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
3/24/2023
/ Best Practices ,
Brand ,
Canada ,
Copyright ,
Copyright Enforcement ,
Intellectual Property Protection ,
Internet ,
Online Marketplace ,
Social Media ,
Trademark Enforcement ,
Trademarks ,
Webinars ,
Websites
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
8/17/2022
/ Best Practices ,
Brand ,
Canada ,
Copyright ,
Copyright Infringement ,
Digital Media ,
Intellectual Property Protection ,
Metaverse ,
Online Platforms ,
Trademark Infringement ,
Trademarks ,
Webinars ,
Websites
This is part 4 of our IP Update series exploring the evolving landscape for Internet, Digital Media and e-Commerce.
Overview
Non-Fungible Tokens (NFTs) continue to generate significant commercial value for brands through...more
4/19/2022
/ Art ,
Art Collections ,
Artificial Intelligence ,
Copyright ,
Copyright Ownership ,
Cryptocurrency ,
Digital Assets ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Smart Contracts
Overview of the metaverse -
Facebook’s recent re-branding to Meta1 has significantly increased interest in the “metaverse”. Although the concept of the metaverse is still evolving, it is generally understood to be a...more
12/1/2021
/ Brand ,
Copyright ,
Digital Assets ,
Digital Media ,
Goods or Services ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Online Platforms ,
Trademark Application ,
Trademarks ,
Virtual Reality
In today’s competitive innovation economy, companies across industries face a wide range of potential legal issues and risks related to intellectual property (IP). Whether it is infringement of a valuable patented technology,...more
In intellectual property litigation, the outcome of many high stakes cases has turned on expert testimony. It is therefore important for a litigator to spend time and effort to properly identify, select, and prepare the...more
Recently, in Wiseau Studio, LLC et al v Harper et al, 2020 ONSC 2504, the Ontario Superior Court of Justice dismissed an action for copyright infringement brought against the makers of a documentary that used clips from the...more
5/13/2020
/ Canada ,
Compensatory Damages ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Documentaries ,
Ex Parte ,
Fair Dealing Exception ,
Film Industry ,
Injunctive Relief ,
Moral Rights ,
Notice Requirements ,
Punitive Damages
While comparative advertising can be an effective tool for comparing and contrasting competing brands, there are limits on what claims can lawfully be made. One such limit is provided by Section 22 of the Trademarks Act,...more
5/12/2020
/ Appeals ,
Canada ,
Comparative Advertising ,
Depreciation ,
Dismissals ,
Goodwill ,
Loss of Goodwill ,
Question of Law ,
Reversal ,
Scope of Review ,
Summary Judgment ,
Trademark Registration ,
Trademarks ,
Trademarks Act
In IP litigation, expert testimony is common and important. Experts may provide the court with a scientific primer in highly complex cases. In patent litigation, experts may construe complex claims through the eyes of a...more
In most jurisdictions, copyright owners often face numerous challenges when seeking to enforce their rights against media pirates. These challenges may include suffering ongoing harm pending judgment, the difficulty of...more
6/7/2018
/ Asset Seizure ,
Broadcasting ,
Canada ,
Contempt ,
Copyright ,
Copyright Infringement ,
Damages ,
Interim Remedies ,
Interlocutory Injunctions ,
Piracy ,
Remedies ,
Statutory Damages