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"Confusingly Similar" and Domain Names

"Confusingly Similar" and Domain Names

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School Groovle.com allows a user to adopt one of their custom interfaces or create a ‘website’ with a unique background. This result is then pasted on the Google search screen. Groovle really operates on top of the Google search engine. When one enters a keyword, […]

Does The Status And Character Of The Litigant Or Litigant-Related Participant Influence Judicial Decision Making And Therefore The Result?

Does The Status And Character Of The Litigant Or Litigant-Related Participant Influence Judicial Decision Making And Therefore The Result?

Munyonzwe Hamalengwa is a Ph.D candidate at Osgoode Hall Law School. There are millions of words that have been written both by conservative and progressive judges, lawyers, scholars, political scientists, social scientists, historians and journalists on various judicial philosophies and interpretative doctrines, but the influence of the status of the litigant in influencing judicial decision […]

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 […]

Ordinary Observer Test Prevails Over Point of Novelty for Design Patents

Ordinary Observer Test Prevails Over Point of Novelty for Design Patents

Nirav Bhatt is an LLM candidate at Osgoode Hall Law School. The test for determining the validity of design patents should be the “ordinary observer test” and not the “point of novelty”. The US Court of Appeals for the Federal circuit (CAFC) in the recent case of International Seaway Trading Corp. v. Walgreens Corporation ruled that […]

Responsible communication -- for bloggers, too

Responsible communication -- for bloggers, too

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. Over the holidays the Supreme Court of Canada released two decisions – Grant v. Torstar Corp and Quan v. Cusson – that have attracted considerable attention in the media. This is natural, since the decisions both directly address the ambit of media […]

IsoHunt found liable for inducing copyright infringement

IsoHunt found liable for inducing copyright infringement

Nathan Fan is a JD candidate at Osgoode Hall Law School. U.S. District Court Judge Stephen Wilson released a summary judgment on December 21, 2009, finding Gary Fung and his peer-to-peer torrent websites liable for inducing copyright infringement in the U.S. Proceedings against Gary Fung began in 2006, when MPAA members sued Gary Fung and his […]

Top Intellectual Property and Technology Stories of 2009

Top Intellectual Property and Technology Stories of 2009

2009 was a significant year for developments in the area of intellectual property and technology.  We have put together a brief list of noteworthy news, events and cases that we have covered this past year.  Many of these items received top mainstream news coverage and were closely watched by the Canadian public.  We are also […]

Is a Re-Brand of the Canadian Trade-marks Act Imminent?

Is a Re-Brand of the Canadian Trade-marks Act Imminent?

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. CIPO’s Consultation In an effort to maintain “a modern and efficient trade-marks regime” that is globally competitive, the Canadian Intellectual Property Office (“CIPO”) is re-considering whether Canada should ratify the Madrid Protocol.  CIPO last […]

Forcing ‘search neutrality’ on Google

Forcing ‘search neutrality’ on Google

George Nathanael is a JD candidate at Osgoode Hall Law School. It’s the beginning of a new decade, and of course, the last one has seen the internet experience tremendous growth and change. Perhaps no other company has enjoyed the boom as much as Google. Just over 10 years ago, the then corporation of 8 […]