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A Question of Balance: Freedom of Expression vs. The Reputation of an Individual

A Question of Balance: Freedom of Expression vs. The Reputation of an Individual

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. In a recent English case involving the Times Newspapers Ltd (“Times”) and Detective Sergeant Gary Flood (“DS Flood”), the Court of Appeal interpreted the “Reynolds defence” to defamation and also decided that a newspaper publishing allegations on its website after it was communicated to […]

A Line in the Sand is Drawn: Trademark Dilution or Ordinary Use?

A Line in the Sand is Drawn: Trademark Dilution or Ordinary Use?

Vincent Doré is a JD/MBA candidate at Osgoode Hall Law School and Schulich School of Business. In a recent trademark dilution case, Ninth Circuit Chief Judge Alex Kozinski wrote an eloquent opinion that clearly and explicitly delineates where ordinary use ends and dilution begins. The question in this recent Ninth Circuit case (Visa Int’l Serv. […]

Keyword Advertising: When are competitors allowed to use your trademark?

Keyword Advertising: When are competitors allowed to use your trademark?

Robert Dewald is a JD Candidate at Osgoode Hall Law School Online keyword advertising, using internet search engines such as Google and Yahoo!, continues to be a highly contentious area of the law.  Litigation involving trademark infringement by competing companies in keyword advertising campaigns continues in Canada and around the world.  In Canada, it appears […]

Federal Court of Appeal rules that ISPs are not "broadcasters"

Federal Court of Appeal rules that ISPs are not "broadcasters"

Stu Freen is a JD candidate at Osgoode Hall Law School The Federal Court of Appeal recently released a decision holding that Internet Service Providers (ISPs) are not considered to be broadcasters within the meaning of the Broadcasting Act and are therefore not subject to the same levies that are imposed on traditional TV and […]

Summertime at IP Osgoode

Summertime at IP Osgoode

With the latter portion of the summer now upon us here in Canada, IP Osgoode will be slowing down its volume of blog posts, updates and newsletters slightly over the rest of the July and August.  We will not be taking a complete break and will continue to update our site with news and blog […]

Copyright, Contracts, Creators – New Media, New Rules

Copyright, Contracts, Creators – New Media, New Rules

Professor Giuseppina D’Agostino (Osgoode Hall Law School) has authored a new book entitled “Copyright, Contracts, Creators – New Media, New Rules”.  The book is briefly described below. The digital world has put content within arm’s reach of desire. No longer can an author be satisfied that her intellectual property is safely encased in a bound […]

‘Operation In Our Sites’

‘Operation In Our Sites’

Michael John Long is an LLM candidate advancing to the PhD at Osgoode Hall Law School On the morning of July 1st a common thread rippled throughout my email inbox; the topic related to movie streaming sites, or perhaps better said, a lack thereof.  After a few key strokes I learned that this streaming website […]

Copyright Termination: How Authors can Reclaim their Copyrights

Copyright Termination: How Authors can Reclaim their Copyrights

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. To help protect authors, the U.S. Copyright Act of 1976 provided for inalienable termination rights, rights unique to the United States. An inalienable termination right means that when an author assigns their copyright rights to a publisher, and even if that assignment agreement stipulates […]