A recent cyber-squatting dispute sheds light on the fact that although avenues for resolutions exist, cybersquatting is still a major problem plaguing internet commerce today. It all started when US media giant Viacom, decided to move material about its TV show ‘Jackass’ to the domain name ‘jackass.com’,  but realized that a serial cybersquatter based in the Virgin Islands (owned by Future Media Architects) had beat them to it instead. In fact, it was discovered that the company had registered more than 100,000 domain names on words such as ‘jackass’, most of which sites show at least a few pay-per-click ads.

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Posted in Domain Names, Internet, Trademarks
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Last week the Globe & Mail put out an article on a recent trademark registration that raised the ire of many in the art market. It seems like this issue has now been resolved as the Trademark holders have recently stated that they are willing to expunge the mark and consequently, submit to the storm of protests they received. However, it is still important to analyze this debate as it can be reduced to the discourse that has plagued trademark law for decades. It hinges on the same contested notions of distinctiveness/descriptiveness and the fight around what in fact does or does not belong to the public realm. 

The debate started when two Torontonian art dealers (collectively called the Canadian Art Group), registered as their trademarks the names of a famous group of Toronto painters from the 1950’s; Painters 11 & Painters Eleven. Since registration the Canadian Art Group threatened to sue what they deem “any illegal commercial activity” associated with the trademarks. In fact, Canadian Art group tried to assert their rights in two separate instances. Ironically, they went so far as to send an email to Iris Nowell, (the artist generally acknowledged as having named the group), that her preparations for a book, Painters Eleven: The Wild Ones of Canadian Art were in “express violation” of their trademarks.

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Posted in Trademarks
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As discussed by Anna in her post yesterday, fair dealing under Canadian law works as follows: a user is allowed a limited use of a copyrighted material without needing to get permission from the rights holder in specific circumstances; for the purpose of research or private study, criticism or review and for the purposes of news reporting. So long as a user abides by the specific requirements as set out in the Copyright Act and stays within a reasonable amount of use, the dealing is considered fair. However, often neglected is the other side of the debate, the argument for the rights holder, whom we should not forget.

Therefore, in the hopes of bringing attention to the other side of the debate, it is important to note just a few of the myriad assumptions, especially in the context of internet scraping, that may operate unfairly to the disadvantage of the content rights holders.

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Posted in Copyright, Fair Dealing
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The recent situation concerning the Haka Ka Mate traditional dance is demonstrative that intellectual property law as it now stands, does not always provide the best fit.

The Haka Ka Mate is a traditional dance that was composed by the Te Rauparaha of Ngati Toa to commemorate his escape from death. However, it is now most famously used by New Zealand’s rugby team, The All Blacks. The Ngati Toa is looking for two outcomes: recognition of ownership, and the right to get legal protection and compensation from it. The first issue has more or less been resolved as the government has agreed to negotiate with Ngati Toa in the latest Waitangi deed of settlement on how to protect the Haka. The second outcome is more problematic, as any copyright that the Ngati Toa would have, has long expired. The Ngati Toa would need the government to change the law. Special legislation would be needed to bring copyright back.

This situation raises two main questions; whether dance moves should be protected under copyright law, and secondly, whether Intellectual Property Law as it now stands, should ever be applied to the rights of Indigenous peoples.

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Posted in Copyright, IP
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