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Trademarks

Trade Dress: Redress for Handbag Theft (of the Non-Mugging Variety)

Knockoffs run rampant in the retail and fashion industries. For those of us that are fashion-forward but not looking to incur debilitating debt, we resign ourselves to settling for the closest lookalike. But while these products may save us some money, it is usually at the expense of designers from whose unique and original work […]

Prof. Dinwoodie Kicks-off the 2014-2015 IP Osgoode Speaks Series With a Thought-provoking Talk on the Territoriality of Trademarks

On Thursday September 18th, IP Osgoode presented the first talk of its IP Osgoode Speaks Series for the 2014-2015 academic year. Visiting from the University of Oxford, Professor Graeme B. Dinwoodie challenged a room full of eager listeners with his lecture entitled “Territoriality of Trade Marks in a Post-National Era.” For two hours Professor Dinwoodie captivated […]

The Washington Wrong-Skins: A Moral Victory over Tasteless Trademarks

The football field is for helmets not headdresses. In the much talked about June 18, 2014 decision in Blackhorse v Pro Football, Inc. the United States Patent and Trademark Office (USPTO) made a clear statement that culturally-insensitive trademarks would not be tolerated. The Trademark Trial and Appeal Board (TTAB) decided to cancel six federal trademark […]

Nice Classification of Trade-marks – Perhaps Not So Nice for Canadians

 As discussed in Allison McLean’s “Ch-ch-ch-ch-changes coming to the Trade-marks Act” June 5, 2014 post, significant changes to the Canadian Trade-marks Act were introduced in Bill C-31, the 2014 budget bill.  While the most controversial aspect of the trade-mark provisions of Bill C-31 is the removal of the need to claim or declare use in […]

Fundamental Change to Trade-mark Law Opposed by Business and Trade-mark Professionals

Bill C-31, the Economic Action Plan 2014 Act No. 1, which will legislate into law the federal government’s recent budget, includes amendments to a number of statutes.  Of particular interest are the amendments to the Trade-marks Act (“TMA”).  The changes would reverse what has been the fundamental basis of Canadian trade-mark law for over 150 […]

Seeing Double – Two Quicksilvers on the Silver Screen?

Whether you grew up an avid comic-book fan, or just plan on seeing X-Men: Days of Future Past (recently released on May 23, 2014) as well as Avengers: Age of Ultron (scheduled for release on May 1, 2015), you might just “Hulk out” when you see two different Quicksilvers in each film. However, this doesn’t implicate a plot line […]

Reminder: Canada’s IP Writing Challenge 2014

There are just under two months left to submit your entry to our 6th annual Canada’s IP Writing Challenge. The winner from each category will receive a prize of $1000 (CAD), publication on the IP Osgoode website, and consideration for publication in the Canadian Intellectual Property Review and/or the Intellectual Property Journal.  The deadline to […]

Will Amazon Get Burned for Playing with Fyre?

Has Amazon, the hero of online shopping and home of the Kindle, become the newest provider of pay-per-view porn? According to WREAL, the company behind the adult entertainment streaming device and website FyreTV®, this is just a taste of the confusion apparently created by the launch of Amazon’s similarly named Fire TV. Consequently, attorneys on […]