Issues/Your Take

Trademarking Taste: An Untapped Frontier?

Trademarking Taste: An Untapped Frontier?

   On June 17th of 2025, a swath of significant amendments to Canada’s Trademarks Act entered into force, quite literally going as far as to change the definition a trademark. Out was any reference to a distinguishing guise, and in was a definition of Trademark including “a sign or combination of signs that is used […]

NFTs and Copyright: Is Blockchain Possession Creative Ownership?

NFTs and Copyright: Is Blockchain Possession Creative Ownership?

Over the last decade, we have seen a revolution on the internet. Particularly, now more than ever, people have begun to embrace digital assets, from Bitcoin and cryptocurrency tokens to NFTs (non-fungible tokens). According to Zimmerman and Giddens, an NFT can be understood as a digital certificate associated with specific rights in an asset. They […]

Nintendo of America v King: The Crystallization of Digital Copyright Enforcement in Canada

Nintendo of America v King: The Crystallization of Digital Copyright Enforcement in Canada

Term Paper by Shaan Lail Generated image using Gemini During this term, we learned about technological protection measures [TPMs] and how those who manufacture, import, distribute, offer for sale/rental, or provide any technology, device or component may be liable if the primary purpose is circumvention of a TPM. Nintendo of America v King, 2017 FC […]

When an Instrument Becomes a Work of Art: The Swiss “Hang” Case Through a Canadian IP Lens

When an Instrument Becomes a Work of Art: The Swiss “Hang” Case Through a Canadian IP Lens

1. Copyright, Design, and the Shape of Sound In intellectual property (IP) law, the boundaries between different forms of protection are not always clear-cut. Copyright traditionally safeguards creative expression, whereas industrial design regimes focus on the visual appearance of manufactured products. When an object serves a practical function while also embodying distinctive aesthetic qualities, it […]

I Run, the Next Hit Song! Or Is It?

I Run, the Next Hit Song! Or Is It?

A Case Study of AI and the Music Industry What is the trending “I Run” Controversy?  Last month, the music side of TikTok went absolutely crazy over a new song called “I Run.” An anonymous producer “Haven” dropped what sounded like a new, unreleased Jorja Smith single. It went viral immediately, hitting almost 3 million […]

It’s Alive!! But is it Patentable? Assessing Whether Dr. Frankenstein Could Patent his Monster

It’s Alive!! But is it Patentable? Assessing Whether Dr. Frankenstein Could Patent his Monster

Before attending our final Intellectual Property class together last week, I went to my local theatre to see the new film adaptation of Mary Shelley’s classic novel “Frankenstein.” The film, aptly also titled “Frankenstein,” directed by Guillermo del Toro, was an incredible reminder of my love for this infamous story of a scientist (Dr. Frankenstein) […]

The Devil Advocates for Prada – Designing Law for Fashion

The Devil Advocates for Prada – Designing Law for Fashion

The fashion world is no stranger to imitation, be it the artful homage to another designer or the much-derided “dupe” of a cut-rate pirate; famously avant-garde American designer Rick Owens told the Wall Street Journal in 2024 that “It’s always a delight,” to see his designs out in the world, “but it’s almost more of a […]