Archive for February, 2006

Predictions about Rothstein’s impact at the SCC

Monday, February 27th, 2006

Michael Geist has a good article in today’s Toronto Star regarding Supreme Court Nominee Justice Marshall Rothstein’s experience with intellectual property law and that he may very well challenge the status quo at Canada’s highest court.

Professor Geist notes that Rothstein is a candid judge who is uncomfortable with incorporating policy into the legal decision making […]

CRIA’s Spin on WIPO Copyright Treaties

Monday, February 27th, 2006

Lawyer Howard Knopf has an interesting post today, on the Excess Copyright blog, about the Canadian Recording Industry Association’s spin on Canada and the WIPO Treaties (which are not yet ratified in our country).

Mr. Knopf notes that the EU is way behind its own schedule and controversy is increasing within on implementation and ratification. […]

Poppy trade-mark - A unique amalgam of rights

Thursday, February 9th, 2006

Tomorrow’s issue of the Lawyer’s Weekly has a good article, by Toronto entertainment lawyer Bob Tarantino, about the complex nature of the Royal Canadian Legion’s rights to the image of the poppy.

See also my previous post, about how the Legion enforced it rights against the unauthorized display of a digital poppy image on widely-read Canadian […]

Yet even more on the Red Cross Emblem / Video Game issue

Thursday, February 9th, 2006

Shacknew.com today published an online interview with David Pratt of Canadian Red Cross outlining its concerns about the use of the Red Cross emblem inside video games, how the issue came to the Red Cross’s attention (their receptionist was playing video games and noticed use of the emblem inside a game) and that the Red […]

Fun Trade-marks

Wednesday, February 8th, 2006

This week’s Trade-marks Journal had a few amusing trade-mark applications advertised, including:

BUCK A BEER;

GEEKS ON CALL;

ZITS HAPPEN;

UGLY … BUT IT WORKS;

DUCK PhD ;

LOVE AT FIRST FEEL; and

BEAT THE GEESE.

More on the Red Cross Emblem / Video Game Issue

Wednesday, February 8th, 2006

Yesterday’s Calgary Herald had an article about the Canadian Red Cross’s objections to the use of its emblem inside violent video games.

See my earlier posting and my musings that there might be an argument that the video game industry could mount that certain use of the emblem, inside a video game, is not […]

Sony Canada Facing Yet Another Class Action Lawsuit

Friday, February 3rd, 2006

Via Michael Geist, who noted that Sony Canada is now facing yet another class action law suit arising from the rootkit issue - see also my previous post last month.

Michael Geist has a copy of the Statement of Claim (pdf) filed in this latest action. It’s an impressive 136 paragraphs (39 pages). Glyn Hotz […]

See you in…

Wednesday, February 1st, 2006

Today’s Globe & Mail has a little article about how the Canadian Olympic Committee, invoking its status as a government-recognized public authority, has used Section 9 of our Trade-marks Act to step in and fully appropriate the various SEE YOU IN… brands as its own. See the COC’s section 9 advertisements: See You in […]