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
The trademark dispute over the “iPad” name rages on in the People’s Republic of China (PRC) between Shenzhen Proview Technology and Apple Inc. However, the Cupertino-based producer of the ever popular iPod, iPhone, and of course the iPad won’t let its legal issues in China get in the way of the brand’s overall expansion into […]
In 2007, Pepsico (“Pepsi”), makers of its namesake fizzy drink did their competitors, The Coca Cola Company (“Coke”) a good turn, by turning in two Coke employees who tried to sell its secret recipe to Pepsi. This decision on Pepsi’s part can be read as a mixture of sound business acumen, legal sense and some […]
In an effort to draw a line in the sand in the smartphone market, an “innocent bystander” has been caught in the legal crossfire. Following a successful sales ban of the Xbox 360 in Germany, Motorola set its sights on the gaming console’s home turf, and currently, things are not looking good for Microsoft in […]
On February 28th 2012, the Navajo Nation filed a lawsuit against Urban Outfitters Inc. and its subsidiaries in the District Court of New Mexico for ‘trademark infringement, trademark dilution, unfair competition and commercial practice laws violation and for the violation of The Indian Arts and Crafts Act’. The basis of the Navajo Nation's complaint was […]
There is little doubt that the protection of the patent system has been instrumental in the continued innovation in science and technology by allowing the inventor (or filer of the patent) to reap the benefits of their effort and creativity. The realm of public health is no stranger to these benefits, with such innovation having […]
On June 8th 2012, lawyers and artists will be converging in Ottawa for the Art + Law conference, hosted by CARFAC. One of the major topics of discussion will doubtless be the recently debated Artists' Resale Right (ARR).
This comment was prepared for the Harvard Law Review Forum “The New Private Law” Symposium (October 2011) as a response to Shyamkrishna Balganesh’s “The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying,” 125 Harvard Law Review 1664 (2012).
At the heart of the Rosetta Stone v Google lawsuit is whether the sale of trademarks as search keywords for sponsored links makes Google liable for trademark infringement. Recently, the United States Court of Appeal for the Fourth Circuit in Rosetta Stone Ltd v Google, Inc reversed a significant portion of a Virginia district court decision […]
Free online access to tax-funded scientific research is the most recent movement by American open-access advocate group Access2Research. The group calls for a policy similar to the one currently implemented by the National Institutes of Health (NIH). New scientific papers, which were funded by the NIH, are deposited in the online databank PubMED within a […]
Ceaseless lobbying on the behalf of Canadian artists frustrated by their ambiguous position in relation to other labourers subsequently culminated in the Federal Government of Canada proclaiming the Status of the Artist Act.