On Monday, March 31st, the United States Supreme Court began hearing oral arguments in the case of Alice Corporation Pty Ltd v CLS Bank International. Many hope that this ruling will help bring clarity to the patentability of software and business processes under US patent law.
Video game developer King made headlines and the IPilogue last month when they applied for a trade-mark for the word CANDY in the United States. The move generated extensive commentary and negative backlash from game developers and the gaming community at large. While it is unclear if causing a news buzz was the impetus behind the application, King […]
A Nova Scotia court has issued the first order under the new Cyber-safety Act. Some critics have claimed the Act as being overly broad and unfair, while the government has defended it as a necessary evolution in the new digital world.
Video game developer King, maker of the insanely popular and addictive Candy Crush Saga, has been granted a US trade-mark for the word "Candy". While previously owning trade-marks over the specific designs and game titles, this is the first common word successfully trade-marked by King. Some are worried registering a common word is an over-extension of intellectual property rights, while […]
In Cinar Corporation v Robinson, The Supreme Court of Canada ruled that a copyright protected work can be infringed not only by literal reproduction, but also by copying substantial features from a work. In the decision, which awarded damages to the author of a children's TV show, the court clarified the test for substantial reproduction... or did […]
An American photographer has been making headlines after receiving a massive award for copyright infringement by a health supplement website in relation to two of his photographs. It took 5 years, but on October 11, 2013 Andrew Paul Leonard was awarded $1.6 million in damages to be paid by Stemtech Health Sciences and its distributor.
Much has been written and discussed about the state of the music industry, and the impacts digital media has had on it. Past IPilogue coverage has included detailed analysis of last year's copyright pentalogy, the music industry's assault on Eastern European digital stores, and an interview with the president of Music Canada. The main themes of the debate […]
What makes a fictional character who they are? Would Darth Vader be Darth Vader without being Luke Skywalker's father? Would Harry Potter be Harry Potter without defeating Voldemort? An American court will be asked to decide just that in Klinger v Conan Doyle Estate.
The American courts have taken another pass at the recurring question of whether electronic documents and signatures are as good as written ones. The decision in Forcelli v Felco Corp finds that yes, an arrangement of electrons in silicon can be just as valid in law as an arrangement of dye on a dead tree.
Bleiberg Entertainment was unsuccessful in its argument that running a WiFi network without password protection is negligent in tort law. Bleiberg was aiming to force disclosure of ISP subscriber information to launch copyright infringement actions against those connected to the disclosed IP addresses. Not knowing if those subscribers were directly connected with the infringement, Bleiberg attempted to argue they were nonetheless […]