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Trademarks

Olympic Legislation Compromises Free Speech and Procedural Fairness

In its October 25th, 2006 Annual Report, the Vancouver Organizing Committee (VANOC) announced its intention to implement special legislation to protect the Olympic brand and to prevent ambush marketing of its sponsors for the period leading up to the 2010 Winter Olympics. As a result, on June 22, 2007, Bill C-47, the Olympic and Paralympic […]

UDRP- Misunderstood?

The Uniform Dispute Resolution Process (UDRP) established by the Internet Corporation for Assigned Names and Numbers (ICANN) has attracted comment from people ranging from specialists in the field to the average curious mind wanting to be heard. In his comment, Oscar S. Cisneros while acknowledging the advantages of setting up a dispute resolution process in […]

Hilton Not Hot on Hallmark

Paris Hilton filed a complaint against Hallmark on September 6, 2007 for the greeting card pictured above. Hilton alleges Hallmark knowingly and without her consent (i) commercially appropriated her identity; (ii) invaded her privacy by using her name and likeness; (iii) misappropriated publicity, and; (iv) falsely represented that the card was associated with her or […]

J&J suing the American Red Cross over use of emblem – is that obscene?

For more than a decade one of the world’s most recognized emblems – the red cross on a white background – has been shared amicably between the commercial giant health care company, Johnson & Johnson (J&J), and the non-profit help organization, American Red Cross (ARC). J&J has used the symbol on its commercial products and […]

Red Cross sued over use of emblem

As I understand it, the American Red Cross (“ARC”) licensed its mark to companies (to be used on emergency/safety kits) for a fee which went to fund its disaster-response efforts. Johnson & Johnson (“JnJ”) is suing the ARC and its licensees over its use of the mark which it claims it has had exclusive rights […]

Nissan v. BMW: ‘M’ wars heading to SCC?

After a see-saw battle at the Federal Court and Federal Court of Appeal, this trade-mark battle between the two automotive manufacturers may be coming to the Supreme Court of Canada. BMW has filed for an application for leave to appeal. Facts BMW has, for decades, used the letter ‘M’ in conjunction with various numbers to […]