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Denise Brunsdon

EA Loses Battle to Put Athlete’s Likeness in Video Game

In a victory for athletes specifically, and proponents of personality rights generally, the US Ninth Circuit Court of Appeal has ruled against Electronic Arts (EA) in its use of former college quarterback Sam Keller’s likeness in the NCAA Football video game series. This news has costly implications for EA.

Canada and US Continue to Diverge on Geolocational Privacy

Just because technology now exists to track a person through their mobile phone does not mean you are legally entitled to do so.  This was the main conclusion by the Supreme Court of New Jersey in their unanimous, groundbreaking geolocational privacy decision in State v. Earls.

EU Moving Toward New Trade-Mark Regime

The European Commission has proposed amendments to the Community Trade Mark (CTM) Regulation and Trade Marks Directive. The primary function is to harmonize EU member trade-mark laws. This bureaucratic hygiene aim – which resulted in a mixture of trade-mark rights expansion and contraction – stands in contrast to the current, controversial and (in my opinion) […]

Game of Thones - Piracy is Coming

TorrentFreak has reported that the first episode of HBO’s Game of Thrones season three broke historic download records, with more than a million as of April 1st, 2013. Canada ranked fourth internationally in terms of the highest number of TorrentFreak S3E1 downloads, representing 7.4% of total downloads at the time of reporting.

The copyright claws come out in EU catwalk photo battle

Tout arrive en France, especially for folks following recent intellectual property news. The European Court of Human Rights (ECHR) released a key judgment in January in a case that pitted copyright against freedom of expression.

Equitable Copyright on The Table

A recent Ontario Superior Court ruling has attracted the attention of the copyright law community. On January 24th Master Abrams allowed the Delta Hotels v. Backus-Naur et al. motion pleading equitable ownership of copyright, an equity doctrine in many Commonwealth countries that is currently not legally recognized in Canada.