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Infringement

US Court of Appeals Rejects Freelance Authors’ Settlement In Follow Up To Tasini Precedent

Nora Sleeth is a JD candidate at Osgoode Hall Law School. The National Writers Union, The Authors Guild, and the American Society of Journalists and Authors, along with 21 individual writers, have filed a class action lawsuit against several major print and electronic publications. On August 17, 2011, the US Court of Appeals for the […]

Friendly Courts And Western Benefactors Support Chinese Piracy

Dan Whalen is a JD candidate at Osgoode Hall Law School. Online file-sharing company Xunlei Limited recently announced that it has indefinitely postponed its initial public offering and NASDAQ listing due to unfavourable market conditions. Although some would claim the setback as a small victory against a leading copyright pirate, inspection of the company’s continued […]

Castaway Damages: Robinson Sucroë v. Robinson Curiosité

Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. The Quebec Court of Appeal has recently ruled on the notorious Robinson Sucroë cartoon plagiarism case.  The decision has greatly reduced the remarkable damages awarded by the trial court in 2009, but upholds the finding of liability.

Could This Headline Be Copyrighted? UK CA Rules On Protection Of Headlines And Extracts

Brent Randall is a JD candidate at the University of Ottawa. England and Wales Court of Appeal ruled on July 27, 2011 that headlines are capable “of being literary works independent of the article to which they relate” and that using article extracts without the author’s permission could constitute copyright infringement of the work.

CIRA Updates .CA Domain Name Dispute Rules

Taylor Vanderhelm is a JD candidate at the University of Alberta. The Canadian Internet Registration Authority (CIRA) has announced that it will be introducing changes regarding domain name disputes under the CIRA Domain Dispute Resolution Policy (CDRP). These changes will help bring the CDRP in line with the Uniform Domain Name Dispute Resolution Policy (UDRP), […]

Font Used In Harry Potter Merchandise Could Spell Damage Award

Brent Randall is a JD candidate at the University of Ottawa. Harry Potter and the Deathly Hallows Part 2, the final film in the Potter film series, was released on July 15, 2011.  With its worldwide box office grosses now pushing the $1 billion mark, the big story has been the end of the wildly […]

Federal Court Posts “Model” Bifurcation Order For IP Matters

Danny Titolo is a JD candidate at Osgoode Hall Law School. The Federal Court of Canada has posted a new “model” bifurcation order which is to be used in matters pertaining to intellectual property. Bifurcation refers to a judge’s ability to divide a trial into two parts and render a judgment on two sets of […]

Federal Circuit Ruling In Myriad Genetics: Genes Are Patentable

Danny Titolo is a JD candidate at Osgoode Hall Law School. The Court of Appeals for the Federal Circuit recently overturned a Southern District of New York court’s decision by ruling that genes can be patented. The Federal Circuit decided that DNA isolated from the body was patent-eligible since it is “markedly different” from the […]