Home » 2009 (Page 20)

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 […]

ICANN and Internet Big Bang

The announcement by ICANN to open the Internet to a limitless number of domains has been a cause of stir since June 2008 when Internet Corporation for Assigned Names and Numbers (ICANN) accepted this recommendation of its global stakeholders.  ICANN’s website describes itself as a not-for-profit public-benefit corporation aimed at coordinating and maintaining the integrity […]

The CyberSquatting Wheel Keeps Turning

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. Sibling Rivalry: The intersection of Domain Names and Trade-marks Domain names and trade-mark owners have always had a contentious co-existence.  Whereas trade-mark rights are granted on a use basis, domain names are registered on […]

The Need for Weak IP Protection in the U.S. Fashion Industry

Despite the fact the enforcement of intellectual property rights in the United States fashion design industry, relative to other innovative sectors such as computing, music, television and film, may seem non-existent, fashion accounts for $200 billion in sales annually in the U.S.  Two prominent legal scholars, Kal Raustiala and Christopher Springman, have written a series […]

IP Rights: The New Designer Label

Fashion is everywhere you look. In the US, the fashion industry’s annual sales are higher than those of books, movies and music combined. Everyone wears clothes, whether for necessity, the desire to follow current trends, or for any reason in between. Fashion can be an indication of an individual’s social status, and also reflects cultural […]

EFF Launches TOSBack, a Tool for Tracking Terms of Service Agreements

The Electronic Frontier Foundation (EFF) recently launched a new web site called TOSBack which tracks changes to the terms of service and privacy policies of several popular websites. Among the tracked sites are Facebook, EBay, World of Warcraft, and various other social networking sites and internet service providers. Visitors can see a change log for […]

Federal Court of Appeal’s Decision Interpreting Section 8 of the Patented Medicines (Notice of Compliance) Regulations Leads to Mixed Results

The Federal Court of Appeal has recently released its first decision interpreting Section 8 of the Patented Medicines (Notice of Compliance) Regulations [PM(NOC)]. The PM(NOC) Regulations essentially serve as a link between the patent system and the drug regulatory approval system. The Regulations enhance protection for pharmaceutical patents by requiring generic companies to “clear” relevant […]

Facebook: A New Dimension to Cybersquatting

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. Facebook Inc.’s New Policy On June 9, 2009 Facebook Inc. announced that it would be releasing personalized URLs for Facebook profiles (i.e. “facebook.com/AshleeFroese” as opposed to previously used profile URLs “facebook.com/followed by a randomly […]

The HADOPI law held unconstitutional by the French Constitutional Court

Giovanni Maria Riccio is Professor of Private Comparative Law at the University of Salerno.  Professor Riccio is an IP Osgoode Research Affiliate.  The French Constitutional Court held that the “Creation and Internet” law – the law promoted by the Olivennes Commission and strictly supported by the President Sarkozy – is unconstitutional. This Act – whose […]

Academic Perspectives on Issues Raised in the Bilski Case

On June 1st the Supreme Court of the United States granted a petition to hear the case of Bilski v. Doll. At the Court of Appeals for the Federal Circuit, the Bilski patent for a method of hedging risk in commodities trading was rejected, affirming the decision of the USPTO. The majority of the court moved away from the […]