Archive for the ‘Trademarks’ Category

Protecting Trade-mark Distinctiveness: The Risk of Dilution as Illustrated by the Genericism of Geographical Indicators

Sunday, March 23rd, 2008

The proposition that consumers are confused by the use of geographical indicators (GIs) by producers other than those from the specified geographic region is arguably a weak one. Evidence that GIs have become generic terms in many countries bolsters this argument because consumers generally do not consider generic marks to ...

Protection of famous marks in Canada

Tuesday, March 18th, 2008

In late 2007, Virgin Enterprises successfully opposed the registration of “VIRGIN CANDLES” in Israel. The applicant sought to register the TM in association with candles. The Israel Patent and Trademark Office accepted that because Virgin is a famous TM and had a large range of products and widespread ...

Appreciating Depreciation (or how I learned to love s. 22 of the Trademarks Act)

Monday, March 10th, 2008

Editor's Note: On Monday, March 10, 2008, Prof. Lametti delivered the lecture archived here. Thanks for those of you who joined us! If you are unable to see the video above, please use the following link to open Windows Media Player on your computer: Link Bio: David Lametti is ...

GIs: New World Countries Must Bargain

Sunday, March 2nd, 2008

Geographical Indicators are terms used to define names that are affixed to predominantly agricultural products (although GIs are also used for other products such as crafts and jewellery, this kind of use is less common) originating from specific geographical regions where these products are grown and manufactured and from which ...

The Battle over the Rights to “Zombies in a Mall”

Thursday, February 28th, 2008

When asked to think about the pop-culture zombie genre, classics such as George A. Romero’s 1979 film “Dawn of the Dead” (and its 2004 remake) and Peter Jackson’s 1992 creation “Dead Alive” come to mind. After all, the storylines read typically: man battling the undead for ultimate survival. Joining the genre ...

All Mixed Up: Scrabulous and the Realpolitik of IP

Wednesday, January 30th, 2008

In 2005, two brothers in Kolkata, India launched Scrabulous, an online implementation of the board game Scrabble. With a few thousand regular players, it wasn’t about to replace World of Warcraft in the annals of online gaming. But in 2007, they took the suggestion of a regular ...

Europeans Crush “California Champagne”

Monday, January 28th, 2008

Its not often that a small country like Belgium would have the bravado to take on the world's superpower. But earlier this year David literally crushed Goliath in a geographical indicators dispute between the old and new worlds. It was reported on January 10, 2008 that 3,200 bottles of André sparkling ...

Olympic Mark Protection Overkill: One Step Removed From Official Mark Protection and Two Steps Removed From Standard Trademark Protection

Wednesday, November 14th, 2007

In response to a request from the Vancouver Organizing Committee (VANOC) for additional trademark legislation related specifically to the Olympic and Paralympic 2010 Winter Games, the Canadian government proposed Bill C-47, The Olympic and Paralympic Marks Act, which received Royal Assent on June 22, 2007 and is now awaiting its ...

Hilton v. Hallmark: What Would Happen in Canada?

Wednesday, November 14th, 2007

Paris Hilton has filed a federal lawsuit over a U.S. $2.49 Hallmark greeting card that uses a photograph of the heiress and her trademarked phrase "That's Hot." Ms. Hilton is seeking at least U.S. $500,000 in actual damages and a permanent injunction barring Hallmark from further exploitation of her name ...

Domain Name Dispute Processes – What is the preferable procedure?

Tuesday, November 13th, 2007

Since the advent of the Internet in the early 1990s, domain name registration has provided a constant source of dispute. On the one hand, you have people who are merrily registering domain names of their choosing; on the other hand, you have trademark holders who are frowning at the fact that their most ...