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Trademarks

Red Hot: Fashion Designers Wage War over Shoes

 Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. If you see a woman wearing these shoes, three things can be deduced.  One, she spent a pretty penny on them.  Two, those are Christian Louboutin shoes.  Three, the surrounding women are a tad […]

IP Law and Fashion Week: Is Canada Un-Fashionably Late?

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. As any Fashionista will know, over the last two weeks Toronto has been shining bright with visions of sequins and metallics.  Of course, I am talking about Rogue Fashion Week and LG’s Fashion Week.  […]

‘The Arrow Principle’ and Fictional Trademarks

Leslie Chong is a JD candidate at Osgoode Hall Law School. Benjamin Arrow’s article “Real-Life Protection for Fictional Trademarks” addresses the issues that arise when real-life companies attempt to exploit trademarks established in fictional worlds. Dubbed by commentators as “The Arrow Principle”, the author suggests that, as the use of the brand shifts from the […]

Who Must Show Consent in an Intellectual Property Infringement Case?

Professor David Vaver is a member of IP Osgoode, a Professor at Osgoode Hall Law School, an Emeritus Professor at the University of Oxford, an Emeritus Fellow of St. Peter’s College at Oxford and former Director of the Oxford Intellectual Property Research Centre. The unauthorized publication by two of the Aga Khan’s followers of a […]

Microsoft battles Apple’s “App Store” Trademark Registration

Ivy Tsui is a JD candidate at Osgoode Hall Law School. In 2008, Apple filed a trademark application with the U.S. Patent and Trademark Office for the name “App Store” (serial number 77525433). Microsoft objected to this and filed a motion challenging this application on January 10th, 2011. The current status for Apple’s trademark request […]

Public Opinions Brewing Over Starbucks Logo Change

Leslie Chong is a J.D. candidate at Osgoode Hall Law School. Starbucks has recently proposed a newly revamped logo to represent their company – a seemingly simple change that has prompted much furor among their loyal customers and business commentators alike. This coming March, the company’s logo will cease to include the words “Starbucks Coffee” […]

Warning Labels Threaten Tobacco Trade-marks – Or do They?

Dan Whalen is a JD candidate at Osgoode Hall Law School In late December, industry leader British American Tobacco won permission in Australian courts to pursue damages against a local importer for infringing upon one of its product’s trademarks by covering its packaging with health warnings labels. While the importer conceded that the labels may […]

eBay Spared the Gavel in Preliminary Court Opinion

Dan Whalen is a JD candidate at Osgoode Hall Law School eBay Inc. is “not generally liable” for trademark infringement that occurs on its website, according to Advocate General Niilo Jaaskinen of the European Court of Justice (ECJ).  He did, however, contend that the online auction-house is liable once it becomes aware of any breach […]

Nike Gets Personal Over Counterfeit Shoes

Matt Lonsdale is a JD candidate at Dalhousie University In late 2009, the UK Border Agency (UKBA) seized several shipments of counterfeit Nike athletic shoes originating from an unknown source within China and destined for customers within the UK. The UKBA notified Nike of the seized shipments, and Nike brought an action for trademark infringement […]