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Intellectual Property

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02/02/2012 The Cassels Brock Report - February 2012
  1. New Domain Names
  2. A Trade-Mark Registration for Trade Dress
  3. MARCHÉ EXPRESS
  4. We Were Just One Click Away for Supreme Court of Canada Review
  5. “Intrusion Upon Seclusion” – The Tort Whose Time has Come?
  6. An Equitable Interest in a Patent
11/22/2011 The Cassels Brock Report - November 2011
  1. A Matter of Deference
  2. Trade-mark Licences and Controlled Corporations
  3. Summary Trial
  4. Interpreting Industrial Design Registrations
  5. Enforceability of Online Agreements
  6. Supreme Court Clarifies Role of Hyperlinks in Defamation Case
  7. Untruth in Advertising: Competition Bureau Cracks Down on Misleading Advertising
10/21/2011 Providing Hyperlinks to Defamatory Material Does Not in Itself Constitute Publication of that Material
10/05/2011 .XXX Domain Opt-Out Period Ends October 28, 2011
09/21/2011 The Cassels Brock Report - September 2011
  1. What Is a "Sculpture" for Copyright Purposes? Can an Action Be Brought for the Infringement of a Foreign Copyright?
  2. Infringement of Design Trade-marks
  3. Trade-mark Genericism
  4. The Status of the New gTLDs
  5. Lawyers and Accountants Qualify for .xxx Sponsored Top-Level Domain Registration. An Exercise in Brand Protection
  6. Privacy Compliance – Just Good Business Practice?
  7. Salary, Solicitation And Standards Of Conduct For Sports Agents
  8. Tucows.Com Co. V. Lojas Renner S.A., 2011 ONCA 548
07/28/2011 The Cassels Brock Report - July 2011
  1. BAM!
  2. CHAMPAGNE Domain Names
  3. Trade-mark Confusion Analysis and First-to-Use v. First-to-File Clarified by Supreme Court of Canada
  4. Landmark Counterfeiting Case Awards Louis Vuitton and Burberry $2.5 Million in Damages: Louis Vuitton Malletier S.A. v. Singga Enterprises (Canada) Inc.
  5. Canada’s Anti-spam Legislation – Regulations Now Open for Comment
  6. Service Level Agreements in Hosted Software As A Service (SaaS) Agreements
  7. Back-Dated Copyright Assignments
  8. Updating the Standards for Reporting on Controls at Service Organizations
07/18/2011 A Brave New World Wide Web: A Collection of Recent Media Addressing the Impact of the New gTDLs
06/09/2011 Appellate Court Approves Efficient Process for Parties Seeking Legal Remedies for Trade-mark Infringement
06/07/2011 gTLD Changes That Will Rock Your World Wide Web: A Podcast
05/30/2011 Trade-mark Confusion Analysis and First-to-Use v. First-to-File Clarified by Supreme Court of Canada
05/25/2011 The Cassels Brock Report - May 2011
  1. The Distinctiveness of a Trade-mark is Not Static
  2. Online Trade-mark Use
  3. An Ethical Dilemma
  4. Data Security – The Case Against Cloud Computing
  5. Deal or No Deal: Copyright Protection in Television Formats
  6. User Generated Content: Recent Developments in Canada and the US (Article)
  7. The Glamorous World of Trade-marks
  8. Trade-mark Bullies Revisited
03/31/2011 The Cassels Brock Report - March 2011
  1. The Edible Play Dough
  2. Use of a Composite Mark may not be Use of a Registered Mark
  3. BC-BUD
  4. Breaking News
  5. The New gTLDs and How to Cope with Them
  6. So, You Thought Bill C-32 Would Fight Piracy? Think Again...
  7. Distinctiveness of A Colour and Shape Trade-mark
  8. That's Hot: Trade-mark Rights in Catch Phrases
  9. An Overview of Canadian Tax Credits for Foreign Based Canadian Location and Service Productions in the Film and TV Industry
02/02/2011 The Cassels Brock Report - February 2011
  1. Trade-Mark Bullies
  2. Motor Vehicle and Bicycle Marks
  3. When Should a Trade Mark Opposition be Stayed?
  4. Interlocutory Injunctions in the Federal Court
  5. Quebec Court enforces US Court’s $873 million judgement against Facebook Spammer
  6. Trade-marks and Product Placement: The Use of Branded Products in Film and Television Productions
  7. Industrial Design Protection in Complement to a Trade-Mark Branding Program
11/30/2010 The Cassels Brock Report - November 2010
  1. Initial Interest Confusion
  2. The Transcendence of Famous Marks
  3. What's in a Title?
  4. Revisiting Recent Developments on the Scope of Patentable Subject Matter
  5. Quebec Modernizes its Consumer Protection Act
  6. Federal Court’s Jurisdiction is Limited
  7. Technical Protection Measures
10/18/2010 New Podcast: Brand Management in Canadian Law
09/28/2010 The Cassels Brock Report - September 2010
  1. The Spirit of Cuba
  2. The Importance of the Date of First Use
  3. Bathroom Tissue Must be in View to be Distinctive
  4. The Scope of Protection for Industrial Designs
  5. Federal Court of Canada Gives Organizations a Break
  6. The Proposed Canada Consumer Product Safety Act and Related Exemption Regulations
  7. What We're Up To
07/28/2010 The Cassels Brock Report - July 2010
  1. Copyright Reform
  2. Protection of Geographical Indications
  3. How Not to Treat a Trade-Mark
  4. What’s In A Name? A Rose by Any Other Name Would Smell as Sweet!
  5. Privacy Slow Cooker – Were PIPEDA Amendments Worth the Wait?
  6. Canada’s Anti-SPAM Legislation – New Name, Old Content
  7. Are Online Music Previews "Research?" - The Federal Court of Appeal Says "Yes."
  8. Open Source Software: What it Means for Your Business
  9. Recent Developments on the Scope of Patentable Subject Matter
05/13/2010 The Cassels Brock Report - May 2010
  1. Coloured Stripes in Toothpaste Protected
  2. Supreme Court of Canada Grants Leave to Hear Trade-Mark Appeal
  3. Attacking Secondary Pharmaceutical Trade-Marks
  4. Think Before You Link – Potential Defamation Liability for Hyperlinking
  5. Tercon and Fundamental Breach – How a Construction Dispute Leads the Way for Licensing Contracts
  6. AdWords, AdLawsuit?
  7. Liability for Authorizing or Procuring Infringement
  8. Update on New gTLDs - Trade-Mark Protections Addressed by ICANN
  9. What We're Up To
03/24/2010 The Cassels Brock Report - March 2010
  1. Vodka, Champagne and Passing Off
  2. Colours and Trade-Marks
  3. New Evidence and Relevant Dates in Trade-Mark Opposition Appeals
  4. New Rules for "Made in Canada" and "Product of Canada" Claims
  5. RFP Tips and Traps – Supreme Court Approves the "Tercon Factors"
  6. What is a "Sculpture" for Copyright Purposes?
  7. Big Changes Ahead for Generic Top-Level Domains
  8. Canada's Anti-Spam Bill to Impose New Obligations
  9. What We're Up To