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Canada

Re:Sound Not Soundly Defeated Just Yet

Brent Randall is a JD candidate at the University of Ottawa. On September 8, 2011, the Supreme Court of Canada granted leave to appeal in the Federal Court of Appeal case of Re:Sound v. Motion Picture Theatre Associations of Canada, et al. The copyright case will be heard by Canada’s highest court along with four […]

High Award For "Queen Of Tarts" On Default Judgment In Trade-mark Infringement Case

Taylor Vanderhelm is a JD candidate at the University of Alberta. The Federal Court of Canada awarded significant damages in a Pick v. 1180475 Alberta Ltd. et al. 2011 FC 1008, a suit for trade-mark infringement on August 18, 2011. The trade-mark in question was “The Queen of Tarts,” owned by Stephanie Anne Pick of […]

Justice Rothstein Finds US Patent Standard Neither Clear Nor Convincing

Brent Randall is a JD candidate at the University of Ottawa. Justice Marshall Rothstein of the Supreme Court of Canada recently spoke at the American Bar Association’s Intellectual Property Law Luncheon held on August 6, 2011, in Toronto. His speech was largely focused on how the Supreme Court of Canada may arrive at different conclusions […]

A “Charter Rights First” Approach To The Intersection Of Freedom Of Expression And Copyright

Graham Reynolds is an Assistant Professor in the Faculty of Law at Dalhousie University in Halifax, Nova Scotia, Canada, and an IP Osgoode Research Affiliate. Recent legislative developments in Canada and the United Kingdom (UK) have raised concerns that expansions in copyright protection may negatively impact freedom of expression rights. In June 2010, the Canadian […]