US

Shiver Me Timbers! US Court Declines to Exert Jurisdiction Over Pirate Joe’s

In the past, Canada has been labeled as a pirate haven, but this is now literally true for Trader Joe’s lovers in Vancouver. 

The Incredible, Vanishing Internet (and the DMCA)

In the time that it takes you to read this paragraph Google will have removed eight sites from its search engine indexes. Sorry, make that forty.

Revenge of the Trolls: Back to Square One for Apple

“To live is to war with trolls,” said Henrik Ibsen. Well, Apple Inc (“Apple”) has recently reached an impasse in its war against patent holding firm or “patent troll” Lodsys, LLC.

No Man (or Government Entity) is Above the Law

The United States Court of Appeals for the Federal Circuit recently released a combined opinion regarding the ability of government entities to register their official seal. The decision of In Re: City of Houston serves as a reminder of the substantial differences between Canadian and American trade-mark law.

Canadians Make Their Mark on Global Guide for Museum IP

The World Intellectual Property Organization (WIPO) has updated its Guide on Managing Intellectual Property for Museums, with two Canadians playing major roles in the Guide’s creation.

Electronic Contracts – Still as Good as Paper Ones

The American courts have taken another pass at the recurring question of whether electronic documents and signatures are as good as written ones. The decision in Forcelli v Felco Corp finds that yes, an arrangement of electrons in silicon can be just as valid in law as an arrangement of dye on a dead tree.

To Poach a Mockingbird: Harper Lee’s Trade-mark Battle

So much for southern hospitality. Celebrated American author Harper Lee finds herself embroiled in a trademark clash for the right to register the title of her own 1961 Pulitzer-winning novel, To Kill a Mockingbird.

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.

Apple’s Appealing Patent Result

In the latest episode of the Apple patent saga, the United States Court of Appeals has altered a decision by the International Trade Commission (ITC) discussing two crucial features of the modern smartphone: multi-touch functionality and a method of determining if this touch is a “finger touch.”

Copyright and the “Marvel Method” – Jack Kirby’s Heirs Lose On Appeal

On August 8th 2013, the United States Court of Appeals for the Second Circuit upheld a lower court ruling that comic book artist Jack Kirby’s contributions to Marvel were “made for hire”, and therefore ineligible for copyright termination notices under §304 (c) of Title 17 of the United States Code.