Competition Law

Verizon No Longer on the Canadian Wireless Horizon

Verizon CFO, Fran Shammo, set off a firestorm of speculation in June this year when he mentioned that Verizon was “looking at the opportunity” to enter the Canadian wireless market.

The UK Intellectual Property Office on the Impact of Lookalikes

On May 31st, 2013 the UK Intellectual Property Office (“IPO”) released a report on its research into the “Impact of Lookalikes: Similar Packaging and Fast-Moving Consumer Goods”. The issue of lookalikes is a politically “hot” one in both the UK and the EU, as there is pressure from brand owners who seek more effective protection […]

Technological Neutrality: (Pre)Serving the Purposes of Copyright Law

In the realm of law, neutrality is widely hailed as a fundamental principle of fairness, justice and equity; it is also, however, widely criticized as a myth that too often obscures the inevitable reality of perspective, interest or agenda. It should come as little surprise, then, that the principle of technological neutrality, recently employed by […]

The Future is Unfriendly for Mobilicity Acquisition by Telus

The Federal Government recently announced it would not allow Mobilicity to transfer the wireless spectrum it owns to Telus, effectively blocking a deal for the incumbent to acquire the smaller new entrant. Many see this as a victory for consumers and a bolstering of the Government's initiative to spur competition in the wireless market, while others are concerned about the immediate future of […]

Beyond Knowledge and Consciousness – The Development of Liability for Misuse of Trade Secrets in the UK

On May 22nd, 2013, the Supreme Court of the United Kingdom ("UKSC") decided the case Verstergaard, and in doing so created an important precedent concerning the relevance of subjective aspects of personal liability when misusing trade secrets and confidential information.

Bowman v. Monsanto and Patent Exhaustion: To Be, or Ought to Be?

More of a cautionary winter's tale than a midsummer night's dream, an Indiana farmer facing legal action from a certain biotech and chemical multinational behemoth recently reached the U.S. Supreme Court. The case is called Bowman v. Monsanto, and with all that hangs in the balance, a herbicide-resistant rose by any other name would, in […]

Mining the Digital Gold Rush: The Legal (L)ore around France's Data-Mining Tax

With markets in real property, personal property, and intellectual property quite cornered, the future-savvy lawyer might consider their cutting-edge cousin, if France's data-mining tax proposal has its way: what could be termed existential property*, courtesy of Google, Facebook, Amazon, and the like. Or rather, courtesy of their users, whose digitally collected personal data may be wholesale […]

Artwork to Ashes, Brands to Dust: Australia's Tobacco Plain Packaging Act Held Constitutionally Valid

Put this in your pipe and smoke it: The High Court of Australia recently ruled that the Tobacco Plain Packaging Act withstands constitutional scrutiny, in JT International SA v Commonwealth of Australia. Retailers and smokers will thus soon find themselves scrutinizing things as well, in order to distinguish between identical cigarette packages stripped of all branding and trade-marks.

Quebec Has Some Branding Issues

The commitment to culture by our Francophone neighbours in Quebec has put their provincial government in the center of a legal battle with 6 major retailers.

Bell Shooting for the Stars: CRTC Holds Hearing on the Purchase of Astral Media

In a time where the price for cable TV and Internet subscriptions seem to be ever-increasing, a bid for Astral Media Inc. by Bell Canda Enterprises Inc. (BCE) in March, 2012 for $3.38 billion has roused the concerns of a number competing corporations and consumer groups.