Most members of the public might be surprised to hear that “Happy Birthday to You” is apparently still subject to copyright protection in the United States, let alone that it is the subject of litigation aptly described by the New York Times as a “lawsuit for the ages.”

IP Osgoode would like to thank everyone who attended Justice Marshall Rothstein's lecture, titled "Advocacy in IP Litigation in the Supreme Court," on November 25, 2013 at Osgoode Hall Law School. The video of the lecture is available below.

Popular online game developer Zynga was recently the subject of a trade-mark infringement claim over their game “Scramble With Friends.” In the England and Wales High Court case, J.W. Spear & Sons Ltd Mattel, Inc & Anor v Zynga, Mattel claimed that the Zynga game infringed their SCRABBLE and SCRAMBLE family of marks. 

A key feature of any patent system is the right of enforcement available for infringement. Of the various recourses available in Canada, damages are the default remedy. Care is therefore necessary to ensure the correct level of damages is awarded, if only because undeservedly large or small damages awards may hurt innovation by depleting the […]

On a crisp fall day, you notice the perfect maple leaf lying on the pavement. You know that you have to share this with the world, but how will you let others know how great this leaf is? After all, this leaf is awesome. In the near future, simply joining your hands in a heart […]

Abstract: This study problematizes international copyright policy by using a case study that can be said to exist outside of the copyright paradigm. Using works of mas in Trinidad and Tobago as my case study, I examine what a policy with the potential to protect it as a cultural product with commercial value would look […]