Intellectual Property

Canadian trademark, patent regulations going international

Proposed changes to Canadian trademark and patent laws, to bring them in line with international treaties, will be beneficial going forward, says Toronto intellectual property lawyer Taras Kulish . Read more

Snoop Dogg, Maple Leafs could face off over mark registration

Toronto intellectual property lawyer John Simpson says a trademark registered by rapper and cannabis enthusiast Snoop Dogg could face opposition from the Toronto Maple Leafs. Read more

School's performance of Hamilton infringement under Copyright Act

The Scarborough high school students and teachers whose performance of numbers from the hit musical Hamilton were pulled from YouTube should wait until the show is licensed for amateurs, Toronto intellectual property lawyer Bill Northcote tells Metro News . Read more

Canada-Switzerland trade ties boast growth potential

The free trade agreement between Canada and a number of European countries, including Switzerland (C-EFTA) is important for bilateral trade — and both Canadian and Swiss businesses are looking forward to further developing these partnerships, Toronto intellectual property lawyer Taras Kulish writes in the Spring 2016 edition of info Suisse , a publication of the Swiss Canadian Chamber of Commerce (Ontario). Read more

Cautionary notes on settling your trademark or copyright dispute

By John Simpson . The vast majority of disputes over intellectual property rights, including trademarks, patents and copyright, settle before reaching a courtroom. There are many advantages to resolving your dispute through a settlement agreement instead of leaving it to a judge to resolve it, even when that means accepting a less favourable result than what you’d expect to get from the court. For one thing, you can never be certain how the court will decide the case, no matter how confident you are in your position. With a settlement, on the other hand, you get certainty –at least in theory. A settlement will also spare you the stress and distraction of protracted litigation, not to mention the considerable costs. Read more

Flower patent raises thorny legal issues

A U.S. lawsuit over the intellectual property rights accorded to flower breeders raises some interesting questions over how those rights are conferred in Canada, says Toronto IP lawyer Taras Kulish . Read more

Hand over that domain!

By John Simpson . As the e-commerce space becomes ever more crowded, disputes over confusingly similar domain names are becoming ever more common. One issue that has been particularly vexing is whether a court can order the registrant of a domain name who uses it to infringe someone’s trademark to deliver up that domain to the rightful trademark owner. Read more

Simpson to co-chair OBA IP and the Internet program

Toronto IP lawyer John Simpson will co-chair an upcoming Ontario Bar Association (OBA) program, exploring the key principles and recent developments around intellectual property law and the Internet. Read more

Lucasfilm uses the force to stop TO lightsabre battles

The transformation of a Star Wars -themed lightsaber battle shows charitable motivations won't insulate organizers from trademark enforcement, says Toronto intellectual property lawyer Taras Kulish . Read more

Session to explore impact of social media on branding

Toronto intellectual property lawyer Taras Kulish will share his thoughts on how social media has affected our preconceptions of what a brand or design should be, at an upcoming program hosted by the Institute of Law Clerks of Ontario. Read more

'Free TV' boxes growing concern for broadcasters

The growth of set-top boxes promising free TV to users is quickly becoming a big problem, according to Toronto intellectual pr operty litigator Kevin Fisher . Read more

Battle of the 'moose' trademarks

While there is a fight brewing between Moosehead Breweries and District Brewery over the name of a flagship beer, Toronto intellectual property lawyer Taras Kulish says there could be another dog — or in this case, moose — in the fight. Read more

Breach of copyright over paywall raises tech neutrality questions

A recent decision that ruled a reader had violated new provisions of the Copyright Act when he bypassed a publication’s paywall to access an article raises questions about technological neutrality, as similar facts in the analog world would yield a different result, Toronto business lawyer Bill Northcote tells Law Times . Read more

Decision creates bizarre scenario preventing fair dealing

A recent Small Claims Court decision vindicates those who said the 2012 digital lock amendments to the Copyright Act were too broad, Toronto intellectual property lawyer John Simpson tells Law Times . Read more

Playboy lawsuits a classic test of the scope fair dealing

Lawsuits by Playboy Enterprises against two Canadian publications for reproducing titillating photographs of supermodel Kate Moss could be a classic test for the scope of fair dealing under the Copyright Act, says Toronto intellectual property lawyer John Simpson . Read more