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trademarks

Trademark v. Free Speech

Trademark v. Free Speech

Does free speech overrule a trademark owner's interest in a domain name? According to Sutherland Institute v. Continuative LLC, a recent case by a WIPO domain dispute arbitration panel, the answer could be yes. Maybe. The case is interesting for two reasons: its discussion of free speech protection and domain names, and the deference of […]

Trademark Holders vs. Web-Domain Owners: How Much Protection is Enough?

Trademark Holders vs. Web-Domain Owners: How Much Protection is Enough?

Balancing the rights of trademark holders and registered web-domain owners is a complicated process. Understandably, trademark holders wish to protect their intellectual property rights and prevent cyber-squatters from acquiring valuable domain names for an illegitimate purpose. Conversely, domain owners argue that corporations should not be granted the automatic right to acquire any domain that can […]

Signs and Sensibility: Accommodating Non Conventional Trade Marks

Signs and Sensibility: Accommodating Non Conventional Trade Marks

Dr. Dev Gangjee (London School of Economics) has a primary research interest in intellectual property, including trademarks, geographical indications and domain names.  He is also an IP Osgoode Research Affiliate. Can a building be a trade mark?  Should a building be a trade mark?1 In recent years, trade mark registries and courts have grappled with applications […]

You can't spell "OPIR" without "IP" - My experience with the Trade-marks Opposition Board

You can't spell "OPIR" without "IP" - My experience with the Trade-marks Opposition Board

Annie Messerkhanian recently completed her second year of the J.D. program at Osgoode Hall Law School. Having just completed my second year of study, I was acutely aware of the fact that I had only one year remaining within which to complete my Osgoode Public Interest Requirement (OPIR). Students at Osgoode Hall Law School, beginning […]

L’Oréal v. eBay: European courts rule eBay not liable for sales of counterfeit goods

L’Oréal v. eBay: European courts rule eBay not liable for sales of counterfeit goods

It is no secret that counterfeit goods have been sold over the internet for years. Your relation to someone who has purchased some form of counterfeited good over the internet most probably follows the six degrees of separation rule. As a prominent source of the sale of counterfeit goods, U.S.-based eBay has been sued by […]

Twitter Squatters: What are you doing?

Twitter Squatters: What are you doing?

Twitter is a new Internet social networking phenomenon. It is a “service for friends, family, and co-workers, to communicate and stay connected through the exchange of quick, frequent answers to one simple question: What are you doing?" I have not yet jumped onto the Twitter bandwagon, but perhaps I should. At the very least, I […]

CIRA Panel issues its first clear finding of “reverse domain name hijacking”

CIRA Panel issues its first clear finding of “reverse domain name hijacking”

The April 15, 2009 decision by a CIRA (Canadian Internet Registration Authority) domain name dispute resolution Panel (the Panel) marks the first clear finding of "reverse domain name hijacking." This phrase refers to the practice of acquiring domain names from owners by accusing them of violating trade-marks with the domain name and demanding that the […]

OBA Conference: "Intellectual Property Issues in a Non-IP Context"

OBA Conference: "Intellectual Property Issues in a Non-IP Context"

On May 4th, the Ontario Bar Association presented "Intellectual Property Issues in a Non-IP Context". This conference brought together professionals from several practice areas, such as criminal law, insurance law and employment law. The focus of the conference was to draw attention to the variety of IP issues that exist within many areas of the […]

The Commercial Value of Woody Allen’s Image

The Commercial Value of Woody Allen’s Image

Last year, writer/director/actor Woody Allen launched a $10 million suit against clothing maker and retailer American Apparel over their unauthorized use of his image on a billboard advertisement. The trial is set to go before a jury on May 18th. However, on April 15th it was reported that Allen brought an additional complaint to the court […]