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Ipilogue

The IPilogue is IP Osgoode’s online journal of IP Law and Technology. It publishes analysis and commentary on current pressing intellectual property, technology, privacy and related legal issues. The IPilogue features curated contributions from students, scholars, and experts within the Osgoode community, from our network of affiliated researchers and partners, as well as from professionals and scholars in disciplines outside of law.

Editor in Chief: Prof. Carys Craig (ccraig@osgoode.yorku.ca)
Submission inquiries: iposgoode@osgoode.yorku.ca


If Twinkies can Survive Nuclear War, They can Survive This

Dec 2, 2012 1 min read
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Hostess, the brilliant minds behind the TwinkieTM, filed for a motion to wind down business operations as the result of being unable to reach an agreement with the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM).  Though the company itself suffered from an inflated cost structure, their trade-marks, which include TwinkieTM, Ding DongsTM and WonderTM (bread), still […]

IP Osgoode Speaker Series: The Honourable Mr. Justice Marshall Rothstein – Reflections on the Supreme Court of Canada 2012 Copyright Decisions

Nov 29, 2012 1 min read
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On November 27th, 2012, IP Osgoode was pleased to welcome The Honourable Mr. Justice Marshall Rothstein of the Supreme Court of Canada to share his thoughts with respect to the 5 important copyright cases (known as the “Copyright Pentalogy”) that he took part in deciding earlier this year.

Quebec Has Some Branding Issues

Nov 27, 2012 1 min read
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The commitment to culture by our Francophone neighbours in Quebec has put their provincial government in the center of a legal battle with 6 major retailers.

Double, Double Toil and [Freedom of Expression] Trouble for Trade-mark Owners in the United States: A Halloween Tale of Trade-marks and Haunted Houses

Nov 25, 2012 1 min read
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On October 24, 2012, a California Court of Appeal released its decision on Winchester Mystery House LLC v Global Asylum Inc, 2012 WL 5243809 (Cal App 6 Dist). The result may be frightful for trade-mark holders in the United States.

Vandals, Remixed: The Copyrightability of “Defaced” Works

Nov 25, 2012 1 min read
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Adam Del Gobbo’s recent post addressed some pertinent issues surrounding remix culture, which is outlined in Professor Lawrence Lessig’s 2008 book, Remix:  Making Art and Commerce Thrive in the Hybrid Economy.

Bushels of Legal Issues for Apple: An Update on How the Tech Giant is Fairing in IP Law Around the World

Nov 24, 2012 1 min read
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Lately, it seems as if every IP law and tech blog one reads has something new to report on one of the countless lawsuits Apple is engaged in around the world. This week was no exception – the biggest splash that Apple made in the news circuit this time around was that Apple had come […]

Subsequent Entry Biologic Litigation Set to Take Off in Canada

Nov 22, 2012 1 min read
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The Canadian pharmaceutical industry is entering a new era as Subsequent Entry Biologic (SEB) litigation begins to emerge in the Canadian pharmaceutical landscape. Biologic drugs are derived through the metabolic activity of living organisms and tend to be significantly more variable and structurally complex then chemically synthesized drugs.

The Stalkers in our Computers - Online Ad Tracking + Privacy

Nov 21, 2012 1 min read
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On 17 February, 2012 the Wall Street Journal published a story claiming that Google had bypassed Safari web-browser security settings on Mac and mobile devices in order to track users that did not wish to be tracked. This information led to an investigation by the Federal Trade Commission deemed “Safari-gate”, resulting in the largest FTC […]

Patenting Food - A Healthy Way Forward?

Nov 20, 2012 1 min read
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Obesity and chronic diseases, like diabetes and heart disease, are on the rise.  To solve this crisis, we seem to be searching for the next super food, known as functional food, which will lower our blood sugar, reduce hypertension, and make us lose five pounds.

Bullying and Balancing Rights in AB v Bragg Communications

Nov 16, 2012 1 min read
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Recently Canada is engaged in national dialogue about online bullying in the wake of Amanda Todd’s suicide. One aspect being discussed is what role the law should play in protecting victims of bullying.  Should new legislation be enacted, like the NDP’s proposal for a national anti-bullying strategy or should changes to the law be left […]