Insights

Trademark law is not intended to stifle competition

By Tony Poland, LegalMatters Staff • The line between legitimate competition and trademark infringement can be a fine one, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP boutique Shift…

U.S. ruling a step forward in litigating AI copyright disputes

By Tony Poland, LegalMatters Staff • A ruling in a U.S. class action lawsuit has created a “roadmap” that may guide artificial intelligence (AI) copyright infringement cases going forward, says Toronto intellectual…

McDonald’s loses Big Mac TM battle (but probably not the war)

By Tony Poland, LegalMatters Staff • It is not surprising McDonald’s lost exclusive rights to the use of the term “Big Mac” for chicken products in Europe but the loss is unlikely…

Recent Developments in Canadian Trademarks Office Practice

There have been two significant developments in recent weeks relating to the process of obtaining and maintaining trademark registrations in Canada. One of them is proposed changes to procedures before the Trademarks…

Trademarks Opposition Board Decision Highlights Delays in the Application Process

In its recent decision in 2718971 Ontario Inc. v Kinde Company Ltd., the Trademarks Opposition Board (the “TMOB”) dealt with an unusual set of facts that arose largely because of the lengthy…

Time is not on the side of copyright infringers, SCOTUS rules

By Tony Poland, LegalMatters Staff • A recent Supreme Court of the United States (SCOTUS) ruling that found a copyright infringer was liable for damages accruing more than nearly a decade before…

Trademarks Act not meant to protect Canadian sensibilities

By Tony Poland, LegalMatters Staff • The purpose of a trademark is to identify the source of goods and services while providing legal protection for a brand, not to protect people’s sensibilities,…

U.S. lawmakers tee up copyright protection for golf courses

By Tony Poland, LegalMatters Staff • A push to amend United States law to extend copyright protection to golf courses raises interesting issues about the kinds of works that can be protected…

Remain vigilant over your licensees in trademark agreements

By Tony Poland, LegalMatters Staff • Protecting your trademark rights means not only guarding against infringers but ensuring you have sufficient control over licensees, says Toronto intellectual property lawyer John Simpson. “Businesses often…

‘Trump too small’ slogan is not deserving of trademark protection

By Tony Poland, LegalMatters Staff • Toronto intellectual property lawyer John Simpson says he expects the Supreme Court of the United States (SCOTUS) will back that country’s patent and trademark office decision to deny…

Important Considerations for Canadians Filing U.S. Trademark Applications

The trademark application process in the United States is similar to the process in Canada, but there are some notable differences and important considerations to be mindful of to ensure you can…

IP rights are at the centre of Starbucks’ dispute with union

By Tony Poland, LegalMatters Staff • Recent lawsuits concerning a pro-Palestine social media post by Starbucks union organizers is an example of how intellectual property law often finds its way into larger…

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