Just over a week ago, the population of the UK voted in a referendum to leave the European Union. This was something of a shock, particularly for those of us in the legal profession who get to appreciate the effects that EU harmonisation of law can bring for our clients. The result is starting to … Continue Reading
The United States Supreme Court has decided to address in next term an important question for the fashion industry—namely when apparel can be protected by copyright law. In agreeing to hear the case of Star Athletica LLC v. Varsity Brands Inc., case number 15-866, in the Supreme Court of the United States, the Court has … Continue Reading
Suppose that you create a unique three-dimensional display. You find out that your competitor has copied your three-dimensional display. Can you claim that the design of the display is a three-dimensional work of artistic craftsmanship to apply for a copyright registration to enforce against your competitor? The answer may be YES! Under 17 U.S.C. § … Continue Reading
Many states recognize a “right of publicity,” which prohibits the commercial use of an individual’s name, likeness, or identity without consent. When aspects of a well-known person’s identity are incorporated into an expressive work, however, what emerges is a tension between the individual’s right of publicity and the artist’s freedom of expression as protected by … Continue Reading
Fair use allows for the unauthorized copying of a copyrighted work in limited circumstances. Historically, examples of fair use have included copying for the purposes of criticism, comment, parody, news reporting, teaching, scholarship, or research. Now the application of the fair use defense applies far beyond this. Two court decisions in 2015 illustrate the expanding … Continue Reading
According to the “infinite monkey theorem,” a monkey hitting keys at random on a typewriter keyboard for an infinite amount of time will almost surely type a given text, such as the complete works of William Shakespeare or at least a comprehensible original work. But, according to a United States federal district court judge, that … Continue Reading
When is a photographer not the “author” of a photograph for copyright purposes? According to a federal judge in San Francisco, when the photographer is a monkey! Sometime in 2011, a crested macaque monkey living on the island of Sulawesi, Indonesia, used the camera of nature photographer David Slater to take a number of self-portraits, … Continue Reading
Here’s a quick “heads up” of what I see as the key reforms of IP laws in the pipeline at the European Union (EU) level that are likely to affect EU regional registrations of IP, as well as the national laws of each and every EU Member State. You will no doubt be reading more … Continue Reading
A recent decision from the lowest court of the Province of Ontario has raised questions over how recent amendments to Canada’s Copyright Act regarding “technological protection measures” (“TPMs”), such as subscription “paywalls”, will be interpreted and balanced with traditional copyright analysis. In 1395804 Ontario Limited (Blacklock’s Reporter) v. Canadian Vinters Association, the central question considered … Continue Reading
Suppose that you have a unique configuration for your physical object. You find out that your competitor has scanned the configuration of your object and is printing the object with a three-dimensional (3-D) printer. Is there anything you can do? The answer is YES! Let’s suppose you have created a physical object such as a … Continue Reading
Of the many hurdles in enforcing copyright online, one of the preliminary issues (and often one of the most complicated) is the problem of jurisdiction. With infringements potentially taking place all over the world, a rights holder may be faced with the dilemma of working out where infringements are occurring, and figuring out how to … Continue Reading
Late June 2015 saw much of Washington DC focused on whether Congress would give President Obama “TPA,” the so-called fast track trade promotion authority, that would allow concluding negotiations on the “TPP,” the Trans-Pacific Partnership, a trade deal that could have widespread international implications for IP, or intellectual property. The measure passed, ultimately, by one … Continue Reading
The transmission of live events through video-streaming apps Periscope and Meerkat is raising concerns among rights holders. Advances in both legal and technological tools will be needed to effectively combat unauthorized transmissions. Challenge Although people have been using smartphones to shoot videos they share on social media platforms for some time, live video-streaming apps such … Continue Reading
The IP bar in Canada has long been awaiting a decision from the Federal Court on the issue of the use of trademarks in a competitor’s metatags, and that decision has now arrived, with what to many is a surprising result. The Federal Court’s recent decision in Red Label Vacations Inc. v. 411 Travel Bags … Continue Reading
All businesses have valuable intellectual property, not just “tech” focused businesses such as software developers or pharmaceutical companies. However advisers may need to translate for their clients what they mean in practical terms when they use the words “intellectual property”, in order for clients to appreciate its value and take steps to protect it. For … Continue Reading
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
