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Hehe, not Hehe: Meme marketing & advertising law in Canada

If a picture is worth a thousand words, that makes a meme worth about 50 tweets. It’s therefore no surprise that so many companies are interested in leveraging memes in marketing. But as with all advertising, certain rules...more

[Ongoing Program] Trademark & copyright enforcement on the internet: Online marketplaces, social media and the web - July 13th,...

This spring, join our Smart & Biggar trademark experts and gain new insights at our popular Canadian Trademarks webinar series. Each webinar provides practical tips and strategies for global brand protection in Canada, with a...more

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more

Commercializing NFTs – generating value from digital assets and intellectual property rights

2021 was a big year for Non-Fungible Tokens (NFTs) resulting in significant commercial value. The creators behind Cryptopunks, an NFT project with over $2 billion worth of trading volume, signed a representation deal with a...more

Stiff penalty for copyright infringer in Canada: Federal Court hands out prison sentence

In a recent Federal Court case, the Court ordered the director of a corporation to be imprisoned for at least 6 months and payment of a $100,000 fine for bypassing an injunction against copyright infringement. We previously...more

Art meets crypto – traditional copyright issues in a tokenized world

Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods. Traditional auction houses have already...more

Supreme Court says copyright tariffs not mandatory on works managed by collective society

The Supreme Court of Canada, in a rare copyright decision, unanimously held that copyright collectives cannot charge fees to those who decline their contracts.  The ruling can be expected to affect how a number of copyrights...more

Two Truths and a Lie — How blurring the lines between fact and fiction can undermine copyright protection

“In the early morning of August 24, 1875, eight members of the notorious Donnelly family of Lucan, Ontario, armed with nothing more than clubs, won a pitched street battle against eighteen townspeople intent on revenge. Or...more

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