Category: Foreign Protection

Subscribe to Foreign Protection RSS Feed

T Minus 1 Year Until GDPR: Are You Ready for Take Off?

BOTTOM LINE It remains to be seen what will happen after the GDPR becomes effective on May 25, 2018. The GDPR compliance roadmap can be helpful for any organization that collects or processes personal data, whether or not an organization in or outside of the EU believes it is subject to the GDPR. With just … Continue Reading

The GS Media case: “He’s making it up as he goes along!”

The GS Media case: “He’s making it up as he goes along!”[1] This is not a Brexit whinge, but when I reread the ECJ’s decision in the GS Media case[2], I do understand where 52% of my countrymen were coming from.  Generally, the EU has (IMHO) been a force for good in IP law, by … Continue Reading

Picking: A Few IP Collectibles Since My Last Post

There is a popular television show in the United States called American Pickers, which follow the adventures of antique and collectible “pickers” Mike Wolfe and Frank Fritz.  Wolfe and Fritz travel around in a van with the logo Antique Archeology to buy, or “pick,” various items for resale, for clients, or for their own personal … Continue Reading

Food Fight and Road TRIPS!!!!!: Treaties And Product Names Getting Messy

Two words, uttered in a certain tone and with a certain speed, are apt to suggest a bit of wastefulness, a touch of anarchy, and yet a sense of communal participation.  Those two words, from Faber College of lore to present discussions of law: Food Fight!!!!!.  And, we see the long smoldering discussions of geographical … Continue Reading

Excuses, Excuses: Saving a Canadian Trade-mark Registration in the Absence of Use

In a recent decision of the Federal Court of Appeal (“FCA”), the FCA took the rare opportunity to consider an appeal from a section 45 expungement proceeding. In One Group LLC v Gouverneur Inc, the FCA reviewed the Registrar’s decision not to expunge One Group LLC’s (“One Group”) trade-mark registration for STK (the “Mark”) on … Continue Reading

Canadian Court Orders Google to Scrub Its Search Results

The internet’s sheer breadth often gives the impression that it transcends local legal jurisdictions. As commerce and trade become increasingly electronic ventures, courts now grapple with how to enforce orders against parties not operating within traditional physical jurisdictions. In June, the British Columbia Court of Appeal (the “Court”) in Equustek Solutions Inc. v. Google Inc., … Continue Reading

The NOW TV case: Mere reputation of international brand is not enough to protect unregistered trade mark in the UK

Introduction The world has “internationalised” at an astonishing rate in the last 20 to 30 years.  People are better travelled and are familiar with overseas hotels, restaurants and media.  And it is the same with consumer brands: in the UK we are as familiar with Hershey’s chocolate from the US and Vegemite spread from Australia … Continue Reading

Canada: All the News – A Canadian IP Perspective

The Federal Court of Canada recently had occasion to consider a case involving both copyright and trademark issues with a distinctly international flavour. At issue was a Punjabi-language subscription daily newspaper called AJIT DAILY, published in India, and a free weekly newspaper published in Canada called AJIT WEEKLY. The Plaintiff’s AJIT newspaper started publication in … Continue Reading

Canada: Combating Counterfeit Products Act Receives Royal Assent

On December 9, 2014 Royal Assent was given to Bill C-8, the Combating Counterfeit Products Act. The intention of Bill C-8 is to give the government and holders of trade-marks and copyrights new mechanisms for enforcement, along with substantial remedies, in order to combat counterfeit and black-market goods. Before the introduction of Bill C-8, Canada had … Continue Reading
LexBlog