The findings of the High Court in IceTV v Nine Network Australia: A New Age of Copyright in Australia?

Catherine Bond is a PhD Candidate at the Faculty of Law, University of New South Wales, Australia. IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14 In mid-2008, when the High Court of Australia granted special leave to appeal in the copyright case IceTV Pty Ltd v Nine Network Australia Pty Ltd, […]

CIRA Panel issues its first clear finding of “reverse domain name hijacking”

The April 15, 2009 decision by a CIRA (Canadian Internet Registration Authority) domain name dispute resolution Panel (the Panel) marks the first clear finding of "reverse domain name hijacking." This phrase refers to the practice of acquiring domain names from owners by accusing them of violating trade-marks with the domain name and demanding that the […]

Contracts, Orphan Works, and Copyright Norms: What Role for Berne and TRIPs

Jane Ginsburg is Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia Law School and Co-director, Kernochan Center for Law, Media and the Arts.  Professor Ginsburg is also a member of IP Osgoode's International Advisory Council. Professor Ginsburg has a new article forthcoming in WORKING WITHIN THE BOUNDARIES OF INTELLECTUAL PROPERTY, Rochelle Cooper […]

Are Moral Rights Only Limited to those of Flesh-and-Blood?

A recent article by Professor Emir Mohammed from the University of Windsor Faculty of Law challenges the Continental notion that moral rights, as granted by Canada's Copyright Act, are solely personal rights innate to just “flesh and blood” authors. The article, entitled “Moral Rights and Mortal Rights in Canada”, was published in the April 2009 issue […]

OBA Conference: "Intellectual Property Issues in a Non-IP Context"

On May 4th, the Ontario Bar Association presented "Intellectual Property Issues in a Non-IP Context". This conference brought together professionals from several practice areas, such as criminal law, insurance law and employment law. The focus of the conference was to draw attention to the variety of IP issues that exist within many areas of the […]

Taser Sues Second Life Creators Over Trademark Infringement

On April 17th, Taser International Inc. filed a 102-page complaint in the U.S. District Court (District of Arizona) against Linden Research Inc., creators of the wildly popular online video game Second Life. Taser (who manufactures the stun gun of the same name) alleges that Linden allowed its users to infringe on its trademark by creating […]

United States Doctrine of Inequitable Conduct Under Scrutiny Again

The controversial doctrine of inequitable conduct has once again garnered much attention in the patent law community due to the recent denial of certiorari by the US Supreme Court in Aventis Pharma v. Amphastar.  The doctrine of inequitable conduct allows courts to exercise equitable discretion to find a patent unenforceable if the applicant has failed to exercise his or […]

The End of the Tail

Chris Castle is Managing Partner of Christian L. Castle Attorneys, Los Angeles and San Francisco. You've probably heard the expression "the long tail" used by Web 2.0 cognoscenti.  Despite the largely uncritical acceptance the idea received a few years ago, research shows that for artists the "long tail" is the "wrong tale".  But it may […]

United States Patent Reform – Give Up and Do It Right?

Lee Hollaar is a professor of computer science at the University of Utah, where he teaches engineering and intellectual property law as well as networking and operating systems. On June 8, 2005, the Patent Reform Act of 2005 was introduced in the United States House of Representatives, to whatever fanfare accompanies patent legislation. Its primary […]

Generic Wine Names Statutorily Narrowed in Canada

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. What are Geographical Indications in Canada? Geographical Indications ("GIs") are protected indicia that specifically relate to wines and spirits under the Canadian Trade-marks Act ("the Act").  A GI identifies the "quality, reputation or other […]