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Trademarks

European Commission Proposes Single Market For Intellectual Property Rights

Kalen Lumsden is a JD candidate at Osgoode Hall Law School. On 24 May 2011 the European Commission released a communication to the European Parliament addressing the shortcomings and challenges of the current intellectual property rights regime. It proposes that a single, unified market address fragmentation problems and regulatory barriers in the European Intellectual Property […]

Whither Survey Evidence? What The Supreme Court Of Canada Said In Masterpiece

Ruth M. Corbin, Ph.D., LL.M., is the Managing Partner at CorbinPartners Inc. and an Adjunct Faculty member at Osgoode Hall Law School.[1] The Supreme Court of Canada, in its recent “Masterpiece” decision,[2] sent a strong message to the legal and social science communities with respect to survey evidence.

The Colour Orange: Hershey And Mars Settle Trademark Dispute

Amelia Manera is a JD candidate at Osgoode Hall Law School. In the world of candy, Reese’s distinct shade of orange tells the consumer that a tasty peanut butter and chocolate treat resides within the packaging. And while the colour orange may be a natural choice when trying to indicate peanut butter, Mars, in trying […]

The Festival Formerly Known As Caribana

Amelia Manera is a JD candidate at Osgoode Hall Law School. Toronto’s Caribana festival, currently operated by the Festival Management Committee (FMC), has been ordered to give the festival a different name as part of the Ontario Superior Court ruling that the Caribana Arts Group (CAG), the founder and original operator of the festival, owns […]

A Masterpiece Of Trade-mark Clarity

IP Osgoode: Congratulations are in order!  The Supreme Court of Canada cited three legal texts in this decision, all of which are authored or co-authored by IP Osgoode Advisory Board Members, namely Justice Roger Hughes, Professor David Vaver and Kelly Gill.  Congratulations also to all counsel for their involvement in this important decision. Mr. Kelly […]

Targeting the Target Name in Canada

Nora Sleeth is a JD candidate at Osgoode Hall Law School. On May 2, 2011, Target Corporation and Fairweather Ltd. went to court disputing the rights to the Target name in Canada. While Target Corporation plans to open its doors to Canadian consumers in 2013, Fairweather’s Target Apparel hopes to remain the only Target in […]

Same Bat Marks, Same Batmobile – And That’s the Problem

Brent Randall is a JD candidate at the University of Ottawa. DC Comics, owner of the Batman character, filed a lawsuit on May 6, 2011, alleging infringement of its copyright and trade-mark rights over the Batmobile.  The suit, filed in California, alleges that the named defendant, Mark Towle, is selling imitation Batmobile vehicles as well […]

Custody Over the Bratz: Mattel v. MGA, Round Two

Leslie Chong is a JD Candidate at Osgoode Hall Law School. The legal battle between Mattel and MGA Entertainment, Inc. has come one step closer to ending. Despite the seven-year legal saga between Mattel (owner of the classic Barbie doll) and MGA Entertainment (owner of the modern pouty-lipped Bratz dolls), the latter has come out […]

Vivienne Westwood Knocks Out Knock-Off

Leslie Chong is a JD candidate at Osgoode Hall Law School. Following a judgment from the England and Wales Patent County Court, fashion designer Dame Vivienne Westwood successfully sued internet clothing provider Anthony Edward Knight for trademark and copyright infringement. The decision carefully detailed each of Westwood’s claims against Mr. Knight, which effectively shows how […]