“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 […]
What does it mean to be “substantial”? No, this is not the kind of question that requires a long reflective look in the mirror (unless that’s your thing...I’m more of the “stare into a sunset pensively” type), but it is the kind of question the Copyright Board recently tried to answer in its May 23rd decision: Access […]
In the words of Taylor Swift, Joss Whedon is probably singing: "Are we out of the woods yet?" On April 13th, author Peter Gallagher (no, not the actor known for playing a cool dad on The O.C.) hit Whedon – director and producer of The Avengers and Buffy the Vampire Slayer – with a massive copyright […]
On March 16th, the Supreme Court of Canada (SCC) heard oral arguments in CBC v SODRAC . The SCC granted leave to appeal from the Federal Court of Appeal (FCA) decision back in September, which originally stemmed from a 2012 Copyright Board (the “Board”) decision. The issue centers on whether broadcasters should be required to pay […]
On Thursday September 18th, IP Osgoode presented the first talk of its IP Osgoode Speaks Series for the 2014-2015 academic year. Visiting from the University of Oxford, Professor Graeme B. Dinwoodie challenged a room full of eager listeners with his lecture entitled “Territoriality of Trade Marks in a Post-National Era.” For two hours Professor Dinwoodie captivated […]
A landmark ruling on Friday August 8, 2014 determined that the National Collegiate Athletic Association (the “NCAA”) can no longer stop its athletes from selling the rights to their own names, likenesses, and images. As such, major college student-athletes in men’s football and basketball could walk away from their locker rooms with gym bags full of […]
Marvel may have to call in The Avengers for help with this one. The comic giant filed papers on July 14th arguing to the U.S. Supreme Court that it should not review the Second Circuit appeal court's decision in Marvel Characters, Inc. v Kirby. The case concerned whether the estate of legendary comic book artist Jack Kirby […]
The football field is for helmets not headdresses. In the much talked about June 18, 2014 decision in Blackhorse v Pro Football, Inc. the United States Patent and Trademark Office (USPTO) made a clear statement that culturally-insensitive trademarks would not be tolerated. The Trademark Trial and Appeal Board (TTAB) decided to cancel six federal trademark […]
And so the sparring will go another round. On May 19th the United States Supreme Court delivered its decision on Patrella v Metro-Goldwyn-Mayer, allowing Paula Petrella to pursue her copyright infringement claim against MGM Studios despite her decision to wait 18 years to file suit. As a result, the Supreme Court has essentially informed the […]
Has Amazon, the hero of online shopping and home of the Kindle, become the newest provider of pay-per-view porn? According to WREAL, the company behind the adult entertainment streaming device and website FyreTV®, this is just a taste of the confusion apparently created by the launch of Amazon’s similarly named Fire TV. Consequently, attorneys on […]