Although there is no shortage of counterfeit products on the market, it is not everyday that a high fashion designer sues your local flea market. Recently, Louis Vuitton reportedly filed a lawsuit against Dr. Flea’s Flea Market for intentionally selling a handbag that was evidently in violation of Canadian trademark and copyright laws.
Osgoode Hall Law School’s mooting team recently returned from the University of Oxford, UK, where they competed in the annual Oxford International Intellectual Property Moot. They achieved the highest preliminary round score and made the quarter-finals, losing to the eventual champion of the competition: Bucerius Law School, Hamburg, Germany. The quartet of Jordan Fine, Alicja […]
What’s in a name? In the craft beer industry, evidently, a lot. As craft beer’s popularity rises in North America, new breweries and tasty beers are popping up around the continent. But so are numerous legal claims over trademark infringement. Breweries often opt for pun-based brand names, and legal disputes are increasing as these puns […]
2016 was a winning year for Western trademarks in China. It produced an unprecedented number of decisions – two, to be exact – in which China won praise for protecting foreign trademarks, affirming intellectual property rights, and developing a friendlier environment for international businesses. The only loser was trademark law itself, as the two decisions […]
Aviv Gaon on Mr. David L. Hayes’ opening session presentation at the 20th Annual BCLT/BTLJ Symposium, Berkeley, California Setting the Stage for the Future Last April, I had the pleasure of participating in the 20th annual Berkeley Center for Law & Technology and Berkeley Technology Law Journal Symposium. The symposium was focused on the past, […]
Ambush marketing is the practice of sidestepping the intellectual property rights of well-known brands, often through an intentionally vague and clever implication, to benefit from a public perception of an association or connection to the brand, without paying make that association legitimately. This practice is particularly problematic at sporting mega-events, like the Olympic Games. Canada […]
Is there any chocolate bar more recognizable than the KitKat? Maybe, but that does not make it special according to the recent decision from the Court of Justice of the European Union (“CJEU”) in Société des Produits Nestlé SA v Cadbury UK Ltd [Nestlé]. Nestlé has produced the KitKat chocolate bar for over 80 years. In 2010, the company filed an application […]
An overview of what the Trans-Pacific Partnership Agreement would change in Canadian policy The Government of Canada is inviting Canadians to read and comment on the Trans-Pacific Partnership Agreement (TPP), along with the government’s Summary of the Agreement, which provides an overview of how the TPP would affect Canada. The summary suggests that the largest […]
2015 was an eventful year in intellectual property (IP) law worldwide. Canada in particular saw a lot of activity across all three major areas of IP in both legislation and jurisprudence. Topping the IP news charts was the proposed ratification of the Trans-Pacific Partnership (TPP): a wide-ranging international deal negotiated by twelve nations, including Canada.
The emergence of Chinese brands has become a global phenomenon. Not only are there exports to and local marketing within the Chinese diaspora and later generations, but Western businesses are also merging with and acquiring Chinese businesses and Western trademarks are engaging in brand extension or cross-branding with Chinese mark owners. In doing so, unexpected […]