Revenge and Domain Name Seizure: CIRA Allows Transfer of Registration of Domain Names Used for Personal Attacks

In March 2014, a single member Canadian Internet Registry Association (CIRA) panel allowed the transfer of two domain names which consisted, in both cases, of the personal names of people involved in a dispute with an unsatisfied former customer. The decision of the panel could preserve individual privacy rights online. It also serves to protect […]

Court Rejects Class Action Settlement in Long-Standing Copyright Dispute Between Lawyers and Legal Publisher

An Ontario Superior Court has rejected a class action settlement between the publisher Thomson Reuters and a collection of Canadian lawyers and law firms, stating that the proposed settlement is not “fair, reasonable, or in the best interests of the Class Members.” The proposed settlement would have seen Thomson Reuters fund a trust for public […]

Improper Motives: Federal Court Safeguards its Process Against “Copyright Trolls”

The Federal Court granted an order compelling an internet service provider (ISP) to divulge the names and addresses of some 2000 account holders implicated in alleged copyright infringement over peer-to-peer (P2P) networks. This type of order is often associated with “copyright trolls” in other jurisdictions. However, in granting the order, Prothonotary Kevin Aalto attached conditions […]

“World War Pink”: Victoria’s Secret and Thomas Pink Square Off in Dispute Over “Pink” Brands

The global branding dispute between Thomas Pink and Victoria’s Secret opened up a front in Canada last month. In the decision, Justice Hughes of the Federal Court found that Victoria’s Secret had standing to seek a declaration that use of marks associated with its PINK clothing line did not infringe or depreciate trade-marks owned by […]

The Curious Case of the Woodpecker and the Injunction

In Woodpecker Hardwood Floors (2000) Inc v Wiston International Trade Co, Ltd (2013 BCCA 553), the BC Court of Appeal denied an appeal to overturn an interlocutory injunction which enjoined the use of a registered trade-mark in an action for passing off.  This case is surprising, both due to its strange relationship with judicial precedent […]

Privacy and Proportionality: The Supreme Court finds Alberta Privacy Legislation Unconstitutional

Privacy legislation frequently pits the importance of safeguarding personal information against the constitutional protection of freedom of expression. In Alberta (Information and Privacy Commissioner) v United Food and Commercial Workers, Local 401 (“UFCW”), the Supreme Court of Canada ("SCC") has made an important statement about the permissible extent of privacy protection, and the importance of […]

Google's Big Score: District Court Says Book Digitization Project is Fair Use

In the latest installment of the legal saga surrounding Google's book digitization project,  Judge Denny Chin of the Southern District NY court has granted summary judgement in favour of Google, Inc. following eight years of litigation.

Pride and Percentages: Copyright Term Limits and Payments to Authors in the Romantic Period

In common law countries, the term of protection granted by copyright has been steadily growing ever since its advent in the eighteenth century, yet the benefits of these term extensions has been vigorously debated. A new study by Meghan McGarvie and Petra Mosner, however, provides evidence that payment to authors by London publishers significantly increased […]

International Aspects of the New User-Generated Content Exception in the Copyright Act

On October 10, Osgoode Hall Law School hosted a symposium on User Generated Content under Canadian Copyright Law. The final panel of the day featured IP Osgoode Advisory Board member Barry Sookman and Prof. Joost Blom, who each gave a talk on the broader international context of the UGC exception created by recent amendments to […]

'Osgoode Style' Wins Big at 2013 Harold G. Fox Canadian Intellectual Property Moot

It is my pleasure to return to my editorial duties (sans a 007 title pun) for the IPilogue to bring a first hand account of the fifth annual Harold G. Fox Canadian Intellectual Property Moot. After months of grueling preparation, I am proud to report that the moot, while a resounding success all-around, was particularly […]