Trademarks
Just Trademark It: Athletes Turning to Trademarks to Gain Competitive Edge
With the Kawhi Leonard saga officially coming to a close on July 10th after his signing with the Los Angeles Clippers, the city of Toronto, along with the rest of Canada, has been taking the last month to reflect on the past season and what one man meant to the Toronto Raptors, and basketball in […]
Press “A” to Ready-Up: Insight into the Growing Industry of Esports
July is a notoriously bad month for sports fans. No NHL, no NBA, no NFL, and unless your team is above .500 after the all-star break you have probably already checked out of baseball this season. Of course, Wimbledon and the British Open certainly provide their share of entertainment to golf and tennis fans, but […]
IP Year in Review 2018 – A Milestone Year for IP Osgoode and Ground-breaking Changes in the Canadian IP landscape
As we settle into 2019, we look forward to topping the successes of the last year! Ten years ago IP Osgoode, Osgoode’s flagship Intellectual Property Law and Technology Program, was launched with the dream of creating a vibrant community to engage in balanced and objective research, and offer new and unexplored viewpoints to public policy […]
Target’s Plaid Scarves: Drawing Inspiration or Trademark Infringement?
British fashion-house Burberry is known for its $500 scarves, which are easily recognizable thanks to the brand’s iconic checked pattern. However, with the rise of high-quality imitation designer products, it has become incredibly difficult to tell whether a designer item is counterfeit or not. In particular, imitations of the famous Burberry scarf are rampant at […]
The Confusing Side of Offensive Marks: Matal v Tam’s Implications
The Supreme Court of the United States’ decision in the 2017 case of Matal v Tam (“Matal”) has important implications for trademark law inside and outside of the United States.” In ruling that the Lanham Act’s “non-disparagement” provision violated the First Amendment, the Court affirmed the decision of the Court of Appeal for the Federal […]
Art from Fragments: A Legal Framework for the Growth of Canadian Hip-Hop and Digital Sampling
Digital audio sampling—a music production technique whereby sound-clips are extracted from songs and incorporated into new tracks via computer software—is a staple of hip-hop music. With the increased accessibility of Canadian music via apps like Spotify, coupled with the growing Canadian hip-hop music scene, there is great potential for the usage of Canadian musical samples […]
A Recipe for Protection – A look at trademarks in the restaurant industry
There’s no denying that the restaurant business is a primary gateway to the workforce for many, with well over 1.2 million Canadians being employed through this $80 billion industry. While the quality of a restaurant’s food is integral to the restaurant’s financial success, the strategic use of intellectual property (IP), particularly trademarks, can give a […]