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Trademark Protection within Blockchain Domains
Companies owning trademarks should reserve their trademarks with blockchain naming systems. The risk of infringement of blockchain domain names is real and remedies are limited at this time. Thus, it...
View Article“Making Available”– The Supreme Court Rules That There Is Only One Royalty...
Fasken successfully represented several of the respondents before the Supreme Court of Canada in Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association,...
View ArticleThe Day of Reckoning for Official Marks – Coming Soon!
Official marks are an exotic species in the world of trademarks and a purely Canadian invention. They will soon become more vulnerable than ever due to the coming into force at some point in 2023 of a...
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PMPRB Interim Guidance Updated
On August 18, 2022, PMPRB announced its Decision resulting from the consultation on the PMPRB Price Review Approach During the Interim Period following publication of Amendments to the Patented...
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Are Disney’s live action remakes extending the copyright of their animated...
During a time when Disney’s copyright protection over some of their most classic works is either nearing an end or has already ended in certain countries like Canada, it may seem oddly coincidental...
View ArticleIP Protection in the Artemis Era: Will Rights be Lost in Space?
One clear objective of Nasa’s Artemis missions is to bring about a permanent presence on the Moon that will include commercial and industrial projects. The potential for commercial and industrial...
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The Bell Media Inc v Macciacchera (Smoothstreams.tv) Decision and...
The Federal Court recently released its decision in Bell Media Inc v Macciacchera (Smoothstreams.tv), 2022 FC 1139, in which the court stressed the importance of compliance with Interim Orders and...
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PART I: Are Tattoos Protected by Copyright?
Updated October 18th, 2022 As tattoos have become increasingly common, the question of whether copyright subsists in a tattoo and what that means has come to the forefront of the copyright...
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PART II: Are Tattoos Protected by Copyright?
As detailed in Part I of this blog post, despite the fact that Canadian courts have not yet grappled with a case related to copyright and tattoos, the Copyright Act and foreign caselaw suggests that...
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Social Media and Copyright: What are the Common Copyright Limitations and...
In a time when online sharing is becoming more and more complicated thanks to an ever increasing number of social media platforms cropping into existence and an equally ever increasing amount of time...
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Who Really Benefits from Canada’s Impending Copyright Term Extension?
It is now official. As of December 30, 2022 the term of protection for copyrighted works will be extended by 20 years to match earlier extensions that occurred in the United States and Europe....
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Is Mariah Carey the QUEEN OF CHRISTMAS®? Not according to the US Trademark...
Mariah Carey wrote and recorded one of the world’s most well known Christmas songs, ALL I WANT FOR CHRISTMAS IS YOU. Originally released in 1994, it has become a staple of holiday music playlists;...
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Art, Technology & the Law : NFTs and Trademark Infringement – Real-World IP...
This year, we are increasingly seeing how real world IP rights can be protected and enforced in the ever-expanding virtual world. Case law, especially in the United States, is developing how digital...
View ArticleModernization Initiatives of the Copyright Board
Why Is the Copyright Board Modernizing? The Copyright Board of Canada (“the Board”) has announced the completion of Phase 1 of its Modernization Initiative that has taken place over the past four...
View ArticleStudy confirms the critical importance of working with high-quality patent...
A recent study published by university scholars in The Journal of Industrial Economics[1] confirmed how important it is to work with highly qualified professionals to obtain a patent. Indeed, the...
View ArticleRegulation, Generative AI, and legal considerations
With generative AI’s ability to aid knowledge management, increase efficiency and accelerate development there must be balanced consideration of intellectual property (IP) protection and stakeholder...
View ArticleIs graffiti protected by copyright and if so, what are some of the legal...
Copyright in graffiti is an interesting and relatively unexplored area of law in Canada. It is still unclear what kinds of protections a graffiti artists’ work can be afforded, but by looking at the...
View ArticleArchitectural Designs: Are they Copyrightable?
The concept of a piece of art that is architectural in nature or an artistically designed building being copyrightable might seem fairly self-explanatory, but what about the design plans for that...
View ArticleOpposition and Cancellation Proceedings Shifting Into Higher Gear in Canada
Until recently, opposition and administrative cancellation proceedings in Canada have been particularly lengthy. It was not uncommon to see decisions being issued in non-use cancellation proceedings...
View ArticleVoltage Holdings, LLC v Doe #1 and Evidentiary Requirements in Copyright...
The Federal Court of Appeal recently released its decision in Voltage Holdings, LLC v Doe #1, in which the court affirmed the minimum evidentiary requirements to establish direct and authorizing...
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