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IP

State Farm v. Privacy Commissioner of Canada: The Scope of Commercial Activity in PIPEDA

Steven Zuccarelli is a 2012 J.D Candidate at Osgoode Hall Law School In State Farm v. Privacy Commissioner of Canada, the Federal Court was asked to decide whether an individual injured in a car accident had the right to obtain their personal information collected by a private investigator employed by the insurer of the individual […]

Whose line is it anyway? IP Norms in Stand-Up Comedy

Nathan Fan is a JD candidate at Osgoode Hall Law School The lights are dim and a sea of chatter envelopes the venue’s impatient audience. A spot light suddenly snaps into action – a beacon calling for attention that silences the crowd. The opening act strolls confidently to centre stage. With microphone in hand, the […]

A Line in the Sand is Drawn: Trademark Dilution or Ordinary Use?

Vincent Doré is a JD/MBA candidate at Osgoode Hall Law School and Schulich School of Business. In a recent trademark dilution case, Ninth Circuit Chief Judge Alex Kozinski wrote an eloquent opinion that clearly and explicitly delineates where ordinary use ends and dilution begins. The question in this recent Ninth Circuit case (Visa Int’l Serv. […]

Keyword Advertising: When are competitors allowed to use your trademark?

Robert Dewald is a JD Candidate at Osgoode Hall Law School Online keyword advertising, using internet search engines such as Google and Yahoo!, continues to be a highly contentious area of the law.  Litigation involving trademark infringement by competing companies in keyword advertising campaigns continues in Canada and around the world.  In Canada, it appears […]

Henley v. DeVore: Musical Copyright Protection and Political Parody

Robert Dewald is a JD Candidate at Osgoode Hall Law School The race for political office is competitive and fraught with risk where adversaries seek out support by advertising and creating political platforms to appeal to the majority of voters.  As the cost of political campaigns mount, politicians on the campaign trail seek advantages whenever […]

Viacom v. YouTube: U.S. District Court sides with YouTube

Nathan Fan is a JD candidate at Osgoode Hall Law School. The Southern District Court of New York has sided with YouTube in a decision released on 23 June 2010. In his summary judgment, Judge Louis Stanton held that YouTube qualified as a “service provider” operating within the confines of the DMCA § 512 safe […]

Bill C-32 – An Anticipatory Requiem for What We’ll Lose

Bob Tarantino is a lawyer in the Entertainment Law Group of Heenan Blaikie LLP. He holds graduate degrees in law from Osgoode Hall Law School and the University of Oxford. There are hopefully few who would object to efforts to simplify or make shorter the Copyright Act (Canada) – any piece of legislation which boasts […]

High Technology Entrepreneurs and the Patent System

Pamela Samuelson is the Richard M. Sherman ‘74 Distinguished Professor of Law and Information at the University of California at Berkeley. Researchers affiliated with the Berkeley Center for Law & Technology--Rob Merges and Pam Samuelson of Berkeley Law School, Ted Sichelman of University of San Diego Law School, and Stu Graham of the Georgia Institute […]

Bill C-32: The Rights of Photographers and Performers

Nathan Fan is a JD candidate at Osgoode Hall Law School. Everyone wants a piece of the copyright pie. Professional photographers and performers have felt, for some time, that they have been undercut in their entitlement to an equal slice of the rights pie and receive second-rate portions compared to their other creator siblings. With […]

Online Keyword Advertising: Misleading Customers? Or Providing Alternatives?

Robert Dewald is a JD Candidate at Osgoode Hall Law School Online advertising is a growing and lucrative business.  In 2009, $22.7 billion USD was spent on online advertising within the U.S. which is projected to grow to $25.1 billion USD by 2010.  A significant amount of this revenue is generated by Google, Yahoo and […]