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Intellectual Property

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Friday, July 13, 2018 @ 1:56 PM

Google: It’s a verb; it’s a noun; it’s an example of genericide brandnames

Can a brand become so well known that it crosses the boundary and becomes a generic word? When I go to the shoe store, do I shop for “nikes” or do I shop for Nike-brand footwear? ... [read more]

Wednesday, July 11, 2018 @ 9:30 AM

In blockchain we trust Manoncomputerchip_sm.jpg

The first thing we do, let’s disintermediate all the lawyers. Imagine a virtuous world where someone says they would do something and then actually did it. Blockchain promises to revolutionize the economy since the need for virtue simply disappears. ... [read more]

Tuesday, July 10, 2018 @ 12:28 PM

Grey market sales can be restricted, even if not from Mars marsbars_sm.jpg

Grey market goods are the scourge of authorized distributors and manufacturers, since they tend to undercut the authorized channels on price and act as a gateway for counterfeit goods in the supply chain. ... [read more]

Tuesday, July 10, 2018 @ 10:44 AM

Bereskin & Parr adds associate

Andrea Berenbaum has joined Bereskin & Parr’s Toronto office as an associate and member of the firm’s life sciences and patents practice groups. ... [read more]

Tuesday, June 26, 2018 @ 8:52 AM

Prejudgment interest: Challenges and solutions prejudgment_interest_sm

While the prejudgment interest (PJI) regime varies from jurisdiction to jurisdiction, all regimes have one thing in common — the rates are remarkably low, presently generally in the one per cent range, and without compounding. ... [read more]

Friday, June 22, 2018 @ 6:19 PM - Last Updated: Monday, June 25, 2018 @ 11:55 AM

Chief Justice Wagner calls for judicial discipline reforms as Ottawa drags heels on removing sidelined judge Richard Wagner

Canada’s top judge has called on the Trudeau government to enact reforms to reduce the persistent lengthy delays and high costs of the federal judicial discipline process. ... [read more]

Tuesday, June 19, 2018 @ 12:04 PM

Colour it mine: Protecting colour trademarks in Canada Red&Blackstilettos.jpg

Colours can function as indicators of source, and many colours acquire distinctiveness over time. One of the world’s best-known colour trademarks is Christian Louboutin’s famous red sole. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Wednesday, June 13, 2018 @ 12:42 PM

U.S. puts Canada on 2018 Priority Watch list for IP protection and enforcement GuyWithMagnifyingGlass

In its 2018 Special 301 Report, the Office of the United States Trade Representative downgraded Canada’s status on the Special 301 List from Watch List to Priority Watch list. ... [read more]

Friday, June 08, 2018 @ 12:28 PM

How AI can protect your patent from the ‘death squad’ Robotichead_sm.jpg

As many in the intellectual property community will know, there has been considerable buzz stateside over two recent U.S. Supreme Court decisions pertaining to the controversial post-grant patent review process called inter partes review (IPR). These decisions — and the IPR process, generally — are very relevant to our work at Legalicity. But before I explain why, I should first describe what IPR is, who it impacts and why it’s controversial. ... [read more]