By Tony Poland, LegalMatters Staff • The Supreme Court of Canada (SCC) handed York University a big win last month, holding that it is not bound to pay royalties to Access Copyright under a collective licensing regime. But in its unanimous decision, the Court declined to even consider York’s request for a declaration that all copying […]
SCC refuses to say whether copyright guidelines are fair dealing Read More »
By Tony Poland, LegalMatters Staff • The latest attempt by famed street artist Banksy to remain in the shadows while protecting his iconic work from unauthorized reproduction is “an interesting study in the differences between copyright and trademark law,” says Toronto intellectual property lawyer John Simpson. The Sydney Morning Herald reports that the lawyer for a British greeting card company
The intellectual property protection Banksy wants comes at a cost Read More »
By Tony Poland, LegalMatters Staff • It has often been said that one cannot rewrite history but that is not necessarily the case when it comes to copyright law, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says that fact is borne out in Winkler v. Hendley, a
Copyright case examines the issue of history repeating itself Read More »
By Tony Poland, LegalMatters Staff • New measures designed to expedite trademark applications are certainly welcome but may not go far enough to ease a growing backlog in the Canadian Trademarks Office, says Toronto intellectual property lawyer John Simpson. The Canadian Intellectual Property Office (CIPO) published two practice notices this month in an effort to deal with delays in processing trademark
Trademarks Office unveils measures to ease ’embarrassing’ backlog Read More »
By Tony Poland, LegalMatters Staff • Nike’s recent court victory to stop the sale of “Satan Shoes” is the latest high profile legal battle relating to “mashup culture,” says Toronto intellectual property lawyer John Simpson. “We live in a world where there is constant recycling of existing content, especially in the music business,” says Simpson, principal of IP
Devil is in the details in Nike’s ‘Satan Shoe’ trademark battle Read More »
By Tony Poland, LegalMatters Staff • The Tragically Hip’s trademark infringement lawsuit against Mill Street Brewery may raise the question of whether appropriating something of iconic cultural significance can be justified but any such argument is unlikely to succeed, says Toronto intellectual property lawyer John Simpson. In a lawsuit filed in Federal Court last month, it is alleged the
Tragically Hip lawsuit against brewer is a ‘run-of-the-mill’ case Read More »
By Tony Poland, LegalMatters Staff • A recent Federal Court of Canada decision illustrates the importance of moving quickly when seeking an interlocutory injunction in a copyright case, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, explains that an interlocutory injunction is an order that restrains a defendant from
Court dismisses TRREB’s motion for an interlocutory injunction Read More »
By Tony Poland, LegalMatters Staff • It is not surprising a European court slammed the brakes on Formula One legend Lewis Hamilton’s attempt to sideswipe a renowned watchmaker’s trademark application, says Toronto intellectual property lawyer John Simpson. The seven-time F1 world champion was hoping to block the Hamilton Watch Company (HWC) from registering the name,
F1 champion Hamilton spins out in trademark rights showdown Read More »
By Tony Poland, LegalMatters Staff • U.S. President Donald Trump’s recent press conference invitation gaffe serves as an example of the trademark infringement “moron in a hurry” test, says Toronto intellectual property lawyer John Simpson. Trump sent out a tweet following news of Joe Biden’s election victory on Nov. 7 announcing a “big press conference
Donald Trump and the ‘moron in a hurry’ trademark rule Read More »
By Tony Poland, LegalMatters Staff • Sometimes there is no difference between apples and oranges – or any other fruit – when it comes to protecting an iconic logo, especially if that logo belongs to Apple, says Toronto intellectual property lawyer John Simpson. Apple has filed a notice of opposition in the United States Patent
Comparing an iconic apple to a pear in a trademark fight Read More »
