Geographical Indicators are terms used to define names that are affixed to predominantly agricultural products (although GIs are also used for other products such as crafts and jewellery, this kind of use is less common) originating from specific geographical regions where these products are grown and manufactured and from which they derive their quality and […]
When asked to think about the pop-culture zombie genre, classics such as George A. Romero’s 1979 film “Dawn of the Dead” (and its 2004 remake) and Peter Jackson’s 1992 creation “Dead Alive” come to mind. After all, the storylines read typically: man battling the undead for ultimate survival. Joining the genre is the popular video […]
In 2005, two brothers in Kolkata, India launched Scrabulous, an online implementation of the board game Scrabble. With a few thousand regular players, it wasn’t about to replace World of Warcraft in the annals of online gaming. But in 2007, they took the suggestion of a regular player and spent just ten days writing a […]
Its not often that a small country like Belgium would have the bravado to take on the world’s superpower. But earlier this year David literally crushed Goliath in a geographical indicators dispute between the old and new worlds. It was reported on January 10, 2008 that 3,200 bottles of André sparkling wine from California were […]
In response to a request from the Vancouver Organizing Committee (VANOC) for additional trademark legislation related specifically to the Olympic and Paralympic 2010 Winter Games, the Canadian government proposed Bill C-47, The Olympic and Paralympic Marks Act, which received Royal Assent on June 22, 2007 and is now awaiting its coming into force by the […]
Paris Hilton has filed a federal lawsuit over a U.S. $2.49 Hallmark greeting card that uses a photograph of the heiress and her trademarked phrase “That’s Hot.” Ms. Hilton is seeking at least U.S. $500,000 in actual damages and a permanent injunction barring Hallmark from further exploitation of her name and likeness. Although this case […]
Since the advent of the Internet in the early 1990s, domain name registration has provided a constant source of dispute. On the one hand, you have people who are merrily registering domain names of their choosing; on the other hand, you have trademark holders who are frowning at the fact that their most obvious domain […]
Celebrity “news” programs seem to fill the channels on our televisions at all times of the day. Magazine racks are weighted down with the latest celebrity gossip. Companies regularly hire celebrity spokespersons to “hawk their wares” in infomercials and advertisements. Is it any wonder that these celebrities are determined to control the use of their […]
Am I being naïve? I hope not. I sincerely hope that I am not being naïve believing in the fairness and equity of the law, and believing that the courts are actually being just – especially when they judge in cases involving humanitarian organizations such as the Red Cross. The company Johnson and Johnson, the […]
In the article “ICANN’t Believe That Domain Name,” Wired’s Oscar S. Cisneros details some of the issues and concerns surrounding the current process of resolving disputes between trademark holders and the owners of Internet domain names. This comment will briefly outline the dispute resolution process described in the article before arguing that the current system […]