Commercializing the Personalities of the Dead: The Dangers of the Posthumous Market

Branding Names: from Air Jordan to Linsanity and Trump Toilets

2016 was a winning year for Western trademarks in China. It produced an unprecedented number of decisions – two, to be exact – in which China won praise for protecting foreign trademarks, affirming intellectual property rights, and developing a friendlier environment for international businesses. The only loser was trademark law itself, as the two decisions […]

Dating Sites Scrape Internet for Women’s Photos, Including Those of Deceased

Dubious and likely illegal image scraping is alive and well. And outside of particularly public, harmful cases like Rehtaeh Parsons’ photo ending up on a dating site, few organizations or governments seem to be effectively coordinating to stop the practice.

Canadians Make Their Mark on Global Guide for Museum IP

The World Intellectual Property Organization (WIPO) has updated its Guide on Managing Intellectual Property for Museums, with two Canadians playing major roles in the Guide’s creation.

EA Loses Battle to Put Athlete’s Likeness in Video Game

In a victory for athletes specifically, and proponents of personality rights generally, the US Ninth Circuit Court of Appeal has ruled against Electronic Arts (EA) in its use of former college quarterback Sam Keller’s likeness in the NCAA Football video game series. This news has costly implications for EA.

Long live Einstein...?

In the recent decision The Hebrew University of Jerusalem v. General Motors LLC, the US District Court of the Central District of California ruled that Albert Einstein’s publicity rights  now belong to the public domain given that more than 50 years have passed since his death in 1955.

Soccer Star, Wayne Rooney, Fired His Agent, but Still has to Pay the Agency Continuing Commissions

Brent Randall is a JD candidate at the University of Ottawa. Proactive Sports Management Ltd., the former agency of English soccer star Wayne Rooney, was recently granted leave to appeal a decision of the High Court regarding the payment of commissions from an image-rights agreement between Proactive and Mr. Rooney.

Some (Still) Like It Hot: Marilyn Monroe’s Publicity Rights Sold For Millions

Leslie Chong is a JD candidate at Osgoode Hall Law School. Nearly 50 years since the iconic platinum blond actress’ death, her name still epitomizes Hollywood glamour and beauty around the world. The timelessness of her name and image has led Jamie Salter, a Toronto-based businessman who runs Authentic Brands Group in New York City, […]

Senatorial Pursuit – Copyright Infringement Edition

Tiffany Wong is a JD Candidate at Osgoode Hall Law School Harry Reid, the Senate Majority Leader from Nevada, is struggling in his bid for re-election against Sharron Angle, a Republican endorsed by the Tea Party Express. Alongside the usual political mudslinging, the two are also embroiled in an intellectual property battle. Angle once had […]

A Good Ad is Hard to Find…Especially One that is Non-infringing

Brandon Evenson is a JD candidate at Osgoode Hall Law School. Most advertisements are disappointing. They suffer from gimmicky jingles, exaggerated punchlines, and fake endorsements. Yet every once-in-a-while there comes an ad that is witty, sophisticated, and original. Such an ad, more often than not, parodies popular culture.  But what happens when the ad runs […]