophy: Damages for infringing a revoked and unused trademark? Yes says the CJEU…
26. C‑622/18 – AR v Cooper International Spirits LLC and Others – Damages for trade mark infringement possible where trade mark revoked for non-use
27. Sky v Skykick – High Court decision
28. Skykick liable for infringement of Sky’s trade mark registrations even after they are held to be partially invalid
29. Are second hand sales use of a registered trade mark?
30. SCOTUS Livestreams Oral Arguments on BOOKING.COM Trademark Registerability
31. As Twisted as Cheese!
32. Supplementary protection for vaccines: Canada diverges from Europe
33. USPTO Reports on Examination Outcomes Post-Alice
34. U.S. Patent Office Report Shows Improving Post-Alice Patent Examination Outcomes
35. Fish Hook Claims Can’t Catch a Patent
36. Fishing for Eligibility in Murky Waters
37. Wurst Case Scenario: Sausage Tray Design Patent Found Obvious
38. An Invention That Changes the Normal Operation of a System Is Not Abstract Under § 101
39. A History of the Solar Cell, in Patents
40. Wearable Technologies and Intellectual Property: Stand Alone Software and Software as Medical Devices
41. Patent Infringement for the Public Good
42. Patents – public interest argument fails in medical devices case
43. Most number of Patent Applications filed by?
44. Patent Litigation Filings on the Increase with the COVID-19 Pandemic
45. We’re Saved! Company Claims It’s Patented ‘Containing the Spread of Disinformation’ And Will Stop COVID-19 Disinfo
46. A Sure Way to Ruin My Day: The Phrase “Enforceable Browsewrap”–HealthplanCRM v. Avmed
47. Is It Illegal to Prohibit Online Selling?: High Court has ruled on whether it is illegal for a business to restrict online selling by its retailers under competition law – Ping Europe Limited v Competition and Markets Authority
48. Ninth Circuit Revives Class Action Suit against Facebook for Selling Users’ Browsing History
49. Counter-archiving Facebook (Anat Ben-David)
50. Eko’s Tech Theft Lawsuit Against Quibi To Be Funded By New Investor Elliott Management Corp. (Report)
51. The Black Box and Japanese Discourses of the Digital (David Humphrey)
52. After the Tech-Lash: Digital Policy Priorities in the Post-Pandemic World (Michael Geist)
53. Jukebox: Introducing Jukebox, a neural net that generates music, including rudimentary singing, as raw audio in a variety of genres and artist styles. We’re releasing the model weights and code to explore the generated samples.
54. To Invent is Human: U.S. Patent and Trademark Office Rejects AI System as an Inventor
55. US patent office rules that artificial intelligence cannot be a legal inventor: Only ‘natural persons’ need apply
56. Does An Invention Discovered With Artificial Intelligence Obtain Patent Protection?
57. Ha Ha, Our New Robot Overlords Can’t Get Patents
58. USPTO denies patent application for invention by AI
59. USPTO Rules Artificial Intelligence Cannot Be Named As Inventor for Patent Application
60. Who Owns the Ink?
61. Sony says The Last of Us Part 2 leak didn’t leak from employees
62. Sony says major The Last of Us Part 2 leak didn’t come from employee
63. Video Games: What’s in for the ‘Look and Feel’?
64. Are bootleg game soundtracks damaging the industry?: The popularity of video game music clashes with its lack of availability in physical formats — we examine both sides of this complex issue
65. Fans Port Mario 64 To PC And Make It Way Better, So Of Course Nintendo Is Trying To Nuke The Project
66. Generating Game of Thrones characters in Skyrim’s character creator
67. Beyond emulation: The massive effort to reverse-engineer N64 source code
68. Roblox believes user-generated content will bring us the Metaverse
69. THQ Nordic and Koch Media trade IPs: Franchise swaps put Red Faction and Risen series closer to their original developers; Painkiller, Sacred, and more change hands
70. Cedar Lane Technologies Inc. v. Corel, Inc.
71. Finnish studio Dazzle Rocks nets $6.8 million to build social sandbox MMO
72. Dazzle Rocks raises $6.8m for new social sandbox game: Galaxy Interactive leads Series A funding for Helsinki studio
73. U.S. Patent no. 10,313,679: Systems and methods for encoder-guided adaptive-quality rendering

Jon

INTELLECTUAL PROPERTY

1. Federal Court of Appeal Deals Access Copyright Huge Blow As It Overturns York University Copyright Decision (Michael Geist)
2. The LawBytes Podcast, Episode 48: Sam Trosow and Lisa Macklem on Copyright and Fair Dealing During a Pandemic (Michael Geist)
3. Access Copyright v. York – The Next Chapter
4. Federal Court of Appeal Finds That Tariffs Certified by the Copyright Board Are Not Mandatory, and Fair Dealing Guidelines Are Not a Shield
5. Canadian Publishing Group Says France Has The Right Idea, Presses For Its Own Google Tax
6. Digital books and ownership rights in the information age
7. Too Late Blues for Guitar Maker’s Copyright Ownership Claims
8. Photographer Prods Actress Ellen Barkin With Copyright Infringement Suit
9. From Tiger King To Censorship King: Copyright Lobbyist Cheers On SLAPP Copyright Suit Featured In Tiger King
10. UNESCO Suggests COVID-19 Is A Reason To Create… Eternal Copyright
11. Fash-Shunned: Selena Gomez Sues Fashion App for $10 Million for Allegedly Using Her Name and Likeness Without Permission
12. Supreme Court Says Georgia’s ‘Official Code’ Is Public Domain — Including Annotations
13. Supreme Court rules Georgia can’t put the law behind a paywall
14. Supreme Court holds that Georgia cannot copyright the annotations to its laws
15. SCOTUS Rules No Copyright in Official Annotated State Code
16. Supreme Court says state laws aren’t copyrightable
17. Mr Worldwide’s Great American ‘Scream’ – Protection granted for Pitbull’s famous yell
18. Don’t POKE a trademark unless you have sufficient evidence to invalidate it
19. Is it a bird? Is it a plane? No, it’s an infringement of a reputable mark!
20. Battle of the ‘McGregors’ – UFC Champion loses legal battle in the EUIPO ring
21. Hugo Boss versus Hugo Boss: Lessons from Lycett’s Antics
22. Cyprus corrects halloumi trade mark mishap
23. Supreme Court Decides Romag Fasteners, Inc. v. Fossil Group, Inc.
24. US Supreme Court Rejects Willfulness Requirement for Profit Awards in Trademark Infringement Cases
25. Supreme Court Confirms Profits Remedy in Trademark Cases is Not Conditioned on Proof of Willfulness
26. High Court Rules That ‘Willful’ Trademark Infringement No Longer Required for Award of Profits
27. Supreme Court Holds Disgorgement of Profits Available Absent Willfulness, for 1125(a) Infringement
28. U.S. Supreme Court Holds That Plaintiffs Need Not Prove “Willful” Conduct to Recover Profits in Trademark Infringement Suits
29. Supreme Court: Willfulness Unnecessary for Disgorgement of Infringer’s Profits Award in Trademark Cases
30. U.S. Supreme Court Rules Trademark Infringer’s Profits at Risk in All Cases
31. Comic-Con Canceled — But Comic-Con Trademark Survives
32. Open COVID Pledge and Free Licensing Opportunities: Issues to Consider Before Accepting
33. Conversant v Apple: old tech, new tricks
34. Lawyers question need for Patent Act amendments as companies share IP during COVID crisis
35. Canadian Federal Court’s Notice of Experimental Testing is Inapplicable to Testing Conducted Prior to Litigation
36. Federal Circuit Feels the Beating of a Heart: CardioNet v. InfoBionic
37. Federal Circuit Revives Cardiac Monitoring Patent, Not Directed to an Abstract Idea
38. Federal Circuit: A Patent That Performs Computation Is Not Abstract, Is Patentable
39. Claims Directed to Improved Cardiac Monitoring Technology Are Patent Eligible Under 35 U.S.C. § 101
40. US Patent Office: Supreme Court Made Us Reject More Patents, But We’ve Now Fixed That And Are Back To Approving Bad Patents
41. Library of Congress Launches Open-Source Hip-Hop Sampling Tool: Producers will have access to the library’s vast audio collection, which dates back more than a hundred years
42. Melody makers
43. Disney Says If You Tweet #MayThe4th At It, You’re Agreeing To A Disney Terms Of Use (You’re Not)
44. Jay-Z Claims Copyright On Audio Deepfake Of Him Reciting Hamlet
45. Looking for Likes: Social Media Post Results in Unintended License to Share Photograph
46. USPTO: AI Cannot Be Named as Inventor on Patent
47. “But It’s a Photo of Me!”-Celebrities Face Legal Action for Unauthorized Use of Images on Social Media
48. Trials of Mana demo taken down after crackers use it to enable piracy
49. How Bohemia’s “almost accidental” mod support became a staple of the studio: Karel Mořický talks about the benefits and challenges of the Arma and DayZ studio’s community development efforts

Jon

INTELLECTUAL PROPERTY

1. Access Copyright v York University: York Wins re “Mandatory Tariff” and Loses re Fair Dealing Guidelines (Howard Knopf)
2. Two Montreal lawyers file application to trademark the term COVID-19
3. A Copy of a Copy of a Copy: Internet Mimesis and the Copyrightability of Memes (Elena Elmerinda Scialabba)
4. All’s Fair in Love and War . . . So What About Fair Use in the Time of Coronavirus?
5. 3M files lawsuit in Canada against firm accused of price gouging on N95 masks: Ontario company allegedly claimed a phoney affiliation with the U.S. medical-gear maker
6. Court Rules Photographer Gave Up Exclusive Copyright Licensing Rights by Posting to Instagram.
7. Instagram Terms of Use Allows Mashable to Avoid Copyright Infringement Claim for Embedded Content
8. It’s not infringing if it’s an authorized embedding
9. Kendall Jenner Sued for Posting Video of Kendall Jenner
10. Keeping Up with Copyright: Kendall Jenner Sued for Infringement over Instagram Video
11. Cortés-Ramos v. Martin-Morales, aka Ricky Martin: In copyright suit against pop singer Ricky Martin, Court dismisses based on plaintiff’s failure to plead registration with Copyright Office should be without prejudice
12. Purohit v. Legend Pictures, LLC: In suit alleging that film infringed on plaintiff’s book featuring mythological figure Krampus, court dismisses plaintiff’s claims, finding no substantial similarity between works
13. An Untimely Copyright Lawsuit About a Timeless Guitar
14. Making waves: Nike and Footlocker face challenge from the makers of ‘The Endless Summer’ film
15. Copyright protection for original clothing designs
16. Self-driving startup Zoox settles Tesla lawsuit, lays off 100 workers
17. What’s Your Type? Intellectual Property Rights In Fonts And Typefaces
18. What’s your type? Intellectual Property Rights in Fonts and Typefaces
19. Constructing a firm foundation for copyright protection
20. SCOTUS Redefines State “Piracy”
21. CJEU’s in Coty v Amazon: storing without knowledge of infringement is not itself infringement
22. Trademark infringement: Liability for counterfeit goods
23. Balmain case highlights risk of using specialised public with low distinctive character marks
24. INTA releases brand valuation report, offers blueprint to put trademark professionals at centre of conversation
25. Implementation of the E.U. “Trademark reform package” in France: the French TM Office now competent to invalidate or revoke trademark registrations
26. Trade Dress Update: Federal Circuit Holds that Multi-Colored Product Packaging Marks May Be Inherently Distinctive
27. The Federal Circuit Reconsiders the Inherent Distinctiveness of Color Marks in In re Forney
28. You can’t be blue anymore: Blame colour monopolies
29. Bad Spaniels Dog Toys — Expressive Art or Noisy Trademark Infringers?
30. Adding another dimension to your trademark portfolio: Securing registration in 3D trademarks
31. How Will SCOTUS Resolve the Circuit Split on Recovery of Profits for Trademark Infringement?
32. The impact of Brexit on the resale of software licences
33. The Simpsons Shows Precisely How One Should Handle Derivative Homage Works
34. Dog Toy Maker Wins Big in Appeal Against Jack Daniels
35. Jack Daniels Gets Chewed Up In Trademark Case Over ‘Bad Spaniels’ Doggy Chew Toy
36. Trademark Owners Can Protect Themselves from Unauthorized Distributors Price Gouging in Their Name
37. Trade Secret Litigation: Activity on the Rise
38. 3D printing — the value of patents for the future of manufacturing
39. Australia Takes Its First Baby Steps On the Road To A Right-To-Repair Law, With A Consultation About Tractors
40. IP protection in the autonomous vehicle space
41. Open COVID Pledge Rolled Out to Make Patents and Other IP Available for COVID-19 Response
42. Patents and Their Role in a COVID-19 Cure
43. Key IP Considerations in Corporate Venture Capital Transactions
44. The pursuit of balance between antitrust laws and Intellectual Property
45. EU’s proposed post-Brexit trade agreement: three key IP takeaways for life sciences
46. COVID-19 and its effects on Intellectual Property
47. Innovation’s Relationship with IP and Antitrust Laws in Times of Crisis
48. 2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising) (Eric Goldman)
49. 2H 2019 and Q1 2020 Quick Links, Part 2 (Trademarks/Keywords) (Eric Goldman)
50. 2H 2019 and Q1 2020 Quick Links, Part 3 (FOSTA/Backpage) (Eric Goldman)
51. Another Terrible Copyright Ruling on IAPs’ Liability for Users’ File-Sharing–Warner v. Charter (Eric Goldman)
52. Australia Gives Up Any Pretense: Pushes Straight Up Tax On Facebook & Google To Pay News Orgs
53. No more negotiating: new rules could finally force Google and Facebook to pay for news
54. Uber accuses Levandowski of fraud, refuses to pay $179M Google judgment
55. A Snap Shot on Inadvertent Licensing Through Social Media
56. How 3-D printing is helping the US fight medical equipment shortages and the coronavirus pandemic
57. The race to save the first draft of coronavirus history from internet oblivion: How researchers, archivists, and citizens are racing to preserve a record of we lived and changed during this strange period of history
58. Chinese Dreamwriter Decision: a Dream Come True for AI-generated Works?
59. When artificial intelligence is the inventor or creator: who claims the rights?
60. A note on artificial intelligence and intellectual property in Sweden and the EU
61. Selena Gomez suing fashion game makers for using likeness without permission
62. Selena Gomez suing Chinese mobile publisher over using her likeness: Singer says she did not agree to appear in Clothes Forever – Styling Game, decries “unsavoury” microtransactions
63. NBA 2K Avoids Tattoo Copyright Infringement in Three Ways
64. Video Game Tattoo Copyright Litigation: LeBron Scores a Slam Dunk While WWE Still Wrestling with Allegations
65. Epic Sues Game Tester Over Trade Secret Breach
66. Epic Games Dances Around Infringement Claims as Court Finds Transformative Use
67. Cooking Mama creator threatens lawsuit over “unauthorized” Switch launch
68. Gaming Emote Litigation: Battle Royale Ensues Over Fortnite Emotes with Plaintiffs Testing Different Causes of Action
69. Valve confirms code leak for two online games
70. U.S. Patent no. 10,290,142: Water surface rendering in virtual environment
71. U.S. Patent no. 10,286,328: Modular accessory for video gaming

Jon

INTELLECTUAL PROPERTY

1. Canadian Federal Court Decides Patent Action by way of Summary Trial
2. Canadian patents claiming a formulation for a medicinal ingredient may be eligible for patent term extension
3. Federal Court Considers the Availability of Certificates of Supplementary Protection for Vaccines
4. As Record Labels Still Are Demanding Mandated Filters; Facebook’s Copyright Filter Takes Down A Guy Playing Bach
5. Did the Supreme Court Just Give States License to Pirate Copyrights? Protecting Copyrights Post Allen
6. U.S. Supreme Court Confirms that States Have Sovereign Immunity from Copyright Infringement Suits–Allen v. Cooper (Eric Goldman)
7. Judge smacks down copyright suit over Instagram embedding: Ruling could provide a stronger legal basis for embedding photos and videos.
8. Court Decision Dismissing Photographer’s Lawsuit Shows Breadth of Rights Granted to Social Media and Denies Infringement Claim for Instagram Embedded Photo
9. Sinclair v. Ziff Davis, LLC
10. NY Court Tosses Lawsuit Over Street Art Depicted in Film
11. Ninth Circuit Gleefully Rejects Copyright Claims against California High School
12. Dark Horse Comes in Just at the Wire! A Music Copyright Analysis
13. Retrograde in Taurus: Ninth Circuit Upholds Judgment That Stairway to Heaven Did Not Infringe Taurus
14. VARA Lives On: A $6.75M Lesson on Respecting Moral Rights
15. Internet Archive’s National Emergency Library: Public Service or Copyright Infringement?
16. Shot on iPhone: Media Group Found to Infringe “Simple Picture,” Court Rejects Fair Use Defense
17. Update On The “Mandatory Tariff” Issue, Fair Dealing And Copyright Advocacy In Canada (Howard Knopf)
18. Photographer Unsuccessful in Copyright Case Over Use of Embedded Instagram Photo
19. Embedding Photos from Instagram – Infringement or Licensed Use?
20. Intellectual Property rights in the platform economy: A chance to rise or fall
21. The esquivalience of mountweazels protecting copyright
22. No Red Light: Fed. Circuit Opens Door for Registration of Multi-Color Product Packaging
23. Criminal sanctions for trade secret disclosure and the implementation of CUSMA
24. JaM Cellars Sues Franzia For Trademark Over ‘Jammy’, An Incredibly Common And Descriptive Term In Wines
25. Authors and publishers — which elements of a book can you protect with trade marks?
26. Planetart LLC v Photobox Ltd & Anor – Trade Mark Infringement and Passing Off in the context of mobile apps
27. The Cold Hard Fact of Arctic Cat: Actual Notice is Necessary to Protect a Damages Claim from the Cold After Unmarked Patented Goods are Sold
28. Manufacturers Refuse To Allow Hospitals To Fix Ventilators That Are The Last Hope For Many COVID-19 Patients
29. Opening Up Information In A Pandemic, Rather Than Locking It Down: The Open COVID Pledge Is Important
30. Copyright & Coronavirus: What You Need to Know
31. No Trade Dress Protection for Functional Shape and Color Scheme
32. U.S. Supreme Court Denies Review of ABPA v. Ford: Ford’s Win on Enforcing Replacement Parts Design Patents Stands
33. Are There Patent Infringement Implications of 3D Printing PPE to Help Health Care Workers in the War Against COVID-19? Yes.
34. A Patent Claim is not Indefinite Merely Because Infringement Can’t be Determined in Advance
35. “Method of Preparation” Claims Found Patent-Eligible Under §101
36. Similar Compounds at Overlapping pH’s Created Prima Facie Case of Obviousness
37. Is it possible to patent Bitcoin?
38. Belt Fastener Trade Dress Conveyed as Invalid for Being Functional
39. Patent Pooling and its Contribution to Collaborative IP Attempts at Targeting Patent Access
40. Bad Faith Required to Prevent Speech Regarding Potential Patent Infringement
41. Good Friday 2020 and a History of Easter Eggs According to a Patent
42. Recent IP Law Highlights
43. Why Is The Copyright Office Celebrating That All Our Cute Pet Photos Are Locked Up Under Copyright?
44. Happy Birthday, Statute of Anne
45. French Government Says Google Must Pay French News Agencies For Sending Traffic Their Way
46. French regulator says Google must pay news sites to send them traffic: Officials rejected Google’s plan to stop using snippets in news search results.
47. Instagram’s TOS Authorizes Third-Party Embedding of Photos–Sinclair v. Mashable (Eric Goldman)
48. Senator Tillis Angry At The Internet Archive For Helping People Read During A Pandemic; Archive Explains Why That’s Wrong
49. Computer Service Providers Face Implied Limits on CDA Immunity
50. 3D Printers Recast Virus-Weary Supply Chains
51. TikTok TikTok Boom! The ticking time bomb threat of copyright infringement claims for the burgeoning social media platform
52. IP Protection of Artificial Intelligence in Europe: Tailor-Made Solutions Required
53. When artificial intelligence is the inventor or creator: who claims the rights?
54. In a Bittersweet Victory, Second Circuit Affirms $6.75 Million in Damages to Artists for Destruction of Graffiti Art
55. In Legal Warfare Over HUMVEE Trademarks, the First Amendment Goes Beyond the Call of Duty in Dismissing AM General’s Claims
56. Judge Daniels: Video Game “Call of Duty” Is Allowed to Feature Humvees
57. Duke Nukem Goes Retro in Music Copyright Suit
58. Cooking Mama: Cookstar drama thickens as publisher asserts right to publish
59. Cooking Mama license holder threatens legal action against Cookstar publisher
60. Cooking Mama IP holder taking legal action against Cookstar publisher Planet Entertainment: Planet Entertainment responds, saying it was “fully within its rights” to publish Cookstar
61. Court Dumps Almost All Of A New York Sax Player’s Lawsuit Against Fortnite Over Use Of His ‘Likeness’
62. Epic Games Does a Victory Dance Over Dismissal of Right of Publicity, Privacy, and Trademark Claims but False Endorsement Levels Up
63. Who Owns an Athlete’s Tattoos? The Player? The Tattoo Artist? A Licensor?

Jon

INTELLECTUAL PROPERTY

1. Canada legislates the use of inventions during the pandemic
2. Amendments to the Patent Act in response to COVID-19
3. “Lightly Sketched” Characters Not Copyrightable
4. The Batmobile is Copyrightable… Your Cute and Fuzzy Characters May Not Be
5. Copyright Protection for the Selection and Arrangement of Uncopyrightable Elements: Gray v. Perry
6. Court schools overzealous copyright licensor, holding that high school choir arrangement was fair use and awarding choir defendants their attorney’s fees
7. That Coronavirus Image Is Public Domain, But That Won’t Stop Getty From Trying To Sell You A $500 License To Use It
8. Lightbulb Moment: It’s Possible to Grant an Implied Copyright Sublicense
9. Johannsongs-Publishing, Ltd. v. Rolf Lovland: Court grants summary judgment for “You Raise Me Up” finding it not similar to Icelandic song “Soknudur” excluding musicologist’s reports as unreliable and unhelpful.
10. Waite v. Universal Music Group: In class action involving termination of grants of copyrighted under U.S. Copyright Act, court finds recordings were not works made for hire that would be ineligible for termination.
11. Copyright Termination. Special Report: Two SDNY Decisions on the Same Day!
12. World’s Worst Copyright Trolling Lawyer, Richard Liebowitz, Files Lawsuit Against Ellen Barkin For Posting Photo Of Herself
13. SCOTUS Sinks the CRCA, Confirms States are Immune from Copyright Suits
14. US Supreme Court Holds Unanimously That States Cannot Be Sued for Damages in Copyright Infringement Suits
15. States Can Be Pirates: Managing Business Copyright Protections
16. Response Clothing Limited v The Edinburgh Woollen Mill Limited: The Edinburgh Woollen Mill finds itself in a stitch following infringement of copyright in wave design fabric
17. Ninth Circuit Rallies in Defense of a Parody Dog Toy–Bad Spaniels v. Jack Daniel’s
18. Southern District of New York Revisits Tiffany v. eBay in Chanel’s Lawsuit Against The RealReal
19. Court Approves Settlement Between BMI and Radio Music Licensing Committee, Though Terms Are Not Yet Public – Many Other Music Licensing Issues Still Facing the Radio Industry
20. Anti-Piracy Copyright Lawyer Decides To Abuse Trademarks To Shut Down Pirates
21. Protecting against digital trademark infringement
22. Federal Circuit Says Logos Must Be Taken Seriously in Evaluating Infringement of Design Patents
23. Bad Faith Finding Still Required to Ban Patent Infringement Accusations
24. University libraries offer online “lending” of scanned in-copyright books
25. Patents in Crisis: Is there a Solution in Sight?
26. Predictive Text Patent Troll Tries To Shake Down Wikipedia
27. Bad Idea Is Bad: Senator Sasse Wants To Give Whoever Patents COVID-19 Treatments 10 Extra Years Of Patent Protection
28. How intellectual property rights can protect automotive designs
29. Dr. Drew apologizes for being a COVID-19 denier after copyright silliness: Dr. Drew coronavirus supercut restored to YouTube after copyright takedown.
30. Dr. Drew Pinsky Played Down COVID-19, Then Tries To DMCA Away The Evidence
31. Should Your Company Grant a Free License to Your Company’s Intellectual Property in Response to the COVID-19 Emergency?
32. COVID-19 and the future of open access
33. 3D printing and IP in a pandemic
34. Corona Beer vs coronavirus: effects on the company’s brand and its response
35. Those Ex-Theranos Patents Look Really Bad; Contest Opened To Find Prior Art To Get Them Invalidated
36. No Need to Wonder Anymore: Ninth Circuit Holds Stairway to Heaven Does Not Infringe Taurus
37. The Final Revenge of Queen Anne’s Revenge: State’s Use of Photographs Is Not Piracy
38. Role of IP in the Growth of Disney
39. Sky v SkyKick: was the CJEU swayed by Sky’s well-known brand?
40. Religious Institutions v. COVID-19: Why Religious Institutions Should Think Twice Before Live Streaming
41. Supreme Court rules on balancing of copyright and fundamental rights (Sweeden)
42. CJEU: hiring out cars with radio receivers not communication to the public
43. “Don’t change the station! I like this song” – the CJEU clarifies ‘communication to the public’ (again)
44. EU Says That, No, Rental Car Companies Don’t Need To Pay A License To Rent Cars With Radios That Might Play Music
45. CJEU finds Amazon not liable for direct infringement by unwittingly stocking infringing goods being sold through its website
46. European Court of Justice Holds Amazon Not Liable for Storing Third-Party Sellers’ Infringing Products, Another Reason Why Brands Must Take Greater Control In The European Market
47. Amazon: no infringing use but online platforms still in hot water?
48. Companies are Not only Sharing IP, They are Enabling Others to Copy Their Product
49. Protecting Intellectual Property and Data if Employee Separation is Anticipated
50. The issue of confidentiality in Intellectual Property litigation
51. Social Links: Biden’s stance on CDA §230; liability for user-generated content; Twitter’s process for reviewing Trump’s tweets
52. SoundCloud now lets artists add a direct donation button to their page: To help musicians affected by the pandemic
53. Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 5
54. When Computers Invent: How the Use of Artificial Intelligence to Treat COVID-19 Highlights Novel Inventorship Issues
55. Ten Years Later—Lessons Learned from the Museum of Fine Arts Boston Kokoschka Case
56. Activision scores First Amendment victory in Humvee trademark lawsuit
57. Activision has a First Amendment right to use Humvees in Call of Duty
58. Humvee Can’t Stop Depictions of Its Vehicles in the ‘Call of Duty’ Videogame–AM General v. Activision Blizzard (Eric Goldman)
59. Tencent sues tech company for putting its games on rival cloud service without permission: League of Legends, CrossFire, and Dungeon Fighter Online allegedly made available without Tencent’s permission
60. Who owns your video game?: An issue between the NFTS and its students has raised questions about IP ownership — Sheridans’ Tim Davies is here to help
61. Pac-Man Owners Caught in Retro Game IP Maze
62. Bears Versus Yetis the Triple Town Copyright Infringement Case
63. Solid Oak Sketches, LLC v. 2K Games, Inc.
64. Copyright Defenses When a Copyright Infringement Claim Gets Under Your Skin
65. U.S. Patent no. 10,286,327: Multiplayer video game matchmaking system and methods

Jon

INTELLECTUAL PROPERTY

1. Bill C-4 Receives Royal Assent: Incoming Changes to the Intellectual Property Landscape
2. EU: infringement of software license agreement can result in an intellectual property infringement
3. The Open COVID IP Pledge
4. IP monitor: Canadian Intellectual Property Office announces further extension of deadlines in wake of pandemic
5. COVID-19: Canadian Government Can Now Use Patented Inventions to Respond to the Public Health Emergency
6. COVID-19 Emergency Response Act: Amendments to the Patent Act
7. COVID-19 and intellectual property
8. Patents Concerning Coronavirus Treatments
9. Evalve v Edwards – Review of competing public interests in grant of final injunctions
10. Florida Atlantic University Suddenly Decides Owl Tutoring’s Name Is Trademark Infringement After Over A Decade
11. Lean Trademark Strategies – For The Covid-19 Pandemic And Its Aftermath
12. A “Dark Horse” Victory for Katy Perry: Central District of California Overturns $2.8M Copyright Verdict
13. First Circuit Treads “Unchartered Waters”: Holds Copyright Sublicenses Can Be Implied
14. RIAA Realizes It Sued Charter Over A Bunch Of Songs It Doesn’t Hold The Copyrights For
15. A Snapshot From Section 101: Patent Directed to Image Cataloging Not Patent Eligible
16. A Collision of Patents, Copyrights, and Piracy on the High Seas
17. 67 Years Ago Today: Jonas Salk Announced The Polio Vaccine… And Did NOT Patent It
18. Supreme Court Holds that States are Immune from Copyright Infringement
19. GEICO Earns Victory at Intersection Between Copyright and Trade Secret Law Covering Source Code
20. Top 3 legal predictions on Copyright for 2020
21. Copyright Termination. Chapter One: What Kind of Grants Can Be Recaptured?
22. Copyright Termination. Chapter 2: When Can a Grant Be Terminated?
23. Is Your Character Entitled to Copyright Protection? The Ninth Circuit Reinforces High Bar for Copyright Protection of Characters
24. The Pirates Of Precedence, or How a Modest Copyright Case Could Affect Controversial Supreme Court Cases
25. Ninth Circuit Shows Led Zeppelin a Whole Lotta Love in ‘Stairway’ Copyright Win
26. Copyright Is Broken: COVID-19 Pandemic Revealing Just How Messed Up Our Permission-Based Culture Is
27. Permission Culture Gone Mad: Worries About Proper License For ‘Balcony Singing’ Lead Collection Society To Say It’s Okay, You Can Sing
28. I Just Took a DNA Test . . . Am I the Joint Author?
29. U.S. Supreme Court Holds Copyright Remedy Classification Act of 1990 Does Not Abrogate State Sovereign Immunity for Copyright Infringement: Allen v. Cooper
30. Judge Ramos Finds “Bad Faith” Enforcement of a Patent is Not Patent Misuse
31. Global patent law update
32. Eli Lilly and Co v Genentech Inc: issue estoppel and abuse of process in patent cases
33. Court: Violating a site’s terms of service isn’t criminal hacking
34. Levandowski says Uber must pay his $179 million judgment to Google
35. Redbox’s Terms of Use Fail (OUCH)–Wilson v. Redbox (Eric Goldman)
36. Section 230 Protects Classifying Non-Competitive Software as a Threat–Asurvio v. Malwarebytes (Eric Goldman)
37. Internet Archive offers 1.4 million copyrighted books for free online: Massive online library project is venturing into uncharted legal waters.
38. Authors fume as online library “lends” unlimited free books
39. Publishers And Authors Misguided Freakout Over Internet Archive’s Decision To Enable More Digital Book Checkouts During A Pandemic
40. Spotify and Warner Music Group renew their global licensing deal, resolve issue in India
41. Patreon, Which Had 150,000 Pre-Pandemic Creators, Sees 30,000 Sign-Ups In March Alone
42. Neural implants plus AI turn sentence-length thoughts to text
43. The benefits of Artificial Intelligence in the field of IP
44. Vancouver studio uses 3D printers to make face shields for hospital workers
45. The ‘human canvas’ livestreams from Tasmanian museum
46. ‘NBA 2K’ Publisher Beats Copyright Suit Over LeBron James’ Tattoos: In a landmark decision on the tatto a federal judge rules that Take-Two’s depiction was de minimus and that an implied license was granted.
47. Judge Swain: Depicting NBA Players’ Tattoos in Video Game Is “Fair Use”
48. Court Manages To Get NBA2K Tattoo Copyright, Trademark Case Exactly Right
49. Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. 2K Games (Eric Goldman)
50. Videogame Can Replicate Musician’s “Signature Move” (Unless It’s a False Endorsement, Which It Isn’t)–Pellegrino v. Epic Games (Eric Goldman)
51. US court dismisses Humvee trademark infringement suit against Activision: New York judge rules that use of Humvees in Call of Duty is protected as artistic expression
52. Gamevice brings yet another accusation of Nintendo patent infringement: This is the peripherals manufacturer’s third attempt at such a complaint
53. How SNES emulators got a few pixels from complete perfection
54. U.S. Patent no. 10,286,326: Soft reservation system and method for multiplayer video games

Jon

INTELLECTUAL PROPERTY

1. Awful, Awful People Keep Trying To Trademark COVID And Coronavirus
2. The Utility of Recent Force Majeure Amendments to Canadian Trademark Law
3. Federal Court of Appeal remands Remicade new use patent decision on anticipation and obviousness
4. (Trade)mark America Great Again: Should Political Slogans Be Able to Receive Trademark Protection? (Katherine Kerrick)
5. Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v. Courier Journal (Eric Goldman)
6. Supreme Court Decides North Carolina Is Immune from Filmmaker’s Copyright Suit
7. Surprise: Judge Throws Out Jury’s Awful Copyright Infringement Decision Over Katy Perry Song
8. Supreme Court rules states are immune from copyright law
9. States Cannot be Sued for Copyright Infringement Says the Supreme Court
10. SCOTUS Strikes Down Law Abrogating Sovereign Immunity to States for Copyright Infringement
11. North Carolina Won’t Be Walking the Plank: Supreme Court Finds State is No Copyright Pirate in Blackbeard Ruling
12. U.S. Supreme Court Rules That Sovereign Immunity Shields States From Copyright Suits
13. Supreme Court Rules That States Cannot be Sued for Copyright Infringement, For Now…
14. Brompton bike case unfolds as AG’s opinion indicates no copyright infringement
15. A casual snapshot can make for a valuable copyright
16. Responding to COVID-19 | Global intellectual property update
17. COVID-19 and trademark-driven scams
18. Judge Woods Finds Dating App Patent Doesn’t “Match Up” With Section 101
19. Federal Circuit Adds “Method of Preparation” Claims to Bucket List of Claim Types that May Elude the Dreaded US 101 Invalidity Finding
20. An Improved Step in a Diagnostic Method is Patentable Subject Matter
21. Everyone’s Got A Pet Project: Patent Maximalist Says We Need Longer Patents To Incentivize Coronavirus Vaccines
22. RIP to the Australian innovation patent
23. ‘Upload filters’ and human rights: implementing Article 17 of the Directive on Copyright in the Digital Single Market
24. Double Blow To The EU’s Long-Delayed Unified Patent Court, But Supporters Unlikely To Give Up
25. Former Google engineer pleads guilty to stealing confidential document
26. ‘A worldwide hackathon’: Hospitals turn to crowdsourcing and 3D printing amid equipment shortages
27. Artificial Intelligence: Can a machine be an inventor?
28. Google v CNIL – an update on the right to be forgotten
29. Judge To Art Licensing Agency: No, Your Stupid Unicorn Is Not More Important Than COVID-19 Right Now, Shut Up
30. No Fun and Games: Blizzard Alleges Infringement by JoyFun Inc.
31. High Fashion Invades Runeterra – Fascinating IP Issues in the Collaboration Between League of Legends and Louis Vuitton
32. Nintendo presses Sony to remove Mario creations from Dreams: Sony confirms ongoing case-by-case purge of Nintendo IP from creation game
33. Nintendo Gets ‘Dreams’ Mario Taken Down Because Of Course It Did
34. Mods that cut VR from Half-Life: Alyx will only show how vital its VR is, says Valve
35. U.S. Patent no. 10,286,323: Dynamic difficulty adjustment

Jon

INTELLECTUAL PROPERTY

1. Volunteers 3D-Print Unobtainable $11,000 Valve For $1 To Keep Covid-19 Patients Alive; Original Manufacturer Threatens To Sue
2. Industry Committee Recommends Adding Digital Lock Exception to USMCA Copyright Provisions (Michael Geist)
3. False Start for Paparazzi in Copyright Suit
4. Cruz v. Cox Media Group: District court holds Cox Media Group liable for copyright infringement due to publication of bystander’s photograph of 2017 terrorist attack in conjunction with news story, finding no fair use.
5. LinkedIn Appeals Important CFAA Ruling Regarding Scraping Public Info Just As Concerns Raised About Clearview
6. After A Long Climb, Led Zeppelin Prevails In The Stairway To Heaven Copyright Battle
7. Is “This Land is Your Land” in the Public Domain?
8. The Freewheeling, Copyright-Infringing World of Custom-Printed Tees: Print-on-demand companies allow anyone to upload designs for T-shirts, mugs & other items. But many images violate I.P. rights.
9. Cofemel decision applied for the first time by UK court
10. The Philadelphia Phillies Are Phighting for Their Rights to the Phanatic
11. March Madness Trademarks: Avoiding a Foul Call from the NCAA (2020 Update – Part 1)
12. March Madness Trademarks: Avoiding a Foul Call from the NCAA (2020 Update)(Part 2 – Even if the Tournament is Off)
13. Google’s Servers Hosted by Third Parties Do Not Establish Patent Venue
14. Failure to Mark Can Put Damages Underwater
15. Protecting Trade Secrets During a Pandemic
16. Natural Language Processing
17. Former Refrigerator Manufacturer Says Companies Using Open Source, Royalty-Free Video Technology Must Pay To License 2,000 Patents
18. Patent Marking – Federal Circuit Clarifies Noncompliance is not Cured by Ceasing to Sell Products or by Willful Infringement
19. 2020: A Busy Year for CRISPR Patents at the EPO
20. Firm wielding Theranos patents asks judge to block coronavirus test [Updated]
21. After Theranos suit, Fortress makes patents available on royalty-free basis for COVID-19 tests
22. Softbank-Owned Patent Troll Now Promises To Grant Royalty-Free License For Covid-19 Tests; Details Lacking
23. True or false: testing limits of comparative advertising
24. Patent-Eligible Improvements to Computer Functionality Must Be Directed to an Improvement of the Computer or Network Platform
25. Claims Using Naturally-Occurring Phenomenon in Method of Preparation Found Patent Eligible
26. Choosing Advocacy over Candor Renders Patent Unenforceable
27. Unitary Patent and Unified Patent Court – Is it all over or is there a Plan B?
28. The Growing Importance of International Arbitration for Intellectual Property Disputes
29. Intellectual property law: a year in review
30. As Congress Explore New Awful Copyright Plans, Maximalists Look To Rewrite The History Of SOPA/PIPA
31. SoftBank Owned Patent Troll, Using Monkey Selfie Law Firm, Sues To Block Covid-19 Testing, Using Theranos Patents
32. Facebook unleashes the legal hounds against deceptive web domain names
33. The challenges of Artificial Intelligence in the field of IP
34. Who owns AI creations? Comment on WIPO’s ‘Draft Issues Paper on Intellectual Property and Artificial Intelligence’ (Guido Noto La Diega)
35. Identifying the Legal and Business Risks of Disinformation and Deepfakes: What Every Business Needs to Know
36. Board finds that Nintendo Joy-Cons don’t infringe on Gamevice controller patents
37. Nintendo wins patent dispute against Gamevice: Patent Trial and Appeal Board invalidates all 19 of mobile accessories maker’s claims against platform holder
38. Ittle Dew 2+ returns to Nintendo Switch: Former publisher Nicalis denies allegations it attempted to re-publish title without permission
39. U.S. Patent no. 10,286,314: System and method for providing continuous gameplay in a multiplayer video game through an unbounded gameplay session

Jon

INTELLECTUAL PROPERTY

1. How Explaining Copyright Broke the YouTube Copyright System
2. NYU Law School’s Video Teaching Copyright Completely Flummoxed YouTube’s Copyright Filters
3. Protective Orders Alive and Well in Canadian IP Litigation: The Federal Court of Appeal has recently put to rest concerns about the availability of “protective orders” in IP litigation.
4. Managing Canadian Trademark Applications Under CIPO’s New Restrictions on Extensions of Time
5. Led Zeppelin wins latest battle in Stairway to Heaven legal fight
6. 9th Circuit Gets It Right: Says Led Zeppelin Didn’t Infringe; Dumps Dumb ‘Inverse Ratio’ Rule
7. Ninth Circuit Affirms Non-Infringement Judgment for Led Zeppelin’s Stairway to Heaven
8. Skidmore v. Led Zeppelin: 9th Cir. reinstates jury verdict that Stairway to Heaven did not infringe copyright to song Taurus, ruling that sound recordings of Taurus were properly excluded at trial.
9. Ninth Circuit Watch: En Banc Court Overturns Rule That a High Degree of Access to Copyrighted Material Reduces Plaintiff’s Burden to Show Substantial Similarity
10. Fantasies About a Formula for Fair Use
11. Augmented Reality/Virtual Reality Litigation Update: Virtual Immersion Technologies Litigations
12. Hugo Boss – aka comedian Joe Lycett – takes on Hugo Boss
13. In New 5Pointz Decision, Second Circuit Concludes That VARA Trumps The Constitution
14. Street artists spray paint legal victory across walls
15. No success for Questor in its quest for an injunction
16. NFL Gets Shopify To Take Down Clear NY Jets Parody Merch Site With Trademark Complaint
17. A Bite in the Apple: Apple Inc. v. California Institute of Technology, Appeal Nos. 2019-1580, -1581 (Fed. Cir., March 5, 2020)
18. Gender inequality — How many patent offices does it take to fix a leaky pipeline?
19. It might be good enough to eat, but is your product good enough to protect?
20. Software Can Make Non-Abstract Improvements to Computer Technology Just as Hardware Can (But Didn’t Here)
21. Haptic feedback assisted text manipulation: technical
22. UK opts out of Unified Patent Court regime
23. UK will not be part of the Unified Patent Court or Unitary Patent system
24. Will I be able to enforce my European intellectual property rights in the UK?
25. Key Estate Planning Considerations for Individuals with Intellectual Property (Part III: Patents)
26. Key IP trends to watch for in 2020
27. Intellectual Property Protection Strategies for Successful Business in the US and Canada
28. Intellectual Property Issues for Foreign Enterprises Acquiring Chinese Companies
29. Mastering the patent application process
30. Publicity Rights and Its Scope in Intellectual Property Laws
31. Facebook Brings Suit against Mobile Marketing Firm for Siphoning User Data without Authorization
32. Before it sued Google for copying from Java, Oracle got rich copying IBM’s SQL
33. Quibi Accused Of Stealing Technology, Trade Secrets From Interactive Video Company Eko
34. Full Count: Retweet Copyright Dispute Against Cubs Moves Forward
35. Cannabis Company is Sued for Showing Mural in Advertising Campaign
36. Quibi Sued by Eko for Patent Infringement, Theft of Trade Secrets
37. Amazon, counterfeits and memes: Online IP developments
38. Spotify, Amazon to Argue Against Songwriter Rate Hike in Court of Appeals
39. Engineer at the center of Waymo/Uber legal battle declares bankruptcy
40. Does my AI own the IP that it creates? If not, who?
41. Japan Approves New Law To Make Manga Piracy A Criminal Offense
42. Take-Two: Another step in the High Court’s battle against cheating in video games
43. Bold: Matthew Storman, Sans Lawyer, Counter Sues Nintendo For False Allegation Of Copyright Infringement
44. Joy-Con drift lawsuit denied dismissal, but referred to arbitration: 18 plaintiffs have joined suit against Nintendo, claiming unfair and deceptive business practices
45. Nintendo Switch Joy-Con drift class action lawsuit paused as case moves to arbitration
46. Mod.io raises $1 million to help game devs support user-generated content
47. Playing To Win: The Post-Alice Video Game Patent Landscape
48. U.S. Patent no. 10,286,299: Transitioning gameplay on a head-mounted display
49. U.S. Patent no. 10,286,307: Game controller with removable faceted finger pad

Jon

INTELLECTUAL PROPERTY

1. Can someone copyright every possible melody? (Andres Guadamuz)
2. Simple Solutions Simply Don’t Suffice to Solve the Slew of Song Infringement Substantial Similarity Suits
3. Castillo v. G&M Realty L.P.: 2nd Circuit affirms $6.75 million damages against property owner for painting over   graffiti art at 5Pointz exhibition, ruling that works were protected under Visual Artists Rights Act of 1990.
4. Second Circuit Affirms $6.7M VARA Judgment for Aerosol Artists
5. United Kingdom: Court of Appeal Clarifies When a Work is a Product of Joint Authorship
6. Netflix argues ‘Choose Your Own Adventure’ has become a generic term
7. Netflix Seeks Cancellation Of “Choose Your Own Adventure” Trademark
8. Court Dismisses Author’s Claim that TV Series “Billions” Copied Her Work – No Substantial Similarity Under Any Applicable Test
9. The Vatican Apostolic Library enters the digital age – and promptly asserts copyright
10. Bobby Brown’s Claims for the Use of His Name and Likeness Not His Prerogative
11. Copyright Registration – A Prerequisite to a Copyright Infringement Suit
12. Landmark ruling of the Court of Justice of the European Union (CJEU) on Digital Exhaustion in the Tom Kabinet Case
13. Clash of IP and competition to pharma’s detriment? The CJEU’s decision in the GSK case
14. Google v. Oracle – Copyright Battle of the Tech Titans
15. Breaking Down the Briefing in Google v. Oracle: Petitioner’s Brief
16. Four major factors at play in the Google-Oracle IP rights dispute
17. U.S. Copyright Office: Renewal of DMCA Designated Agent Required for DMCA Safe Harbor
18. Fifth Circuit Tosses Statutory Damages Award, Reinforcing the Importance of Early Copyright Registration
19. Geo-blocking of copyright protected content: The elephant in the room
20. Copyright: protection of designs as copyright works
21. Who Owns the Copyright? Work-Made-For-Hire Edition
22. Move to terminate Paramount Decrees may effect IP in the film industry
23. UK confirms withdrawal from the Unitary Patent
24. The UK will not be part of the UPC, Prime Minster’s Office confirms to IAM
25. The European unified patent court – a Brexit casualty?
26. Federal Court of Appeal remands REMICADE new use patent decision on anticipation and obviousness
27. A Practical Guide to the transition to Canada’s new Patent Act and Rules
28. Music – First Sale Doctrine, Fair Use and Protectability
29. Key Estate Planning Considerations for Individuals with IP (Part I: Introduction & Copyrights)
30. The Past and Future of Canada’s Criminalization of Trade Secret Theft – Part I
31. The Past and Future of Canada’s Criminalization of Trade Secret Theft – Part II
32. Intellectual Property Outlook: Cases and Trends to Follow in 2020 – PART 3
33. Banking on Intellectual Property | Intellectual Property Rights (IPR) in Banking
34. Millennium and Janssen seek leave from Supreme Court in Section 8 bortezomib case
35. Architects’ copyright
36. The Future of Patent Research
37. Senator Thom Tillis Pushed Awful Patent Reform Idea Last Year; Now Looks To Top It With Awful Copyright Reform This Year
38. How e-commerce platforms get drawn into global war on counterfeit goods
39. After 109,000 Video Removal Appeals Last Quarter, YouTube Says It Reinstated 22%
40. Bogus Automated Copyright Claims By CBS Blocked Super Tuesday Speeches By Bernie Sanders, Mike Bloomberg, And Joe Biden
41. SEC Issues Guidance on International Intellectual Property and Technology Risks
42. Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 3
43. Two New California Laws Tackle Deepfake Videos in Politics and Porn
44. I Wish More Countries ‘Stole’ Our Movies
45. The Tail of the Phillie Phanatic – The Hidden Underbelly of the New-Look Mascot
46. Grand Theft Auto cheat software; an infringement story
47. Real Property Dispute in a Virtual World
48. New publisher Ziggurat Interactive to revive dormant IP for PC and console: Company has access to over 140 titles from as far back the ’80s, first three games revealed
49. Six ways video game composers are missing out on money: Video game music is more accessible than ever before, but a lack of business knowledge among composers means money is being left on the table

Jon

INTELLECTUAL PROPERTY

1. Musicians Algorithmically Generate Every Possible Melody, Release Them to Public Domain: Damien Riehl & Noah Rubin generated and saved every possible melody to a drive, then turned it around to the commons.
2. Attempt To Put Every Musical Melody Into The Public Domain Demonstrates Craziness Of Modern Copyright
3. Can a Machine Be Considered an ‘Inventor’ for Patent Purposes?
4. Drake’s Sampling is a Fair Use
5. Judge upholds decision awarding $6.75 million (£5.2 million) damages to 5 Pointz graffiti artists
6. Second Circuit Affirms Visual Artists Rights Act Protects Famed Graffiti-ed Building
7. An introduction to copyright for creatives
8. Merchandising Monsters – European Commission imposes €14.3 million fine on NBCUniversal
9. The NCAA Blocks the Use of “March Madness” in Trademark Dispute
10. Brakes put on Bentley Motors’ use of trademark
11. Infringement by ReTweet?
12. Copyright term under Disney’s spell?
13. Can You License A Video You Don’t Hold The Copyright Over?
14. Copyright Can’t Bend Far Enough to Be Used Like a Patent
15. Protecting the Design of Consumer Goods
16. Compete, monetise, abandon: the strategic path to IP value
17. Intellectual Property Alert: Where and How You Store Your Servers May Subject You to Patent Litigation in a Distant Jurisdiction
18. Canadian patent law: 2019 year in review
19. Obtaining patent protection for software in Europe
20. 2019 U.S. Patents Hit All Time High
21. Is Chinese IP Theft Coming to an End?
22. The US Spent Years Telling China To Take Patents Seriously; Now It’s Freaking Out That China Is Doing So
23. Design Patent Guidance Found in Recent Court Decisions
24. Intellectual Property and Brexit
25. IP after Brexit: consequences and checklists
26. Revolution in enforcement of intellectual property rights in Poland – Introduction of specialised IP courts
27. Hiding Actualities: Whether Art Should Exist Independent of the Artist (Derek Diemer)
28. Open source licenses: What, which, and why
29. The Next Risk In Buying An IOT Product Is Having It Bricked By A Patent Dispute
30. Smithsonian Releases 2.8 Million Images And 3D Models Into The Public Domain
31. The system is rigged against users: Another reason why getting compensated for data is not a good idea (Beatriz Botero Arcila)
32. Companies are stealing influencers’ faces
33. Facebook offers to pay users for their voice recordings
34. Facebook will now pay you for your voice recordings: But it won’t pay much
35. Who’s protecting the machines? Will IP law offer incentives to AI developers in the battle to beat bacteria?
36. Corona Beer Takes a Hit From Coronavirus as Brand Image Suffers
37. Crytek’s lawsuit against Star Citizen devs ends in settlement
38. Copyright In The Modern Era: Fortnite Lets Players Mute Emote To Avoid Auto-Copyright Claims Against YouTubers
39. UK High Court Confirms That Grand Theft Auto Cheat Software Infringes Copyright
40. Activision subpoenas Reddit in hopes of tracking down Call of Duty leaker
41. Activision goes after Reddit to expose Call of Duty leaker: DMCA subpoena issued to identify user who posted new screenshot
42. Well Then: Activision Issues DMCA Subpoena To Have Reddit Unmask Whoever Posted That CoD Image Leak

Jon