Exceptions which Circumvent Logic

Effective October 28, 2012, the US now has a new list of exceptions to its digital management circumvention laws in the Digital Millennium Copyright Act (hereafter “DMCA”).

US first sale doctrine: Proudly made in the USA

The American Bar Association (ABA) recently urged the Supreme Court of the United States to affirm the decision of the Court of Appeal, 2nd Circuit, in John Wiley & Sons, Inc. v. Kirtsaeng.

In the World of Chocolate, Cadbury owns part of the Rainbow

Cadbury won a surprising victory on October 1, 2012 by getting the colour purple as a registered trade-mark under the Trade-mark system of the European Union.

ICANN 45: gTLD System Put to the Test

The issues surrounding new generic top-level domains (gTLDs) will be the focus of ICANN 45; the last meeting of the Internet Corporation for Assigned Names and Numbers (ICANN) scheduled for 2012. The meeting will be held in Toronto from October 13 to October 19.

No More Pennies; No More Royalties

Musician David Gunning’s new album entitled “No More Pennies” features images of the Canadian penny as part of its album art. The album features a picture of a young man with a pile of spare change (including pennies), an image of a setting sun/penny, and an image of a steam train with pennies for wheels. […]

Genetic Testing Patents: USPTO Presents the 'Generic' Comments

The current system for genetic testing in America functions by having the patent holder of a particular genetic test control the testing process and results interpretation of that test. There is concern that, inherent in that current system, there is a lack of independent second opinion testing available - testing which has the potential to make […]

Potential Sabotage: Is that What’cha Want?

Michael "Mike D" Diamond, Adam "Ad-Rock" Horovitz and the estate of the recently deceased Adam "MCA" Yauch (“the Beastie Boys”) have launched an action against Monster Energy Drink (hereafter “Monster”) for the use of approximately 3 minutes of their music in a video promoting the “Ruckus in the Rockies” event.

Is it Too Early for a 5-D Apple?

Apple is closing the gap to making full virtual reality a possibility.  On July 24th 2012, the U.S. Patent and Trademark Office granted the company a patent for its groundbreaking 5 dimensional technology. The Invention will incorporate virtual reality gloves, next generation sensors and touch screens to better immerse a user.

Allergan Inc. c. Canada (Health), 2012 FC 767: Comity or Tragedy?

A somewhat confusing victory for Allergan Inc. was won on June 18th, as the Honourable Justice Hughes upheld their patent on COMBIGAN despite the fact that their invention was ruled to be obvious.  The Honourable Justice Hughes ruled in favour of Allergan by prohibiting the Minister of Health from issuing a Notice of Compliance (NOC) […]

Where there's Rum, there are Pirates

The history of the “Havana Club” brand rum is a long one.  It was originally produced and sold by the Arechabala family until 1960, when the Castro government confiscated their holdings without compensation.  Since this included the Arechabala’s rights to sell their rum, the Cuban government began selling the rum themselves under the stolen “Havana […]