Posts

News of the Week; February 3, 2021

INTELLECTUAL PROPERTY For the Want of a Nail – Copyright Claims Fail When Plaintiffs Can’t Show Ownership Thomson Reuters v. ROSS case will test limits on protections for subscription-based database: ROSS Intelligence alleges monopolistic, anticompetitive control over legal research market Bernie and his Marvelous Mittens. It’s all Good Fun Until a Copyright Lawyer Gets Involved  […]

Does fair dealing or public interest apply when infringing copyright of health information?

https://www.canadianlawyermag.com/practice-areas/intellectual-property/canadian-intellectual-property-office-allows-requests-for-expedited-covid-19-medical-trademarks/337322 I found this article quite interesting [and relevant to the situation we are currently in]  and it raises interesting questions. Although the article talks more specifically about trademarks, consider if there was a scientific report which outlined vital information regarding practices to promote pubic health. If such a paper or textbook was covered by […]

Could Memes be infringing Copyright? “Bernie Sanders and his Marvelous Mittens…”

https://www.mondaq.com/canada/copyright/1031182/bernie-and-his-marvelous-mittens-it39s-all-good-fun-until-a-copyright-lawyer-gets-involved I thought this article was interesting, even if the heyday of the Bernie Mittens meme is already past. Personally I hadn’t considered the copyright implications of memes and to me it seems that this article does a great job of discussing the basics of what defenses one might use if challenged. It also is […]

News of the Week; January 27, 2021

INTELLECTUAL PROPERTY  Software-Generated “Infringement Report” Supports $262,931 in Remedies For Copyright Infringement Securing Copyright and Trademark Rights for Broadcasts and Promotions Related to NFL Championship Games and Super Bowl LV (55) Sony Music Entertainment v. Cox Communications (USDC, Virginia: January 12, 2021): Denies ISP’s post-trial motion to reduce $1 billion statutory damages award in copyright […]

Federal Court grants damages for copyright infringement based on an infringement report generated by antipiracy software

Hi all, this may come up in the News of the Week, but earlier last week the Federal Court granted damages on an ex parte motion for default judgement based on “Infringement Reports” generated by SmartFlow through their built-in antipiracy products. This article by Bereskin & Parr provides a good summary of the case (linked below), […]

News of the Week; September 20, 2021

INTELLECTUAL PROPERTY Foreign Certificate of Registrations of Copyright may not suffice to prove ownership of copyright in Canada How one musician took on the world’s biggest TV network over copyright—and won Ninth Circuit Panel Adopts “Asserted Truths” Doctrine in Holding Jersey Boys Musical Does Not Infringe Copyright  INSTA-FRAUD Instagram ‘Copyright Infringement’ Martin v Kogan: High […]

How can small (black-owned) businesses protect themselves from “predatory” trademark practices?

Hello everyone, I came across a really interesting article earlier this week that I thought I would share. I’m sure we’ve all heard about instances where black content creators — whether they be artists, fashion designers, musicians, etc. — have had their work stolen by larger companies or personalities. This article is an interview with one […]

News of the Week; January 13, 2021

INTELLECTUAL PROPERTY Eleventh Circuit Says Netflix Series Does Not Infringe Copyrighted Memoir Ninth Circuit Holds Dr. Seuss-Star Trek Mashup an Infringement, Not a Parody This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’ Copyright Troll Richard Liebowitz Helps Protect Free Speech & Fair Use By Losing Yet Another […]