Advocate General Mengozzi delivered his opinion to the European Union’s Court of Justice (ECJ), on February 16 2012, denying the Appeal sought by Helena Rubenstein SNC and L’Oreal SA concerning the Community trademarks BOTOLIST and BOTOCYL. Botox was registered as a word mark from 1991 to 2003 for goods in Class 5 of the Nice […]
In view of the recent Federal Court Order, the Canadian Intellectual Property Office (CIPO) will now accept applications for sound marks. This groundbreaking decision arises in recognition of the nearly nineteen year legal conflict with Metro-Goldwyn-Mayer Studios (MGM) whom, after an appeal of a CIPO decision in 2010, have now acquired the right to trade-mark […]
The trademark registration of “arepa”, the name used to describe a traditional Venezuelan food, has generated significant debate and concern among Toronto’s Venezuelan community. Eduardo Lee, the owner to Toronto’s Arepa Café, registered “arepa” in April of 2011. After learning of the registration, members of Toronto’s Venezuelan community have expressed their concern over the ownership […]
If the past month is any indication at all, 2012 is going to be an eventful year for intellectual property legislation, at least in the US and Canada. The controversy over the twin anti-digital piracy bills— the Stop Online Piracy Act (SOPA), and the Protect Intellectual Property Act (PIPA)— has gained much attention, particularly because […]
Twenga, Societe Anomyme (“TSA”) owns the registration for the mark TWENGA in Canada, which was applied for in May 12, 2008 and registered on October 25, 2011. Prior to the issuance of TSA’s registration, on October 5, 2010, the Registrant registered the Domain Name. The Registrant’s contact information was protected by the privacy rules of […]
Representatives of the defunct rock band, The Velvet Underground, have brought an action against the Andy Warhol Foundation for the Visual Arts Inc. concerning rights over the world’s most iconic banana image a full 45 years after it was first released.
In response to threats of legal action from Facebook, an Israeli entrepreneur has legally changed his name to Mark Zuckerberg.
Courtney Doagoo is a doctoral student at the University of Ottawa, Faculty of Law. On November 22, 2011, the European Community Court of Justice rejected an Appeal made by LG Electronics for the trade mark registration of the word sign DIRECT DRIVE for Class 7 and 11 wares (namely electric washing machines for household purposes, […]
Alysia Lau is a JD candidate at Osgoode Hall Law School who took part in the inaugural offering of the Intellectual Property Law and Technology Intensive Program (IP Intensive) in the Fall of 2011. As part of the course requirements, students were asked to write a blog on a topic of their choice. This past August, […]
Kalen Lumsden is a JD candidate at Osgoode Hall Law School. In response to the creation of a new, adult entertainment-centric domain – .XXX – many universities and trademark holders are buying up potentially pornographic versions of their web properties before they fall into irresponsible or malicious hands.