By Tony Poland, LegalMatters Staff • Torpedo bats are a hit in the baseball world, but attempts to register the name as a trademark are likely to strike out, says Toronto intellectual property lawyer John Simpson. The New York Yankees opened the Major League Baseball season on a torrid home run pace using the bats, […]
Swing and a miss for torpedo bat trademark application? Read More »
By Tony Poland, LegalMatters Staff • A lawsuit claiming copyright infringement against ChatGPT creator OpenAI could provide the media industry with a valuable new revenue stream if successful, says Toronto intellectual property lawyer John Simpson. The joint lawsuit, launched by Canadian news outlets including the Toronto Star, The Globe and Mail, CBC and Canadian Press,
Copyright lawsuit could create new licensing option for media industry Read More »
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 Law Professional Corporation points to the recent case of Biosteel Inc. v. Cizzle Brands Ltd. as an example. BioSteel, which had marketed a
Trademark law is not intended to stifle competition Read More »
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 property lawyer John Simpson. Earlier this month a Northern District of California judge ruled that a groundbreaking copyright infringement lawsuit filed by visual
U.S. ruling a step forward in litigating AI copyright disputes Read More »
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 to significantly affect the fast-food behemoth’s rights in its iconic brand, says Toronto intellectual property lawyer John Simpson. The European Court of Justice
McDonald’s loses Big Mac TM battle (but probably not the war) Read More »
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 the infringement was discovered raises interesting limitations issues, says Toronto intellectual property lawyer John Simpson. In Warner Chappell Music, Inc. v. Nealy, SCOTUS
Time is not on the side of copyright infringers, SCOTUS rules Read More »
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, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says if governments
Trademarks Act not meant to protect Canadian sensibilities Read More »
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 by copyright, says Toronto intellectual property lawyer John Simpson. The BIRDIE Act – Bolstering Intellectual Rights against Digital Infringement Enhancement Act – was
U.S. lawmakers tee up copyright protection for golf courses Read More »
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 look for friendly arrangements with others but the trademark owner must always be vigilant,” says Simpson, principal of IP and new media law
Remain vigilant over your licensees in trademark agreements Read More »
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 trademark protection in the “Trump too small” T-shirt flap. Political activist Steve Elster had sought to register the suggestive phrase as a slogan
‘Trump too small’ slogan is not deserving of trademark protection Read More »
