Copyright

Software and copyright: practical pro-active and re-active considerations for business owners

You would be hard-pressed to find a business today that does not depend on software, in one way or another, for business-critical purposes. From common functionality,…

Ownership Rights in Domain Names

In the Internet age, domain names are valuable intangible assets. And in the event of a business break-up or dispute, who owns a business’ domain name can be a hotly-contested issue. A…

Milano Pizza – The Importance of Proper Trademark Licenses

The Federal Court recently granted an order declaring a trademark registration for MILANO PIZZERIA to be invalid in Milano Pizza Ltd. v. 6034799 Canada Inc. This is a cautionary tale for licensors…

The Importance of Pleading Properly in Trademark and Copyright Cases

A recent decision of the Federal Court serves as a clear reminder of the importance of pleading, with sufficient detail, all of the necessary facts to sustain or defend a trademark infringement…

Federal Court dismisses CBC’s copyright lawsuit over election attack ads

The Federal Court has dismissed the CBC’s copyright infringement lawsuit against the Conservative Party of Canada, finding that the unauthorized use of its broadcast footage in a political attack ad was fair…

Webscraping and copyright in factual content

On April 15, 2019, Justice Southcott of the Federal Court of Canada issued an order that puts to rest a dispute between the Toronto Real Estate Board (TREB) and website operator MongoHouse…

The “Obituary Piracy Case” and what it means for Canadian copyright law

The Federal Court’s recent decision in the case of Thomson v Afterlife Network Inc. (already known as the “Obituary Piracy case”) is the latest authority on some interesting copyright issues, including: How…

When is it “fair” to copy an original work?

A recent copyright decision of the Federal Court of Canada, namely, The Canadian Copyright Licensing Agency (Access Copyright) v York University, 2017 FC 669, has stirred the conversation around what constitutes ‘fair’ for…

“Fashion Santa” – A Very Seasonal Intellectual Property Dispute

For two Christmas seasons in a row the chic white-bearded 50-something-year-old model, Paul Mason, has donned designer garb and paraded around Yorkdale mall calling himself “Fashion Santa”. Just as we enter into…

The line between facts and expression in two recent copyright cases

It is a basic tenet of copyright law that copyright does not protect facts or ideas. Data, information, facts, systems, opinions, or broad common themes cannot be anyone’s exclusive property. Copyright does,…

Cautionary notes on settling your trademark or copyright dispute

The vast majority of disputes over intellectual property rights, including trademarks, patents and copyright, settle before reaching a courtroom. There are many advantages to resolving your dispute through a settlement agreement instead…

Richard Prince, fair dealing and “owning” your content on Instagram

U.S. artist, Richard Prince, has generated considerable mainstream publicity by appropriating images he found on Instagram and featuring them in his “New Portraits” collection. A number of copyright lawyers in the U.S….

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