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Trademarks

Keyword Advertising: When are competitors allowed to use your trademark?

Robert Dewald is a JD Candidate at Osgoode Hall Law School Online keyword advertising, using internet search engines such as Google and Yahoo!, continues to be a highly contentious area of the law.  Litigation involving trademark infringement by competing companies in keyword advertising campaigns continues in Canada and around the world.  In Canada, it appears […]

Trademark Ownership: The Legitimacy of the “Free-Rider” Argument and its Significance in Canadian Jurisprudence

Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Professors Mark A. Lemley and Mark P. McKenna have identified an area of American trademark law that has, in their opinion, received insufficient attention: the “free-rider” argument. This argument contends that trademark owners should be protected from parties that […]

Online Keyword Advertising: Misleading Customers? Or Providing Alternatives?

Robert Dewald is a JD Candidate at Osgoode Hall Law School Online advertising is a growing and lucrative business.  In 2009, $22.7 billion USD was spent on online advertising within the U.S. which is projected to grow to $25.1 billion USD by 2010.  A significant amount of this revenue is generated by Google, Yahoo and […]

Interbrand released its 2010 Report on Best Canadian Brands

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. Introduction Interbrand, a well reputed international company whose modus operandi is to analyze global brands, has recently released its bi-annual report on “Best Canadian Brands 2010”.  Interestingly, despite the volatile and contentious economic climate […]

European Trademark Law v The Truth?

Michael John Long is an LLM Candidate advancing to the PhD at Osgoode Hall Law School Lord Justice Jacob, sitting for the England and Wales Court of Appeal, recently stated in his ruling that he was obligated to award L’Oreal (the cosmetics giant behind ‘Because You’re Worth It!’) victory in the high profile trademark infringement […]

Trade-Mark Appeal before the Supreme Court of Canada

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. For the first time since 2006, the Supreme Court of Canada (“SCC”) has been asked to clarify on important trade-mark law principles.  The Supreme Court of Canada  has granted leave to hear an appeal […]

“Bad Faith” Decisions Bad News for Trade-mark Applicants?

Jeffrey Vicq is a member of Clark Wilson LLP’s Technology & Intellectual Property Group.  He regularly writes about Canadian trade-mark issues on the Canadian Trademark Blog.     Those of us who provide trade-mark prosecution and counselling services—and particularly those of us who work with clients that have multi-national trade-mark portfolios—know that clients are sensitive […]

Scotiabank Loses Domain Name Dispute

Zak Muscovitch is the principal of The Muscovitch Law Firm, in Toronto, Canada. He is a veteran domain name lawyer having represented numerous domain name owners from all over the world in disputes and transactions since 1999.   Banking errors always seem to be in favour of the bank, however in this particular case, Scotiabank’s […]

Cindy, Incidentally – The “Incidental Inclusion” Exception in Canadian Copyright Law

Bob Tarantino is a lawyer in the Entertainment Law Group of Heenan Blaikie LLP. He holds graduate degrees in law from Osgoode Hall Law School and the University of Oxford. A filmmaker films an individual walking down a city street, past a convenience store.  The camera captures, among others, two things: an advertisement consisting of […]

A Good Ad is Hard to Find…Especially One that is Non-infringing

Brandon Evenson is a JD candidate at Osgoode Hall Law School. Most advertisements are disappointing. They suffer from gimmicky jingles, exaggerated punchlines, and fake endorsements. Yet every once-in-a-while there comes an ad that is witty, sophisticated, and original. Such an ad, more often than not, parodies popular culture.  But what happens when the ad runs […]