“Scandal is gossip made tedious by morality.”- O Wilde - In crafting Valley of Mother of God Gin, the founders of Foxglove Spirits, Malcolm Roberts and Shelly Perry, drew inspiration from the lush forests and fields...more
January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. That is because, as of the new year, one of the most famous cartoon characters in history –...more
Picasso said: “good artists borrow, great artists steal.” Or maybe he took the phrase from someone else. In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of...more
6/28/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Photographs ,
Prince ,
SCOTUS ,
Transformative Use
Just under the wire, before the end of 2022, Canada enacted a significant change to its copyright law. December 30 was fixed as the day on which section 281 of the Budget Implementation Act, 2022, No. 1 came into force. The...more
Over the last several years, you may have heard the term “blockchain.” Blockchain technology has emerged as an innovative, record-keeping technology, most notably recognized as the underlying technology behind Bitcoin...more
The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of a new, and final, deadline extension in response to the ongoing health crisis....more
The Canadian Intellectual Property Office (CIPO) has now updated its Service and Website Interruptions page to inform the public of new deadline extensions in response to the ongoing health crisis....more
During the COVID-19 pandemic, most businesses have suffered losses caused by business interruption, whether related to staff falling ill, loss of customers or suppliers, or governments requiring new forms of compliance. Some...more
The Canadian Government and its operating agencies have provided a number of responses to the COVID-19 Emergency. The purpose of this alert is to provide information about the responses pertaining to intellectual property in...more
Earlier this year, the federal government released the latest revisions to the Trademarks Act (the “Act”) and Regulations -- a key step towards implementing the most significant changes to the Canadian trademarks regime in...more
Is your dispute, subject to arbitration under your Franchise Agreement, going to be litigated in court?
As we all know, using arbitration clauses in commercial agreements is pretty commonplace—particularly in the...more
Proper usage is essential to protecting and maintaining valuable rights in trade-marks. The general rule is ‘use it or lose it’: unless a trade-mark is actually used continuously in connection with products or services,...more
The Office of the Registrar of the Canadian Intellectual Property Office (“CIPO”) processes applications for trade-mark registration based on the steps below. All the time-frames are approximate.
1. Formalities...more
Given the potential value of trade-marks in almost every business and the costs of building brand awareness in the marketplace, the selection of an enforceable trade-mark is crucial. Clients ought to consider the matters set...more
Using an unregistered mark, confers only limited rights and protections on the user/owner. Registration provides enhanced rights and advantages, including...more
In Canada, “copyright” refers to the bundle of rights conferred by the Copyright Act (the Act) on the copyright owner and author of a work. The owner of copyright has the sole right to produce or reproduce a work (or a...more
The biggest changes to Canadian trademark law in 60 years are coming soon - most should be in force before the end of 2014.
The changes will affect everyone whose business involves branding in Canada. While all of the...more
In This Issue:
- “TRADEMARK” OR “TRADE-MARK”? EVEN THE SPELLING DIFFERS BETWEEN CANADIAN AND AMERICAN LAW:
The title says it all. Despite sharing a border, there are many differences between Canadian and United...more
In This Issue:
- CANADA’S LONG-AWAITED COPYRIGHT MODERNIZATION TAKES EFFECT:
To much fanfare and after years of debate and consultation, the government of Canada passed the most important reforms to Canadian...more