Posts

MetaBirkins NFTs: is there an IP claim for Hermes?

https://finance.yahoo.com/video/h-rmes-sues-metabirkin-nft-190522448.html In this article, an American law professor professes his opinion that an NFT project called “MetaBirkins,” consisting of procedurally-generated digital art that is an obvious representation of a famous series of Hermes Birkin bags, does not violate any of the IP rights of Hermes.  Kal Raustiala contends that the project would be covered by […]

New American legislation to protect vaccine manufacturers’ IP rights

Some interesting news for the last day of the term: there has been a bill introduced in the US that protects vaccine manufacturers against the Biden government, led by Republicans like Marco Rubio. The Republicans are expressing concern that if Biden issues waivers, China and Russia are going to use the vaccine inventions and “claim […]

Final Project: How can philosophy help us think about the boom in musical copyright cases?

Hello everyone! For my final project I am outing myself as a Podcaster and decided to do a podcast episode on my show about how we can use philosophy to think about problems in musical copyright cases. You can have a listen and read the bibliography and show description at the link below: https://ghorayeb.substack.com/p/how-can-philosophy-help-us-think?s=w You […]

Blockchain: The New-Age Copyright Registrar?

*Professor Festinger, please accept this as my paper to go towards 20% of my final grade.   Blockchain: The New-Age Copyright Registrar?   I. Copyright in the Digital Environment It is estimated that, in 2020, 64.2 zettabytes of data created, captured, copied and consumed on the internet.[1] In today’s Web 2.0, creative works are created, […]

Ed Sheeran Lawsuit — Independent Creation in the Music Industry

Hey everyone, hope the exams are going well. I recently saw this in my YouTube feed and wanted to make a quick post. Apparently, there has been a copyright lawsuit involving his music, which I did not know about (See attached article for more details). What I wanted to focus on, however, was a point […]

The CRISPR Battles

Hello everyone! I never thought I would be writing about science but I went home for Easter weekend and was talking to my brother, who is a PhD student in UBC’s Faculty of Medicine. He’s been doing research on genetics, and I was talking to him about patents and the Harvard Mouse case. At the […]

Final Project – Lack of Copyright Protection in the Fashion Industry

I’ve enjoyed the TedTalk we watched in class where Johanna Blakley discussed how the lack of copyright has allowed innovation and the establishments of trends in the fashion industry. Please see my final paper attached below where I discuss the topic further.   The lack of copyright has fueled huge economic gains in the fashion […]

Indigenous Trademarks in Sports

Indigenous Trademarks in Sports Until recently, the use of Indigenous-related trademarks in sports was a controversial issue. While it is well-settled today that, at least morally, professional sports teams should not be using Indigenous trademarks for their name (i.e., the Washington Redskins) or mascot (i.e., Chief Wahoo for the Cleveland Indians), it is less clear […]

Patent Law Regime in Canada V/S United States

  Hi everyone, I am LL.M. (Common Law) student. Recently, during our Patent Law classes my curiosity arose to know on what grounds Canadian Patent Law is different from our neighbouring state’s law i.e. from the United States. Hence, I decided to write this comparative analysis. In a nutshell I concluded that US patent law […]

INTERACTION BETWEEN COPYRIGHT LAW AND AI : COPYRIGHT-ABILITY OF AI GENERATED WORK

  Hello everyone! I am a LLM CL candidate from India. who is taking this course at JD LEVEL. I have attempted to analyse the interaction between Copyright Law and AI.In August of 2021, India’s copyright office for the first time ever recognised the RAGHAV Painting App, (an artificial intelligence tool) as co-author of artwork. […]

The Phillie Phanatic is Back!

Hi all, With the Major League Baseball season officially commencing today, I thought it was fitting to share an interesting story about the Philadelphia Phillies mascot, the Phillie Phanatic! While I’ve attached the link to the full Bloomberg Law story (and the short copyright settlement approval) below, here is a short summary of the story […]

The Lion joins the Jungle: Amazon acquires MGM studios, and how MGM paved the way for sound marks in Canada

Amazon.com Inc. recently announced it was joining forces with Meto-Goldwyn-Mayer (MGM) studios in an acquisition for $8.5 billion to bolster its intellectual property portfolio and original content for its online streaming service, Prime Video.   The streaming wars have continued to rage on and this is only the latest move by some of the TV-streaming […]

Protecting Canada’s National Flag

Hi everyone! I may be the only one intrigued by this and who didn’t know but I thought it would be good to share with the rest of you that our own Canadian flag is protected under the Trademarks Act. I came across this finding on the Government’s website as it was posted by CIPO. https://www.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/wr05045.html […]

Polo Ralph Lauren v. U.S. POLO ASSN. – A 38-year Trademark Saga

(Professor Festinger please mark this post for my 20%) Introduction In class a few weeks back we compared the two penguin designs that were the subjects of the case, Promafil Canada Ltée v. Munsingwear Inc. This case got me thinking of two logos that have caused me some confusion personally. Polo Ralph Lauren (PRL) and […]