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Will "Candy" Trademark Prove Sweet or Bitter for King?

Will "Candy" Trademark Prove Sweet or Bitter for King?

Video game developer King, maker of the insanely popular and addictive Candy Crush Saga, has been granted a US trade-mark for the word "Candy". While previously owning trade-marks over the specific designs and game titles, this is the first common word successfully trade-marked by King. Some are worried registering a common word is an over-extension of intellectual property rights, while […]

The Curious Case of the Woodpecker and the Injunction

The Curious Case of the Woodpecker and the Injunction

In Woodpecker Hardwood Floors (2000) Inc v Wiston International Trade Co, Ltd (2013 BCCA 553), the BC Court of Appeal denied an appeal to overturn an interlocutory injunction which enjoined the use of a registered trade-mark in an action for passing off.  This case is surprising, both due to its strange relationship with judicial precedent […]

Transplanting the Canadian UGC Exception to Hong Kong: Part 1

Transplanting the Canadian UGC Exception to Hong Kong: Part 1

In July 2013, the Hong Kong government conducted a public consultation on the treatment of parody under the copyright regime. Building on two earlier consultations on digital copyright reform in December 2006 and April 2008, this latest consultation identified three legislative options: (1) clarifying the threshold for criminal copyright infringement; (2) introducing a specific criminal […]

IP Intensive Program: A Semester at SOCAN

IP Intensive Program: A Semester at SOCAN

In ten weeks at Society of Composers, Authors and Publishers (SOCAN) I learned how to gamble on horses, how to create a shark costume out of an old sweater and some cardboard, the proper amount of food to eat at a Chinese buffet (three plates, including dessert), and to always fill out the Health and […]

No Beer and No TV Makes Judge Levy $10M fine for Simpsons, Family Guy Streaming

No Beer and No TV Makes Judge Levy $10M fine for Simpsons, Family Guy Streaming

Who controls the British Crown? Who keeps illegal streaming down? The Federal Court of Canada does! (May the pop-culture references commence.) The Federal Court of Canada made international news by handing down one of the harshest copyright sentences in its history, a fine of over $10M. The defendant is only 23 years old.

IP Intensive Program: Taking a Look Behind the Wizard’s Curtain – A Semester at the Canadian Intellectual Property Office

IP Intensive Program: Taking a Look Behind the Wizard’s Curtain – A Semester at the Canadian Intellectual Property Office

Off in the far-away land of our nation’s capital (actually, across the river in Gatineau, Quebec, to be specific) exists a mystical place. A building where applications are examined, rights are granted, and hearings are heard. I spent the better part of a semester at this office, and the experience I had there will without […]

"Meringue" is not an Ingredient in Lemon Meringue Pie: Defining "Identical Medicinal Ingredient"

"Meringue" is not an Ingredient in Lemon Meringue Pie: Defining "Identical Medicinal Ingredient"

What do cooking and chemistry have in common? Apparently, the former provides great analogies to explain the latter. Apotex has recently applied for judicial review of a decision of the Director General of the Therapeutic Products Derivative (TPD) concerning its generic drug, Apo-Telmisartan. While several issues were raised in the application, of particular interest was […]