Dan Whalen is a JD candidate at Osgoode Hall Law School. Electronics giant LG obtained a preliminary injunction from the Civil Court of Justice in the Hague barring the import of Sony’s PlayStation 3 (PS3) gaming console into the European Union. While it is only the latest escalation of the two companies’ intellectual property standoff, […]
Dan Whalen is a JD candidate at Osgoode Hall Law School Digital-age Beatlemaniacs were feeling fine when Apple Inc. recently announced that its iTunes Store would finally have the band’s catalogue available for purchase. Though widely lamented, the delay has not generally been questioned in light of other industry grievances with iTunes, such as ubiquitous […]
Robert Dewald is a JD Candidate at Osgoode Hall Law School Online keyword advertising, using internet search engines such as Google and Yahoo!, continues to be a highly contentious area of the law. Litigation involving trademark infringement by competing companies in keyword advertising campaigns continues in Canada and around the world. In Canada, it appears […]
Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Professors Mark A. Lemley and Mark P. McKenna have identified an area of American trademark law that has, in their opinion, received insufficient attention: the “free-rider” argument. This argument contends that trademark owners should be protected from parties that […]
Robert Dewald is a JD Candidate at Osgoode Hall Law School Technology plays an important role in today’s educational institutions by providing easy access to and distribution of music, art, literature and other information that forms the foundation of a person’s education. Yet the innovation and technological advances that have created powerful teaching tools, such […]
Nathan Fan is a JD candidate at Osgoode Hall Law School. U.S. District Court Judge Stephen Wilson released a summary judgment on December 21, 2009, finding Gary Fung and his peer-to-peer torrent websites liable for inducing copyright infringement in the U.S. Proceedings against Gary Fung began in 2006, when MPAA members sued Gary Fung and his […]
Ren Bucholz is a JD candidate at Osgoode Hall and is taking the Intellectual Property Theory course. Copyright holders, like musicians, have a knack for riffing on ideas from the past. Consider the many variations of the copyright infringement lawsuit. Every year brings more examples of a rights-holder who hears some element of their song, […]
The U.S. Court of Appeals for the Federal Circuit recently ended much of the controversy surrounding product-by-process claims in Abbott Laboratories v. Sandoz, Inc., but arguably created a new debate in the intellectual property world. The court overruled an earlier panel decision from Scripps Clinic & Research Foundation v. Genetech, Inc., instead following the precedent […]
Catherine Bond is a PhD Candidate at the Faculty of Law, University of New South Wales, Australia. IceTV Pty Limited v Nine Network Australia Pty Limited [2009] HCA 14 In mid-2008, when the High Court of Australia granted special leave to appeal in the copyright case IceTV Pty Ltd v Nine Network Australia Pty Ltd, […]
Although a patent is typically seen as a right to exclude others, the willingness of American courts to automatically provide that right through a permanent or preliminary injunction has been affected by the Supreme Court of the United States in Ebay v. MercExchange (547 U.S. 388 (2006)). In a recent article, Prof. Richard Epstein argues […]