Posts

“Style, no matter how creative, is an idea, and is not protectable by copyright.” – A win for my Aritzia girlies.

A federal judge in the United States has dismissed a lawsuit against Aritzia that accused the retailer of copying an artist’s work with hot pink, squiggle-shaped sculptures that appeared in stores in early 2023. Here is the link to the initial lawsuit made by Richard X Zawitz, the owner of Tangle Creations posted by pr1ncess.

You say Arc’teryx I say ATerrex

I hope everyone has had a wonderful holiday. I couldn’t resist posting this link and photo. https://vancouversun.com/business/local-business/arcteryx-wins-court-injunction-against-adidas-terrex-kitsilano-store-in-trademark-spat With a result that should surprise no one, Arc’teryx has received an injunction against Adidas Terrex. Checkout the photo caption! Confusion indeed! Enjoy the last few days of holidays all!  

Orphan Works Protection Isn’t Enough to Save 20,000 Anime Film/TV Masters from Destruction (They’re fine for now)

  I felt like posting this saga once enough time passed when an anime restoration and archiving company closed down and had to figure out what to do with thousands of anime film masters or destroy them. Few companies are capable of storing film masters, and Tokyo Lab was one such company. Film Masters are […]

Cats, Knives, and Tentacles: Practical IP Protection through Personal IP Stories

Hi all, Here’s another PechaKucha presentation! This one’s on some practical ways to protect IP through personal IP stories, including my own. (I did another PechaKucha on NILs in the context of US college sports so if you’re curious about that, its a few posts back.) To access the presentation via Google Slides, click the […]

Apple pauses iWatch Sales in a Heartbeat

In a plot twist more dramatic than an iPhone launch, Apple is hitting the pause button on sales for its Series 9 and Ultra 2 Apple Watches in the U.S.   Why? Glad you asked. Well, it turns out the cool blood oxygen sensor, the heartbeat of Apple’s smartwatches, has caused a not-so-healthy legal commotion. […]

AO3 vs AI: Are copyright claims the solution to unauthorized data scraping of fanfiction sites?

Fanfiction refers to creative fiction produced by fans of a particular original work that derives from its characters, plot, settings, or themes. Fanworks are characterized by their transformative nature as creative reinterpretations and expansions upon the original source material. They are non-commercial in nature, crafted out of a genuine love for the source content and […]

Fanfiction writer sues author – loses lawsuit and loses his work

You have heard about authors suing fanfiction writers, you have heard about authors suing ChatGPT, but have you ever heard of fanfiction writers suing authors?   In a rather bizarre case, Demetrious Polychron, an avid fan of the Lord of the Rings franchise, decided to sue the Tolkien Estate and Amazon for alleged copyright infringement […]

Trademark Nightmares

Posting this for any fans of Kitchen Nightmares who want to see an example of how trademarking can go wrong. Apparently in Baltimore the endearing term ‘Hon’ (short for honey) is very popular. This led one local café owner to trademark the name of her café, “Café Hon”. She also threatened to sue other people […]

Source Recourse? Intellectual Property and Fanfiction

When we’ve fallen in love with a story, a character, or a fantasy land, there is a tendency to want to dive deeper into this fictional universe. The original creative minds may spur out sequels and spinoffs in response to fan demand – or they may not. Either way, it is almost guaranteed that the […]

What happens when fanart gets too good?

As a lifelong musical theatre fan, my current obsession is Mozart, the Rock Opera (the “Musical”).[1] I recently came across some incredible Fanart that got me pondering all the copyright issues between fanart and the original Musical. The Musical is French, with no official adaptions to other languages. Yet, some very talented Chinese fans have […]

Apple’s Lost Patent Battle: Out of Time?

If you were planning to give a loved one an Apple Watch for Christmas this year, I hope that you are not a last-minute shopper, because the newest versions of the beloved smart watch are being pulled from the Apple website on December 21st and from store shelves on December 24th. The reason? A patent […]

Video game copycats – where is the line drawn?

Hi IP friends, in an attempt to wind down from the IP exam, I made myself a nice latte with some latte art and fired up my favorite game, ‘League of Legends’ but what do I see? IP issues again! On December 18th, a decision was made in California federal court for a Singapore-based video […]

The Rise of the Machines

  “The rise of the machines is here, but they do not come as conquerors, they come as creators.”[1]  This concept of creating is fundamental to Canadian copyright law.  Indeed, copyright’s raison d’etre has been described as “encouraging the dissemination of works…and obtaining a just reward for the creator.”[2]  Why then, have these machines divided […]