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Fishing Across the Pond
February 20, 2012 by Brian Chau (IPilogue Editor) Earlier this year, the Westminster Magistrates’ Court found that a young British student could be extradited to the United States to face allegations of copyright infringement. The United States Justice Department requested that he be extradited under the Extradiction Act, 2003 and the US-UK Extradition Treaty.
Is Anyone Listening?
February 3, 2012 by Brian Chau (IPilogue Editor) The idea of surreptitiously recording confidential conversations as material to be used against someone comes straight out of spy movies and thriller novels. The act itself is clearly reprehensible but it is surprisingly difficult to determine whether legal liability subsists. The actual practice of recording conversations without consent is governed by various criminal, privacy and telecommunications laws, but in Canada, there may also be recourse under the common law.
Re-litigating Patent Validity In Re Construction Equipment Company
January 16, 2012 by Brian Chau (IPilogue Editor) Brian Chau is a JD candidate at Osgoode Hall Law School. A recent case, In Re Construction Equipment Company, came through the US Court of Appeals, Federal Circuit, which highlighted potential conflicts between findings of validity that arise from re-examination on the one hand and an invalidity action on the other. This case appeared to be rather odd: the Federal Circuit confirmed the validity of certain patent claims in a matter in 1998, and then under subsequent re-examination, found that the same claims were invalid due to issues of obviousness 9 years later. The re-examination was appealed to the Federal Circuit.
Finding The Law: Apple Disputes Domain Names Used For Porn Sites
December 5, 2011 by Brian Chau (IPilogue Editor) Brian Chau is a JD candidate at Osgoode Hall Law School. Apple commenced legal action in the WIPO against several domain names with obvious similarities to Apple products that host pornography instead of Apple-approved content. The domains in question are iphonecamforce.com, iphonecam4s.com, iphonesex4s.com, iphonexxxforce.com, iphone4s.com and porn4iphones.com, as reported by Domain Name Wire. To succeed, Apple will likely have to demonstrate that it has the trade-mark (and that the trade-mark is identical or confusingly similar), that the registrant has no legitimate interest in the domain and that the domain name was registered in bad faith. |
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