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Trademarks

Tiffany and Co. loses appeal against eBay

George Nathanael is a JD candidate at Osgoode Hall Law School. On April 1st the U.S. Court of Appeals for the Second Circuit decided in favour of eBay (for the most part) in their case against Tiffany and Company. The case revolved around the advertisements that eBay had placed for Tiffany jewellery being sold on […]

Beat the Cybersquatter as “.co” Domain Names Open Up

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. The “.co” domain name has long been a favourite of cybersquatters and typosquatters alike, individuals who profit off the misdirection of online traffic/consumers who intend to visit a specific brand’s online space [for example, […]

ECJ rules: Google not liable for trademark infringement in AdWords service

Nathan Fan is a JD candidate at Osgoode Hall Law School. On March 23, 2010, the European Court of Justice (ECJ) released its long-awaited decision over Google’s sale of trademark keywords in its AdWords service and the resulting litigious skirmish with various trademark owners in France (this French skirmish was covered in a previous IPilogue […]

Vuitton Attempts Slam Dunk on Hyundai over Super Bowl Ad

Alexander Gloor is a JD candidate at Osgoode Hall Law School. Fashion powerhouse Louis Vuitton has sued car maker Hyundai for trademark infringement stemming from a Super Bowl advertisement. Before reading on, try and spot the alleged infringement. If you paid attention, you may have noticed the design on the basketball, appearing for all of […]

The Linguistic and Trust Functions of Trademarks

Ariel Katz is an Associate Professor at the Faculty of Law of the University of Toronto. Ariel holds the Innovation Chair in Electronic Commerce and is the Director of the Centre for Innovation Law and Policy of the University of Toronto. Modern trademark scholarship and jurisprudence view trademark law as an institution aimed at improving […]

Neither Fish Nor Fowl – Trade-mark and Copyright Protection for Titles

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 suitable name for an entertainment project can be critical to its success and can even enhance the aesthetic effect of the overall work.  In […]

“Confusingly Similar” and Domain Names

Virgil Cojocaru is a JD candidate at Osgoode Hall Law School Groovle.com allows a user to adopt one of their custom interfaces or create a ‘website’ with a unique background. This result is then pasted on the Google search screen. Groovle really operates on top of the Google search engine. When one enters a keyword, […]

Ambush! Lululemon Scores on VANOC

Stuart Freen is a JD candidate at Osgoode Hall Law School. Vancouver-based yoga sportswear company Lululemon introduced a new line of national-flag themed clothing late last month, just in time for the 2010 Olympics. The new line of sweatshirts, tuques, and t-shirts features the colours of Canada, the United States, Germany and Sweden and is cheekily […]

Top Intellectual Property and Technology Stories of 2009

2009 was a significant year for developments in the area of intellectual property and technology.  We have put together a brief list of noteworthy news, events and cases that we have covered this past year.  Many of these items received top mainstream news coverage and were closely watched by the Canadian public.  We are also […]

Is a Re-Brand of the Canadian Trade-marks Act Imminent?

Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. CIPO’s Consultation In an effort to maintain “a modern and efficient trade-marks regime” that is globally competitive, the Canadian Intellectual Property Office (“CIPO”) is re-considering whether Canada should ratify the Madrid Protocol.  CIPO last […]