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Procuring By Brand Name: How Practical Is NAFTA?

Mark Kohras is a JD candidate at Osgoode Hall Law School. A recent case just out of the Federal Court of Appeal has posed an interesting question regarding the use of trademarks in procurement orders by the government. The case, Enterasys Networks of Canada Ltd. v. Canada, revolves around numerous complaints made by Enterasys Networks, […]

Friendly Courts And Western Benefactors Support Chinese Piracy

Dan Whalen is a JD candidate at Osgoode Hall Law School. Online file-sharing company Xunlei Limited recently announced that it has indefinitely postponed its initial public offering and NASDAQ listing due to unfavourable market conditions. Although some would claim the setback as a small victory against a leading copyright pirate, inspection of the company’s continued […]

UK Courts Willing To Apply Foreign Copyright Laws In Lucasfilm v. Ainsworth

Matt Lonsdale is a graduate of the Schulich School of Law at Dalhousie University. On July 27, 2011, the UK Supreme Court released its long-awaited decision in Lucasfilm Limited v. Ainsworth. While Andrew Ainsworth is presumably happy with the court’s ruling that the Storm Trooper armour from the Star Wars franchise is utilitarian and does […]

Castaway Damages: Robinson Sucroë v. Robinson Curiosité

Andrew Baker is an LLB/BCL candidate at McGill University Faculty of Law. The Quebec Court of Appeal has recently ruled on the notorious Robinson Sucroë cartoon plagiarism case.  The decision has greatly reduced the remarkable damages awarded by the trial court in 2009, but upholds the finding of liability.

The Federal Court Opines In Bartly: A Final Action Is A Final Action

Amelia Manera is a JD candidate at Osgoode Hall Law School. In Bartly v. Canada (Commissioner of Patents), 2011 FC 873, a recent decision of the Federal Court, Justice Hughes clarifies that a Final Action by the patent examiner indeed means a final action. In other words, a Final Action is where all application objections […]

Hague Court Allows Individual Artistic Expression

Jeffrey O'Brien is a JD candidate at the University of Alberta. Louis Vuitton may not have expected much of a counterattack when it sought to prevent Danish artist Nadia Plesner’s use of the fashion mogul’s recognizable handbags in her pictures, but the civil court at The Hague has recently ruled in her favour.

Could This Headline Be Copyrighted? UK CA Rules On Protection Of Headlines And Extracts

Brent Randall is a JD candidate at the University of Ottawa. England and Wales Court of Appeal ruled on July 27, 2011 that headlines are capable “of being literary works independent of the article to which they relate” and that using article extracts without the author’s permission could constitute copyright infringement of the work.

CIRA Updates .CA Domain Name Dispute Rules

Taylor Vanderhelm is a JD candidate at the University of Alberta. The Canadian Internet Registration Authority (CIRA) has announced that it will be introducing changes regarding domain name disputes under the CIRA Domain Dispute Resolution Policy (CDRP). These changes will help bring the CDRP in line with the Uniform Domain Name Dispute Resolution Policy (UDRP), […]