Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. Professor Emir Aly Crowne-Mohammed and Yonatan Rozenszajn argue in their article, DRM Roll Please: Is Digital Rights Management Legislation Unconstitutional in Canada? that the Digital Rights Management (DRM) Provisions in Bill C-61 are ultra vires (Latin for "beyond the powers") of Parliament’s power under […]
Stuart Freen is a JD candidate at Osgoode Hall Law School. Good news for IP lovers who want to get their fix of policy debate at the gym or in the car: The Intellectual Property Colloquium podcast is for you. Based out of UCLA, the monthly downloadable program is hosted by law professor Doug Lichtman […]
Jonathan MacKenzie is an LLM candidate at Osgoode Hall and is taking the Intellectual Property Theory course. Since its first significant formal uses - in the 1896 decision of Singer v. June and the United States' 1909 Copyright Act - the term "public domain" has become a key component of the North American IP legal regime. […]
Brian Chau is a JD candidate at Osgoode Hall Law School. Given the essential role that entrepreneurs play in driving the economy, there is no question that the creation of patent laws must take into account the protection of their interests. From a small business perspective, patents play a large role not only in helping protect their inventions […]
Daniel Kennedy is a JD Candidate at Osgoode Hall and is taking the Intellectual Property Theory course. Like many words, “authorship” takes on distinct meaning in the realm of copyright law. However, it may be difficult to divorce historical values associated with the term even when it is used in the legal realm. In his article, “Copyright and […]
Alex Gloor is a JD Candidate at Osgoode Hall Law School. At first glance, the century old doctrine of first-sale seems simple enough. However, as with many other IP doctrines, the digital world has thrown a wrench in this otherwise well-understood principle (see this post on a similar topic). In the case of Vernor v. […]
Virgil Cojocaru is a JD candidate at Osgoode Hall Law School. ‘The Long Tail’, written by Chris Anderson refers to the alleged effect of online stores such as Netflix appealing to smaller niches. Individually these niches do not yield a large profit, but collectively (hence the long part) they can provide a handsome reward. Some […]
Nathan Fan is a JD candidate at Osgoode Hall Law School. America’s favourite hotel heiress Paris Hilton can now proceed with her litigation against Hallmark Cards over the unauthorized use of her picture and catchphrase “That’s hot”, according to a recent decision by the U.S. Court of Appeals for the Ninth Circuit. Paris Hilton, who […]
Brandon Evenson is a JD candidate at Osgoode Hall Law School. A recent case in the US has sent a clear message to US Internet Service Providers (ISPs) that they can be liable for secondary trade-mark infringement. All that is required is that the ISP knows or ought to have known that their customers were […]
Alex Gloor is a JD Candidate at Osgoode Hall Law School. A recent District Court decision out of California dismissed the case of NFL Hall of Fame player Jim Brown against video games giant Electronic Arts (EA), producers of the popular Madden football series. Mr. Brown alleged that EA misappropriated his "name, identity and likeness" […]