Home » 2012 (Page 22)

Twenga Trademark Troubles

Twenga, Societe Anomyme (“TSA”) owns the registration for the mark TWENGA in Canada, which was applied for in May 12, 2008 and registered on October 25, 2011. Prior to the issuance of TSA’s registration, on October 5, 2010, the Registrant registered the Domain Name. The Registrant’s contact information was protected by the privacy rules of […]

Is Anyone Listening?

The idea of surreptitiously recording confidential conversations as material to be used against someone comes straight out of spy movies and thriller novels. The act itself is clearly reprehensible but it is surprisingly difficult to determine whether legal liability subsists. The actual practice of recording conversations without consent is governed by various criminal, privacy and […]

Copyright or Kopimism?

After a little over a year and two failed attempts, the Legal, Financial and Administrative Services Agency of Sweden (Kammarkollegiat) finally officially approved an application in January made by 19-year-old Swedish philosophy student Isak Gerson to recognize the Missionary Church of Kopimism (Missionerande Kopimistsamfundet), and thus ‘Kopimism’ as a religion.

Kerwhizz v. The Bounce Bunch: The Ongoing Confusion With Subconscious Copying

The complicated position that subconscious copying occupies when establishing reproduction and infringement in copyright law was recently highlighted in a key decision by the Patents County Court (PCC) of the UK. In Michael Mitchell v. BBC, Judge Birss’s meticulous judgment focused on whether there existed the possibility of either conscious or subconscious infringement, the latter […]

“Don’t Hide The Ball” – Best Mode in the US Patent System

  I am pleased to join you from south of the border. My work has been focussed in the United States. Intellectual property laws are very powerful and important today. Yet they are but part of the larger body of law in any country. They are also part of a developing fabric of international commercial […]

Soccer Match Schedules Must Be Creative To Be Copyrighted, Says Advocate General

On December 15, 2011, Advocate General Paolo Mengozzi gave his opinion to the Court of Appeal of England & Wales on whether soccer match schedules could be protected by copyright.  This opinion is a companion of sorts, to a ruling of the Court in 2004 that said the “fixture lists” as they are referred to, […]

China’s Patent vs. Innovation Dilemma

With a well-deserved reputation for counterfeiting and knockoffs, we have rarely looked to China for innovation and invention. Nevertheless, as an ever-growing giant on the world’s economic stage, China has taken steps to remedy this deficiency. About a year ago, Thomson-Reuters released their second report on the nation’s patent prowess, suggesting that China’s patent will outpace Japan […]

This Suit Is Bananas

Representatives of the defunct rock band, The Velvet Underground, have brought an action against the Andy Warhol Foundation for the Visual Arts Inc. concerning rights over the world’s most iconic banana image a full 45 years after it was first released.

Collective Licensing: Promises and Pitfalls

  Looking at the current state of trans-border licensing of music inEurope, the European example can teach mainly what to avoid. Even more so, many of the issues discussed in the EU might even be totally irrelevant for Canada. Unlike Canada, the EU currently consists of 27 member states, and as of today, there is […]

The Stanford Experience: A Semester in the IP Intensive Program at Osgoode

Last semester, I had the privilege of being a part of the inaugural class of the Intellectual Property Law & Technology Intensive Program at Osgoode Hall Law School. The program is a two week intensive seminar series, followed by a full time internship for the rest of the semester at a placement suited to our interests. […]