Google has become a well known name in the world of IP lawsuits. Just before Google got a chance to settle the huge lawsuit over ‘book scanning’, it was faced with yet another one. This recent lawsuit comes from the marketing professor at the Harvard School of Business, Benjamin G. Edelman, who is suing with […]
In a move that is sure to make legislators around the world stand up and take notice, the French Senate recently sent a clear message to those engaged in illegal downloading that their behaviour will not be tolerated. In a landslide vote of approval which crossed party lines, the French Senate voted 297 to 15 […]
In the Supreme Court decision in Quanta Computer, Inc. v. LG Electronics, Inc,[1] the Court unanimously agreed to uphold the doctrine of patent exhaustion. The application of this doctrine is in the public’s best interest and therefore outweighs the detrimental impact of the doctrine on patent owners’ rights to control. LG Electronics (LG) had licensed […]
In March 2007 Viacom filed a $1 Billion lawsuit alleging that YouTube “actively engage[s] in, promote[s] and induce[s] [copyright] infringement”. Viacom properties such as South Park, Mean Girls and An Inconvenient Truth have been posted on YouTube.[1] For their part, YouTube has asserted a seemingly ironclad defense: Under Section 202 of the Digital Millennium Copyright […]
When American Airlines filed a lawsuit last year against Google claiming trademark infringement, many people hoped that this case would clarify the otherwise confusing jurisprudence surrounding the issue- whether or not Google allowing advertisers to purchase trademarks as keywords for advertising- is trademark infringement. However, in July the companies stated in identical emails, that they […]
A recent landmark decision by the United States Supreme Court in Quanta v. LG Electronics has effectively restricted patent-holders’ ability to claim infringement for subsequent uses of licensed products. This is the latest step by the top American court to circumscribe the scope of entitlements of patent-holders by limiting the ability of companies to collect […]
Update July 7, 2009: Barry Stork’s post “Liberal Party of Canada and Green Shift Inc.: Principles Take a Back Seat to the Almighty Dollar” won the Gowlings LLP Best Blog in IP Law and Technology Prize Fall 2008 in Professor D’Agostino’s IP class Even before Parliament’s dissolution on September 7, 2008, Jennifer Wright took issue […]
“Green Shift” has become a familiar term in the Canadian media over the past few months. Plugging these words into Google draws up numerous hits, with the leading ones referring to the Liberal Party’s proposed plan to fight climate change. But long before Stéphane Dion and his colleagues decided to use this phrase to brand […]
Shakespeare was thinking about roses, but his question is of contemporary relevance: is our understanding of a thing conditioned exclusively by its name, or does it encompass its function and attributes as well? Jim Brown would argue that function prevails over form. A retired NFL player, Brown is suing EA and Sony for the unauthorized […]
July 29, 2008 was a day of mourning for half a million procrastinators around the world. It was the day Scrabulous, a notoriously popular application on Facebook, was removed from the networking site. The withdrawal was prompted by a lawsuit launched by Hasbro, the US copyright owners of Scrabble. Hasbro cited Scrabulous’ developers, Jayant and […]