News of the Week Vol. 5 to November 28

IP in Karate

I know Professor Festinger is probably hoping that someone will do an interpretive IP dance, and while I won’t be doing that here, this gets close! My contribution here relates to copyright and trademark issues in the creation of a hybrid kata based on two different styles of karate. For those not in the know, […]
Week 8 Slides & Video

Slides & video below… Jon
A brief discussion of the philosophical justifications for intellectual property

Hey everyone! I wanted to briefly discuss the various dominant theories that are used to justify the grant of intellectual property rights and some of their shortcomings. Some of these theories have been mentioned during the course. Please see the discussion below: One of the prominent justifications for the grant of Intellectual Property rights […]
Ordinary Marks and Packaging: When Public Policy says no?

Our introductory lesson into trademarks really got me thinking about ordinary marks and signs. In reflecting I turned to none other than Apple, a company who is notorious for having unique “signs.” As an aside, I was doing some quick research and came across Apple’s own (as they make clear “non-exhaustive”) trademark list. I encourage […]
IP in Daily Life

I am part of the LSS Social Council this year and am in charge of securing venues for our yearly events. In receiving an event quote from one of the venues this evening, something stood out to me that I otherwise wouldn’t have noticed had I not taken this course: It would be great to […]
“This smells familiar” – Copyright and fragrances: Zara perfumes

Let’s talk about fragrances. So recently I walked into a Zara store on Robson Street for my weekly shopping through my eyes (*inserts laugh). I made my way to the perfume section and the “ Red Temptation” caught my eye. I got to know from social media it was the dupe of “Maison Francis Kurkdjian […]
Surveying Local Goodwill: Exotic Snack Shops

In this blog post I will be taking more of a narrative approach as opposed to a strictly legal approach with respect to goodwill. Bear with me while I set the stage. It was a few weeks into the lockdown – a select group of us with the same “schedules” played Call of Duty almost […]
Fairness and Fandom: The Uncertain Relationship of Fanfiction and Canadian Copyright Law

For my term project I chose to explore the legal status of fanfiction within Canadian Copyright Law. My focus on this topic was inspired by my long-time love for the Harry Potter series, which first introduced me to fanfiction, as well as Professor Festinger’s comments in his October 31 lecture, regarding the uncertain status of […]
“Derivative Works” in Canada?

When we learned from this course that academic exam papers count as literary works,[1] and student notes can be literary works too, I started to wonder if a student take notes for a course, sell the notes, and earn a lot of money (because the notes / the professor are so popular), can the professor receive […]
Week 7 Slides & Video

Slides & video below. Unfortunately, the slides were not synced for the first half of the class. So it is effectively audio only. After the break things returned to normal. Jon
Passing Off in the Context of the Restaurant Industry: Soup Dumplings Galore

The idea for my posting today actually came to me while I was back home in Ontario for reading week. If there is one thing to know about me, it’s that I’m a huge foodie – living in diverse cities such as Vancouver and Toronto has given me the opportunity to explore countless options offered […]
IP x Nike x Off White – Post

I have been a sneakerhead for more than half of my life, and I distinctly remember the exact day that the coveted Nike x Off White collaboration, designed by Off White’s visionary creator Virgil Abloh, was released in limited quantities to the general public. Off White, a luxury streetwear style brand, is well known for […]
Trademarks- Expansion of NICE Classification to include blockchain related technologies

Brief explanation of Nice Classification The Nice Classification was established by the NICE Agreement of 1957, which is a multilateral treaty that classifies goods and services for trademark registration. It groups goods into 34 classes and services into 11 classes. Each class has explanatory notes that expatiate upon what goods and services fall within […]
IP and Real Housewives

I was watching Real Housewives of Beverly Hills and the gals were having a Great Gatsby themed party at Crystal’s house. Kathy had an alleged freak out in front of Lisa the night before and then Lisa said she was so uncomfortable that she had to leave the party early (totally just trying to start […]