Leslie Chong is a J.D. Candidate at Osgoode Hall Law School Following the “notice of allowance” that Facebook recently received for its FACE trademark application, many have criticized the U.S. Patent and Trademark Office (USPTO). While the trademark appears only to apply in specific circumstances, some have noted that it seems unconventionally broad and generic. Known to be fervent […]
Stuart Freen is a JD candidate at Osgoode Hall Law School The United States Immigration and Customs Enforcement (ICE) agency confirmed on Monday that it seized 82 domain names belonging to websites that were allegedly trading in pirated and counterfeit goods. The agency claims this is only an intermediate step in a larger ongoing project […]
Dan Whalen is a JD candidate at Osgoode Hall Law School Digital-age Beatlemaniacs were feeling fine when Apple Inc. recently announced that its iTunes Store would finally have the band’s catalogue available for purchase. Though widely lamented, the delay has not generally been questioned in light of other industry grievances with iTunes, such as ubiquitous […]
Nathan Fan is a JD Candidate at Osgoode Hall Law School Whether it’s the topic of discussion in a cosmetics magazine or the latest legal defence, the botulinum toxin (aka ‘Botox’) makes its reputation known around the world. Thanks in part to the product’s marketing and placement in the Hollywood limelight, Allergan, Inc. has enjoyed a […]
Ivy Tsui is a JD Candidate at Osgoode Hall Law School Granting trade-marks to outré elements such as sound, smell, shape, taste, and texture has long been considered unconventional. However, as Professor David Vaver has foreseen, today’s “unconventional” trade-marks may become the “conventional” trade-marks of tomorrow.[1] In recent years, the practice of trade-marking sounds has […]
Nathan Fan is a JD Candidate at Osgoode Hall Law School “Few things are more important to the future of the American economy and job creation than protecting our intellectual property”, said Senator Patrick J. Leahy while introducing the Combating Online Infringement and Counterfeits Act (COICA) to the U.S. Senate on September 20, 2010. Aimed […]
Leslie Chong is a JD Candidate at Osgoode Hall Law School The Queen’s Bench for Saskatchewan has ruled in Wira v. Jubilee Enterprises Ltd. that The Executions Act in their province does not allow for the seizure of copyright and trademarks from judgment debtors. This decision runs contrary to the longstanding precedent set in the […]
Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business Facebook, whose 500 million users make it the world’s largest social network, is engaged in several intellectual property disputes. While the company has, at times, adopted more defensive stances (see, eg, here and here), it has now started to […]
When one approaches the self-serve fountain drink machine at any given fast-food joint, it is usually safe to expect that the liquid beverage sputtering out of the “Coca-Cola®” nozzle would indeed be filling your cup with a Coca-Cola® product. But would one expect the same brand name association to be upheld in the restroom? In […]
Vincent Doré is a JD/MBA candidate at Osgoode Hall Law School and Schulich School of Business. In a recent trademark dilution case, Ninth Circuit Chief Judge Alex Kozinski wrote an eloquent opinion that clearly and explicitly delineates where ordinary use ends and dilution begins. The question in this recent Ninth Circuit case (Visa Int’l Serv. […]