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Trademarks

2012 IP Year in Review: Hollywood Couldn’t Make an Action Movie this Good

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the Founder and Director of the IP Intensive Program, and an Associate Professor at Osgoode Hall Law School. 2012 was an action-packed year in the world of intellectual property law. There were flurries of reports, decisions, and new legislation that confronted many core principles of […]

Artwork to Ashes, Brands to Dust: Australia’s Tobacco Plain Packaging Act Held Constitutionally Valid

Put this in your pipe and smoke it: The High Court of Australia recently ruled that the Tobacco Plain Packaging Act withstands constitutional scrutiny, in JT International SA v Commonwealth of Australia. Retailers and smokers will thus soon find themselves scrutinizing things as well, in order to distinguish between identical cigarette packages stripped of all branding and trade-marks.

If Twinkies can Survive Nuclear War, They can Survive This

Hostess, the brilliant minds behind the TwinkieTM, filed for a motion to wind down business operations as the result of being unable to reach an agreement with the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM).  Though the company itself suffered from an inflated cost structure, their trade-marks, which include TwinkieTM, Ding DongsTM and WonderTM (bread), still […]

Quebec Has Some Branding Issues

The commitment to culture by our Francophone neighbours in Quebec has put their provincial government in the center of a legal battle with 6 major retailers.

ICANN See Some Problems: New Domains and Freedom of XXXpression

Turns out the internet isn’t all about porn. Just kidding, it mostly is. But underneath the debate sparked by the .XXX domain question at last week’s international website regulatory conference are a series of fundamental issues about internet freedom of expression, the process for determining what new URLs will be on offer, the tension between […]

End of the Road for Christian Louboutin v. Yves Saint Laurent

The re-posting of this analysis is part of a collaboration with Ashlee Froese. It appears that fashion’s most infamous case has finally come to a close. Both parties seemingly came away from the Appeal decision satisfied: Christian Louboutin’s trade-mark registration remained valid and exclusivity was maintained with respect to red soles with contrasting shoes; Yves Saint Laurent was […]