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Trademarks

IP Osgoode 2011: A Transformative Year for Intellectual Property and Technology

Pauline Wong is the Assistant Director of IP Osgoode. Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. 2011 will be remembered as a year of social movements and political upheavals in many parts of the world. This trend of transformation and development extended to Canadian and international intellectual property law. As a […]

Spanish Trademark Ruling Has One Side Happy, Other Side Seeing Red

Mark Bowman is a JD candidate at Osgoode Hall Law School. The Courts of Appeals of Barcelona have dismissed an appeal by the Red Cross concerning the trademark infringement of the logo of the candy company Happy Pills. As reported by the Spanish website elPeriódico.com, the court rejected the Red Cross’s argument that the candy […]

On ICANN’s New gTLDs: Problems Or Possibilities?

Chiara Chiapuzzo is an Assistant Legal Advisor at Kellogg Company in Italy and a member of the Editorial Board of MediaLaws: Law and Policy of the Media in a Comparative Perspective, www.medialaws.eu. The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws. Starting from January 2012, companies and individuals will have the possibility […]

Keep Design Cases Simple, England And Wales CA Tells Dyson

Brent Randall is a JD candidate at the University of Ottawa. It is a seemingly lofty goal for a court: keep legal reasoning simple.  As anyone who has a read a court’s decision knows, that is easier said than done, either because a judge wants to make sure all relevant issues are dealt with thoroughly, […]

Finding The Law: Apple Disputes Domain Names Used For Porn Sites

Brian Chau is a JD candidate at Osgoode Hall Law School. Apple commenced legal action in the WIPO against several domain names with obvious similarities to Apple products that host pornography instead of Apple-approved content. The domains in question are iphonecamforce.com, iphonecam4s.com, iphonesex4s.com, iphonexxxforce.com, iphone4s.com and porn4iphones.com, as reported by Domain Name Wire. To succeed, Apple […]

Flower Powers – ECJ Rules On Interflora v Marks And Spencer

Ben Farrow is a JD candidate at Osgoode Hall Law School. On September 22, 2011, the European Court of Justice handed down a judgement on a series of trade mark related questions spurred by the long running dispute between international flower delivery network Interflora and English retailer Marks and Spencer. The case stemmed from a […]

‘Symbols of Despotism’: The Refusal to Register a Trademark in the EU

Courtney Doagoo is a doctoral student at the University of Ottawa, Faculty of Law. On September 20, 2011, the General Court of the European Union released its decision to refuse the registration of a Community trademark for the for the former Union of Soviet Socialist Republics (USSR) coat of arms, upholding the previous ruling by […]

The Prince of Purses v Les Misérables: Louis Vuitton’s Latest Lawsuit Against Counterfeiters

Mekhala Chaubal is a JD candidate at Osgoode Hall Law School. A recently-decided US case (Louis Vuitton Malletier SA v. Akanoc Solutions Inc.) has trumped Canada’s largest LVM settlement so far (Louis Vuitton Malletier SA v. Singga Enterprises Inc). While the company is arguably only protecting its market share as one of the world’s premier […]

Motion For Summary Judgment By Madonna’s Material Girl Brand Fails To Materialize

Satomi Aki is a JD candidate at Osgoode Hall Law School. Ever since Madonna launched her clothing line, Material Girl, in August 2010, it has been plagued by a trademark infringement suit. Two weeks after the line went on sale exclusively at Macy’s Department Stores in the United States, LA Triumph Inc filed a lawsuit […]

Goodbye Borders, Hello Asset Fight

Jennifer O’Dell is a JD candidate at Osgoode Hall and Denise Brunsdon is a social media writer and researcher. Borders will not be the last book chain to close its doors because of insufficient revenue in an e-reader world. But while there is symbolism and nostalgia in the loss, there are also curious digital and […]