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Official Marks

‘Symbols of Despotism’: The Refusal to Register a Trademark in the EU

‘Symbols of Despotism’: The Refusal to Register a Trademark in the EU

Courtney Doagoo is a doctoral student at the University of Ottawa, Faculty of Law. On September 20, 2011, the General Court of the European Union released its decision to refuse the registration of a Community trademark for the for the former Union of Soviet Socialist Republics (USSR) coat of arms, upholding the previous ruling by […]

Philip Morris Lawsuit Alleges Australian Anti-Tobacco Legislation Violates Trade-mark Rights

Philip Morris Lawsuit Alleges Australian Anti-Tobacco Legislation Violates Trade-mark Rights

Michael Gilburt is a JD candidate at Osgoode Hall Law School. On June 27, 2011, the tobacco giant Philip Morris issued a press release announcing its decision to commence legal action against Australia over proposed legislation which, they argue, illegally diminishes the value of their trade-marks.

Ambush! Lululemon Scores on VANOC

Ambush! Lululemon Scores on VANOC

Stuart Freen is a JD candidate at Osgoode Hall Law School. Vancouver-based yoga sportswear company Lululemon introduced a new line of national-flag themed clothing late last month, just in time for the 2010 Olympics. The new line of sweatshirts, tuques, and t-shirts features the colours of Canada, the United States, Germany and Sweden and is cheekily […]

True, Patriot Love of the Canadian Maple Leaf - at Home and Abroad

True, Patriot Love of the Canadian Maple Leaf - at Home and Abroad

O Canada, we stand on guard for thee. But, do other nations stand on guard for Canada? When it comes to protecting official Canadian marks, such as the Canadian maple leaf, apparently Paris Convention Union nation courts are willing to stand up for Canada’s interests. A recent decision by the European Court of Justice has […]

VANOC Ticket Broker Suit Raises Concerns about Reach of Official Marks

VANOC Ticket Broker Suit Raises Concerns about Reach of Official Marks

Ticket Scalping is getting a lot of attention in Canada lately. In Ontario, Premier Dalton McGuinty made headlines by threatening to introduce legislation to stem TicketMaster’s practice of diverting potential purchasers to its resell site TicketsNow. In Saskatchewan, the Ministry of Justice and the Attorney General recently released (Warning: PDF Link)a discussion paper concerning ‘Ticket […]

The Overprotection of Olympic Marks in Canada

The Overprotection of Olympic Marks in Canada

Jamie Goodman is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course. The public domain in trademarks is composed of images, words, and phrases that cannot reasonably be granted exclusive protection because they are either generically descriptive, or because they are part of some shared […]

Official Marks: Ulterior Motive?

Official Marks: Ulterior Motive?

Reshika Dhir is a first year law student at Osgoode Hall and is taking the Legal Values: Challenges in Intellectual Property course. A Trademark is any logo, word, symbol, name, phrase, image or a combination of these elements that makes an individual and company wares and/or services distinctive. On one hand, the producers/providers of wares […]