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trademarks

Branding the TPP: Trademark Pros & Problems

An overview of what the Trans-Pacific Partnership Agreement would change in Canadian policy The Government of Canada is inviting Canadians to read and comment on the Trans-Pacific Partnership Agreement (TPP), along with the government’s Summary of the Agreement, which provides an overview of how the TPP would affect Canada. The summary suggests that the largest […]

Will Google’s Alphabet Begin with B-M-W?

“A, B, C,…as easy as 1, 2, 3?” That remains to be seen. BMW may be driving Google down a bumpy road named Trademark-Infringement Lane, after Google surprised everyone on August 10th with the creation of a new company, Alphabet. I say this because the trademark “Alphabet” and the domain name alphabet.com are currently owned by German automobile-manufacturer BMW. Following the announcement, BMW reportedly […]

New Developments in Trademark Dispute of Asian-American Rock Band "The Slants" Reignite Free Speech Debate

Recent developments in the ongoing trademark dispute involving Asian American dance rock band "The Slants" have reignited discussion regarding disparaging marks and free speech. Last month the band argued before a U.S. appeals court that the government’s rejection of its trademark application pursuant to "the provision in the Lanham Act that bars disparaging trademarks violates the First Amendment and should be […]

IP Year in Review 2014 - The Perpetual Motion of IP Law

Giuseppina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Osgoode Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School.   2014 was another exciting year in intellectual property (IP) law. […]

The Washington Wrong-Skins: A Moral Victory over Tasteless Trademarks

The football field is for helmets not headdresses. In the much talked about June 18, 2014 decision in Blackhorse v Pro Football, Inc. the United States Patent and Trademark Office (USPTO) made a clear statement that culturally-insensitive trademarks would not be tolerated. The Trademark Trial and Appeal Board (TTAB) decided to cancel six federal trademark […]

Will Amazon Get Burned for Playing with Fyre?

Has Amazon, the hero of online shopping and home of the Kindle, become the newest provider of pay-per-view porn? According to WREAL, the company behind the adult entertainment streaming device and website FyreTV®, this is just a taste of the confusion apparently created by the launch of Amazon’s similarly named Fire TV. Consequently, attorneys on […]

Plain Packaging for Tobacco Products in the EU Up in Smoke?

Where there’s smoke, there’s fire… or at least a heated debate. On October 8th, 2013, the European Parliament voted on the proposed revisions to the Tobacco Products Directive (TPD). One of the highly contested issues concerned intellectual property rights and the labeling and packaging of tobacco products.

To Poach a Mockingbird: Harper Lee's Trade-mark Battle

So much for southern hospitality. Celebrated American author Harper Lee finds herself embroiled in a trademark clash for the right to register the title of her own 1961 Pulitzer-winning novel, To Kill a Mockingbird.

Will I Am: Pharrell Williams and Will.i.am In Trade-Mark Dispute

Pharrell may currently hold the #1 and #2 spots on Billboard’s Hot 100, but in the past few weeks, he made headlines due to his ongoing trade-mark dispute with Will.i.am (coincidentally, the last band to hold both the #1 and #2 spots was Will.i.am's band, The Black Eyed Peas).