IP Intensive: Empires and Dragons and Doyle, Oh My - A Semester at the Canadian Broadcasting Corporation

This past fall was a fascinating time to be at the CBC as broadcasters work to adapt to changing media consumption habits. It also marked the start of the Hockey Night In Canada partnership with Rogers, a scandal breaking about one of CBC’s most notable personalities, and Canadian news making international headlines.   Having an interest […]

2+2 Does Not Equal Fair: University Copyright Policies at Risk

University fair use policies were dealt a blow in October when the U.S. Court of Appeals for the 11th Circuit reversed the District Court ruling in Cambridge Press v Georgia State University (GSU).

Ch-ch-ch-ch-changes Coming to the Trade-Marks Act

Trade-mark law in Canada is poised for transmutation thanks to the 2014 Federal Budget of all things.

Embracing Technology: A New Hope for Digital Distribution

On March 7th, the 16th annual Osgoode Entertainment & Sports Law Association Conference brought together students and professionals to explore emerging issues in entertainment and sports law. 

Reality Check: Federal Court Rejects Bridgestone’s Hypothetical Channels of Trade Argument in Confusion Analysis

The Federal Court recently dismissed an appeal from the Trade-marks Opposition Board regarding confusion between trade-marks for Bridgestone's motor tires and Campagnolo's specialty bike accessories. What made this case especially interesting were the comments on arguments regarding "hypothetical channels of trade".

Scrabble Scrambles for Trade-mark Infringement Ruling

Popular online game developer Zynga was recently the subject of a trade-mark infringement claim over their game “Scramble With Friends.” In the England and Wales High Court case, J.W. Spear & Sons Ltd Mattel, Inc & Anor v Zynga, Mattel claimed that the Zynga game infringed their SCRABBLE and SCRAMBLE family of marks. 

I Heart... Everything? Google Patents Heart Gesture to Indicate Importance on Social Networks

On a crisp fall day, you notice the perfect maple leaf lying on the pavement. You know that you have to share this with the world, but how will you let others know how great this leaf is? After all, this leaf is awesome. In the near future, simply joining your hands in a heart […]

Shiver Me Timbers! US Court Declines to Exert Jurisdiction Over Pirate Joe's

In the past, Canada has been labeled as a pirate haven, but this is now literally true for Trader Joe’s lovers in Vancouver. 

Composing Consent: Federal Court Dismisses Pinto v BJEC

The Federal Court recently held that in the absence of a written agreement, a copyright holder could grant implied consent to the use of their work when they allowed the work to be used for the purpose for which it was commissioned. This ruling may cause concern for authors who wish to retain control of their works […]

To Use, or Not to Use? That is the Question: AUCC Updates Fair Dealing Guidelines

In light of updates to the Copyright Act and the Supreme Court’s copyright Pentalogy rulings, the Association for Universities and Colleges of Canada (AUCC) has released updated guidelines for their fair dealing policy.