Category: Protection & Enforcement

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Can the First Amendment Trump the Right of Publicity?

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

TELEPHONE COMPANY’S ADVERTISMENT ON BROADBAND SPEED WAS MISLEADING

The Danish Consumer ombudsman has recently found that the Danish telephone companies TDC, Telia and Telenor has been misleading the consumers in relation to the speed on broadband internet. The Consumer ombudsman has on that ground requested the companies to change their marketing regarding broadband. The Danish consumer ombudsman has raised five cases concerning misleading … Continue Reading

Strategies and Tactics to Battle Online Cyber-Defamation

With the ever-expanding role of social media and the Internet, negative reviews can spread virtually unchecked. Although some negative reviews are limited to statements of opinion that, generally, are legally protected, companies and individuals increasingly are subject to attacks that include false statements constituting online defamation. The legal avenues for addressing defamatory comments and obtaining … Continue Reading

What happens to your digital self after death?

Florida Grants Fiduciaries Access to Digital Information For anyone who has dealt with the death or incapacity of a loved one in recent years, one of the most perplexing and fraught questions has been how to access their electronic or digital records. Whether we realize it or not, most of us own digital assets. These … Continue Reading

Be Careful How You Get Over the Paywall: Recent Canadian Decision Holds That Non-Subscribing Reader of Paywall Article Infringed Copyright

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

MAKING HEAVY WEATHER OF THE UK’S UNJUSTIFIED INFRINGEMENT THREATS RULES

The UK has for a long time had laws in place that make it illegal for IP owners to make “unjustified threats” to bring proceedings for infringement of registered IP rights.  In recent years, this prohibition has been narrowed to exclude threats made in respect of primary infringement (i.e. manufacturing, importing or supplying services), but … Continue Reading

Can 3-D Scanning and Printing be a Copyright Infringement?

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

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

LIVE VIDEO-STREAMING APPS POSE CHALLENGES FOR SPORTS AND ENTERTAINMENT INDUSTRIES

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

U.S. Federal Circuit Appeals Court sets standards for determining bona fide intent to use mark in commerce

A recent decision of the United States Court of Appeals for the Federal Circuit (M.Z. Berger & Co, Inc., v. Swatch AG [2015] Fed. Cir.) has clarified the standards applicable to determining whether an applicant relying on an “intent-to-use” basis had the required “bona fide intention” to use the mark in commerce when the application … Continue Reading

FIRST PENALTIES ISSUED UNDER CANADIAN ANTI-SPAM LAW

The Canadian anti-spam law (“CASL”) came into effect on July 1, 2014 and includes the ability to levy severe administrative monetary penalties of up to $10 million for one violation of CASL. In March, 2015, the Canadian Radio-television and Telecommunications Commission (“CRTC”) gave its first indication on issuing penalties and addressing violations of CASL by … Continue Reading

The Upside of Federal Trademark Registration

You’ve created an amazing product or service with a super catchy brand name, and you are starting to make a profit.  Fairy tale ending, right? Not so fast there, budding entrepreneur/future mogul – you may have skipped a critical step – registering your brand with the United States Patent & Trademark Office (“USPTO”). Why should … 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
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