Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP Group of a large Vancouver law firm. In 2006, the Supreme Court of Canada released its decision in the case of Veuve Clicquot Ponsardin, Maison Fondee en 1772 v. Boutiques Cliquot Ltee, 2006 SCC 23 (“Veuve Clicquot”), in which the maker of the […]
Sanjukta Tole is an Osgoode Hall alumnus and practiced with the IP group of a large Vancouver law firm. In 2008, Louis Vuitton Malletier S.A. and Louis Vuitton Canada Inc. (collectively “LV”), the famous luxury goods maker, made headlines when it was awarded damages of over $1,000,000, the highest amount ever awarded in a counterfeit […]
Graeme Dinwoodie is a Professor of Law at the Chicago-Kent College of Law and is an IP Osgoode Research Affiliate. The well-known marks doctrine provides an exception to the general rule of territoriality and will protect a foreign mark that is well-known but not used in the United States. Although it has long been assumed that […]
On Thursday, December 11, as part of the IP Osgoode Speaks series, Jason J. Kee, the Director of Policy & Legal Affairs for the Entertainment Software Association of Canada (ESAC) gave a talk on intellectual property issues in the computer and video gaming industry. The event, held downtown Toronto at Ogilvy Renault’s office, provided lawyers […]
According to a recent decision by a WIPO arbitration panel, an original manufacturer may not have an infringement complaint when an unauthorized dealer’s domain name contains the manufacturer’s trademark. Although there has been some criticism of the ruling, the decision appears to provide a balanced result. This high-impact ruling was a result of a complaint brought […]
Limoncello is a generic term for a type of Italian lemon liqueur. However, in Shaker di L. Laudato & C. Sas v. OHIM, the (European) Court of First Instance held that Shaker’s design mark, which prominently featured the word ‘Limoncello’, was confusing with the earlier Spanish word mark ‘Limonchelo’. The Court reached this decision by […]
We live in an economy where manufacturers constantly strive to protect and increase their market share. Strategic intellectual property protection can be a great way to ensure product exclusivity, but can, and should, a single product enjoy several different forms of IP protection? One area where this overlap can occur is between industrial designs and […]
Google has become a well known name in the world of IP lawsuits. Just before Google got a chance to settle the huge lawsuit over ‘book scanning’, it was faced with yet another one. This recent lawsuit comes from the marketing professor at the Harvard School of Business, Benjamin G. Edelman, who is suing with […]
In a recent crackdown against a notorious motorcycle gang, the Mongols, a California district court judge has decided to strip away the gang’s right to use its registered trademark name. The forfeiture of the trademark is believed by Assistant U.S. Attorney Steven Welk to allow authorities to stop gang members and their affiliates on the […]
Steve Lohr’s article “A New Battle is Beginning in Branding for the Web” highlights the trade-mark issues that are emerging in response to the ever expanding realm of internet technology. As David Vaver explains, trade-marks exist “to identify the trade source of products and services to potential customers.” However, as Lohr points out, those products […]