Being a public persona is hard work and often involves the help of a diligent trademark lawyer. In the United States, some of the most talked-about celebrities have been employing the help of trademark lawyers to protect their name – and the lucrative business that comes with the brand – …
Trademarked Stork Upheld in Canadian Copyright Case
A recent trademark infringement case between Stork Market Inc v. 1736735 Ontario Inc. (Hello Pink Lawn Cards Inc), 2017 FC 779 has resulted in a win for the plaintiff and retribution in the amount of $30,000. The copyright and trademark case deals with competitors in the business of renting and …
Canada Launches Public Consultation On reform of Copyright Board
The Copyright Board system changes are intended to allow for creators to get paid properly and on time. New business opportunities in the current fast-moving economic environment should mean more money for creators and users. The Copyright Board of Canada is in charge of establishing royalties to be paid …
Identifying gaps in fostering tech commercialization
Incubators and accelerators are helping start-up companies across the country, but Toronto intellectual property lawyer Erika Murray suggests more can be done to support tech entrepreneurs in their quest to innovate and commercialize. “The company start-up process involves creativity and some kind of ingenuity,” she tells AdvocateDaily.com. “It starts with …
How To File A Patent In Canada
Filing a patent in Ontario or anywhere in Canada is a process that requires diligence, attention to detail, and technical skills. Before jumping into how a patent is filed, let’s review the purpose behind the patent system in Canada. One of the goals of the patent system is to fuel …
Canadian Courts Can’t Keep their Patent Promise
In the last few weeks the Supreme Court of Canada has released three IP and technology law related decisions, each with significant holdings. In Douez v. Facebook, Inc., 2017 SCC 33, the Court established a framework for deciding the enforceability of forum selection clauses. The analysis will no doubt also …
SCC Renders Decision Against Google
A Supreme Court of Canada (SCC) ruling ordering search engine giant Google to remove the web pages of a company found to be duplicating a technology firm’s products will have a global impact, says Toronto intellectual property lawyer Erika Murray. “The unprecedented decision will have implications for IP (intellectual property) holders around the world and online …
Captain Morgan Remains Commander of His Ship
Captain Morgan rum sales to spice up following the company’s successful defense of its design trademarks and distinguishing guise against Admiral Nelson’s spiced rum, barring sales of any bottled products with the patent-infringing Admiral Nelson character. (See: Diageo Canada Inc. v. Heaven Hill Distilleries, Inc.) The trademark infringement decision dated …
Copyrights: All You Need to Know
Copyrights are an essential tool to protect an original piece of work. Toronto is home to many prominent content creators for media, arts, music and technology. Copyright is importantly used to protect use and distribution of the creative works generated by such content creators. Copyright can also be used to …
The Unicorn of Trademark Infringement Cases
A Local Brooklyn cafe The End (with co-plaintiff Montauk Juice Factory Inc.) recently filed a trademark infringement lawsuit against corporate behemoth Starbucks, claiming that one of their most popular drinks – the Unicorn Latte – was infringed by the release of Starbucks’ limited edition Unicorn Frappuccino. It’s easy to see …