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 […]
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 […]
Who controls the British Crown? Who keeps illegal streaming down? The Federal Court of Canada does! (May the pop-culture references commence.) The Federal Court of Canada made international news by handing down one of the harshest copyright sentences in its history, a fine of over $10M. The defendant is only 23 years old.
What do cooking and chemistry have in common? Apparently, the former provides great analogies to explain the latter. Apotex has recently applied for judicial review of a decision of the Director General of the Therapeutic Products Derivative (TPD) concerning its generic drug, Apo-Telmisartan. While several issues were raised in the application, of particular interest was […]
It has been nearly twenty years since the Uruguay Round of World Trade Organization (WTO) trade talks that created the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. In the intervening decades, multilateral trade negotiations have stalled and international agreements relating to intellectual property (IP) law have trended towards bi- and plurilateral levels. And, […]
Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the IP Intensive Program, the Founder and Director of the IP Osgoode Innovation Clinic, and an Associate Professor at Osgoode Hall Law School. 2013 ushered in renewed changes to the intellectual property law terrain in Canada and around the world. […]
The course Comparative Law: Privacy and Data Protection is offered this coming term at Osgoode Law School. IP Osgoode interviewed the course co-professors, James Williams (Osgoode site, personal site) and Michael Power (Osgoode site, personal site) for their insight on the exciting contemporary debates in the field.
Dubious and likely illegal image scraping is alive and well. And outside of particularly public, harmful cases like Rehtaeh Parsons’ photo ending up on a dating site, few organizations or governments seem to be effectively coordinating to stop the practice.
For the past month the Canadian Radio-television and Telecommunications Commission (CRTC) has been attempting to open its policy and regulation processes to the Canadian public. On October 24, CRTC Chair Jean-Pierre Blais launched A Conversation with Canadians with speeches and discussions at the Université Laval and Ryerson University. As Mr. Blais stated during his presentation at Ryerson, this conversation is designed to […]
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.