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Infringement

Federal Court Upholds Setanta’s Monopoly on the UFC in Canada

Jeffrey O’Brien in a JD candidate at the University of Alberta. Last month, Setanta Sports, a Dublin-based pay-per-view sports provider, was awarded summary judgement against an Alberta sports bar, The Brew’in Taphouse, and two of its principals by the Federal Court of Canada. Damages were awarded, but the most interesting order was the permanent injunction […]

Counterfeits: A Legal Faux Pas

Leslie Chong is a JD candidate at Osgoode Hall Law School. This past June has proven to be a successful month for major fashion houses in their battle against counterfeit products in Canada and the United States. Courts in both countries were applauded by the fashion industry for having issued landmark decisions in favour of […]

Collateral Damage In IP Enforcement: PROTECT IP Under Fire

Mark Kohras is a JD candidate at Osgoode Hall Law School. A new IP enforcement bill making its way through the US Senate has been sparking a surprising amount of controversy. It has received opposition from many prominent groups, including DNS experts, law professors, venture capitalists and even major newspapers. The creatively entitled Preventing Real […]

Red Meat, Yellow Journalism & Reporting On The Copyright Alert System In The US

Chris Castle is an attorney based out of Los Angeles and San Francisco who represents artists, producers, songwriters, record labels, music publishers, film studios and technology companies. President Barack Obama and New York Governor Andrew Cuomo each worked very hard to bring about the voluntary agreement that was announced last week among ISPs and rights […]

Copyright Alerts: The Next Solution to Online Piracy?

Danny Titolo is a JD candidate at Osgoode Hall Law School. An agreement has recently been made between the largest music, television and motion picture companies and the leading Internet Service Providers (ISPs) to create the “copyright alert” system. The main purpose of this system is to notify subscribers when their accounts are being used […]

Disagreement Persists As WIPO Negotiations For An Accessibility Treaty Move Forward

Andrew Baker is a LLB/BCL candidate at McGill University Faculty of Law. WIPO members have recently met to discuss a potential treaty for the disabled that would create minimum exceptions in copyright laws to facilitate access to copyrighted works by persons who are disabled, and permit the sharing of accessible works across borders.

Fryer Forgery: Attempting To Define A Standard For Induced Patent Infringement

Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. In Global-Tech Appliances, Inc. v. SEB S.A., the US Supreme Court has clarified an ambiguous standard surrounding induced patent infringement by borrowing from the doctrine of wilful blindness potentially putting an end to a long-standing debate surrounding the ambiguous statutory provision.

European Commission Proposes Single Market For Intellectual Property Rights

Kalen Lumsden is a JD candidate at Osgoode Hall Law School. On 24 May 2011 the European Commission released a communication to the European Parliament addressing the shortcomings and challenges of the current intellectual property rights regime. It proposes that a single, unified market address fragmentation problems and regulatory barriers in the European Intellectual Property […]

Pet-Door Patent Dispute Over Jurisdiction Clarified By US Court of Appeals

Kalen Lumsden is a JD Candidate at Osgoode Hall Law School. Radio Systems Corp. v. Accession, Inc., No. 10-1390 (Fed. Cir. Apr. 25, 2011) overrules a 2003 decision that sending a cease-and-desist letter to an infringing party in another state was sufficient to grant the addressee’s state jurisdiction over the owner in future patent enforcement.