IP Osgoode would like to thank everyone who attended Justice Marshall Rothstein's lecture, titled "Advocacy in IP Litigation in the Supreme Court," on November 25, 2013 at Osgoode Hall Law School. The video of the lecture is available below.
Popular online game developer Zynga was recently the subject of a trade-mark infringement claim over their game “Scramble With Friends.” In the England and Wales High Court case, J.W. Spear & Sons Ltd Mattel, Inc & Anor v Zynga, Mattel claimed that the Zynga game infringed their SCRABBLE and SCRAMBLE family of marks.
A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore necessary to ensure the correct level of damages is awarded, if only because undeservedly large or small damages awards may hurt innovation by depleting the […]
On a crisp fall day, you notice the perfect maple leaf lying on the pavement. You know that you have to share this with the world, but how will you let others know how great this leaf is? After all, this leaf is awesome. In the near future, simply joining your hands in a heart […]
Abstract: This study problematizes international copyright policy by using a case study that can be said to exist outside of the copyright paradigm. Using works of mas in Trinidad and Tobago as my case study, I examine what a policy with the potential to protect it as a cultural product with commercial value would look […]
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.
The United States Court of Appeals for the Federal Circuit recently provided an example of when patents will be invalidated due to inequitable conduct. Canadian patent law presently has no comparable doctrine of inequitable conduct, but the US ruling provides an interesting comparative basis from which to discuss the duty of good faith in Canadian […]
Rules define sport. In boxing, a fighter who is knocked down has a ten-second count to stand up and continue the match. If they fail, they are declared “knocked out” and their opponent wins. Rules also define law - except that in the world of law, the fighter can be declared “knocked out” before they […]
If you want to order a Heineken in China, just ask the bartender for a “喜力啤酒” (pronounced “see lee pee jow”). The second word-pair, “啤酒”(“pee jow”), simply means “beer” and can be ubiquitously used to order beer in China. But the first word-pair, “喜力” (“see lee”), is the trade name chosen by Heineken to represent […]
Motivated to compete with Facebook and Google, Bell recently announced that starting November 16 it will be collecting massive amounts of customer data to deliver targeted advertising. The Office of the Privacy Commissioner of Canada (OPC) stated that it will be investigating the matter. Canada’s telecom giant is adamant that it will comply with the […]