Leslie Chong is a J.D. Candidate at Osgoode Hall Law School Following the "notice of allowance" that Facebook recently received for its FACE trademark application, many have criticized the U.S. Patent and Trademark Office (USPTO). While the trademark appears only to apply in specific circumstances, some have noted that it seems unconventionally broad and generic. Known to be fervent […]
Dan Whalen is a JD candidate at Osgoode Hall Law School Digital-age Beatlemaniacs were feeling fine when Apple Inc. recently announced that its iTunes Store would finally have the band’s catalogue available for purchase. Though widely lamented, the delay has not generally been questioned in light of other industry grievances with iTunes, such as ubiquitous […]
Leslie Chong is a JD Candidate at Osgoode Hall Law School The Queen’s Bench for Saskatchewan has ruled in Wira v. Jubilee Enterprises Ltd. that The Executions Act in their province does not allow for the seizure of copyright and trademarks from judgment debtors. This decision runs contrary to the longstanding precedent set in the […]
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. […]
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 […]
Vincent Doré is a JD/MBA Candidate at Osgoode Hall Law School and Schulich School of Business. Professors Mark A. Lemley and Mark P. McKenna have identified an area of American trademark law that has, in their opinion, received insufficient attention: the “free-rider” argument. This argument contends that trademark owners should be protected from parties that […]
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 […]
Ashlee Froese is an Osgoode Hall alumnus and currently practices intellectual property at the law firm of Keyser Mason Ball LLP. CIPO’s Consultation In an effort to maintain “a modern and efficient trade-marks regime” that is globally competitive, the Canadian Intellectual Property Office (“CIPO”) is re-considering whether Canada should ratify the Madrid Protocol. CIPO last […]
Irina D. Manta is an Assistant Professor at the Case Western Reserve University School of Law. It is a common misconception in the United States that while applications for patent registration suffer delays, problems with the much simpler process of trademark registration are few and far between. As a result, scholars and practitioners have started […]
Brian Chau is a JD Candidate at Osgoode Hall Kobe Bryant, Tiger Woods, Martha Stewart - all mighty brand names, with all too-famous stumbles. Personal branding is a powerful tool - our minds subconsciously create the association, and without knowing, we suddenly consider Accenture as a lean, mean consulting machine. However, what happens when the […]