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CCH Canadian

Just Laugh It Off: Trademark Parody and the Expansion of User Rights

Just Laugh It Off: Trademark Parody and the Expansion of User Rights

I was invited to attend the Canadian Bar Association Intellectual Property section’s IP Day 2017 and Judges’ Dinner, on May 11, 2017 in Ottawa. It was an honour to be invited as the winner of the Intellectual Property Law student essay contest for my paper “Just Laugh It Off: Trademark Parody and the Expansion of […]

Small Claims Court Makes Some Big Decisions about Fair Dealing and TPMs

Small Claims Court Makes Some Big Decisions about Fair Dealing and TPMs

In the recently released decision 1395804 Ontario Limited c.o.b. Blacklock’s Reporter v Canadian Vintners Association, the Ottawa small claims court ruled in an interesting way on fair dealing that might have some far-reaching implications if nothing overrules it. Reading a strict interpretation of CCH and the Copyright Act, deputy judge Lyon Gilbert reached the conclusion […]

Copyright: [Skill and/or Talent?] and Judgment

Copyright: [Skill and/or Talent?] and Judgment

A few weeks ago, while re-reading CCH Canadian Ltd. v Law Society of Upper Canada, [2004] 1 SCR 339 [hereafter CCH], I paused on a rather peculiar detail from this well-known Supreme Court decision.  Intrigued, after a brief search, I was surprised to find that no one in Canadian copyright discourse seemed to have expanded […]