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Don’t Shoot The Messenger - Authors Guild v. Google, Inc.

Jim Bouton, one of the designated hitters represented by the Authors Guild took another swing at Google Books services program in the United States Court of Appeal (2nd Circuit) (“the Court”). The Court rejected the copyright challenge brought forward by the Authors Guild and concluded that Google’s activities were transformative in nature and thus fell […]

IP Osgoode Speaks Series Video: Dr. Matthew Rimmer

IP Osgoode would like to thank everyone who attended Dr. Matthew Rimmer’s lecture entitled “The Trans-Pacific Partnership: Copyright Law, the Creative Industries, and Internet Freedom” on October 8, 2015 at Osgoode Hall Law School.  The audio-recording of the lecture is available here. To read the IPilogue's blog and commentary about the lecture, click here.

Is Google “Feeling Lucky” at the Supreme Court?

  At the Supreme Court of Canada, Google Inc. will be searching for a more favourable ruling than it got at the Court of Appeal for British Columbia in Equustek Solutions Inc. v. Google Inc. The appeal stems from the BC Supreme Court’s granting of an injunction requiring Google to de-index certain websites from its […]

IP Osgoode Speaks Series Featuring Prof. Matthew Rimmer

The Trans Pacific Partnership: Copyright Law, the Creative Industries and Internet Freedom In a timely manner, only three days after the announcement of the conclusion of negotiations on the Trans-Pacific Partnership Agreement (TPP), Prof. Matthew Rimmer accepted our invitation and shared few of the hidden secrets behind the agreement as part of IP Osgoode speaks […]

The View Ahead for Software Patent Applications: USPTO Releases Update to Guidance on Patent Subject Matter Eligibility

This article is cross-posted with permission from Bereskin & Parr. The United States Patent and Trademarks Office (USPTO) has released an updated set of Eligibility Examination Guidelines to provide guidance to examiners on when to reject claimed inventions as ineligible abstract ideas. These guidelines give a sense of what computer-implemented subject matter the USPTO considers […]

H&M sues Forever 21? Beach Please!

In an interesting twist, arguably the two most common fashion design piracy defendants are pitted against each other. H & M Hennes & Mauritz AB (“H&M”) has issued a complaint against Forever 21, Inc., in the US District Court Southern District of New York. Below is a comparative image of the tote bags at issue:

Reporters’ Privilege: Comparative Perspectives and New Technologies Challenges

The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. The reporter’s privilege of protecting the identity of his sources, takes origin from the need to preserve the bases of a democratic society. Protection of journalistic sources is strictly connected with a […]

Will Google’s Alphabet Begin with B-M-W?

“A, B, C,…as easy as 1, 2, 3?” That remains to be seen. BMW may be driving Google down a bumpy road named Trademark-Infringement Lane, after Google surprised everyone on August 10th with the creation of a new company, Alphabet. I say this because the trademark “Alphabet” and the domain name alphabet.com are currently owned by German automobile-manufacturer BMW. Following the announcement, BMW reportedly […]

When Choosing the Street (Art) Life Leads to the Court Life Choosing You

After Starbucks, American Eagle and Roberto Cavalli, it is now Moschino and its designer Jeremy Scott’s turn (yes, again) to face the latest street art copyright infringement case. Joseph Tierny — a New York artist commonly known as Rime — is accusing Moschino and Scott of “inexplicably plac[ing] [his] art on their highest-profile apparel without his knowledge […]

Kimble v Marvel gets caught up in SCOTUS's web

United States Supreme Court Justice Elena Kagan is a fan of comics. If you had not already read that in her bio at SCOTUS-tracking blog Supreme Court Review, you might have inferred it from the Spiderman references she included in her Kimble v. Marvel ("Kimble") decision. She even supported her final decision, declining to overturn the limits […]