Alas, like many pioneers, they were effectively litigated out of existence. With the upsurge in video file-sharing sites, are we going to see a new round of battles, this time over copyright in video and movie content?
The answer to this question will lie in the degree to which the industry becomes successfully enmeshed in the success of video-sharing. Yes, we are already seeing copyright lawsuits against YouTube and MySpace. They are part of well-established corporate empires: The content industry is enmeshed.
If industry can generate profit through these distribution models, the battles will be between competing empires over who has the most successful distribution model and the most effective copyright protection measures. For Canadian video content producers, the questions remain the same as always: If copyright infringement is occurring, can it be stopped and at what cost?
One such concept is that two similar or even identical marks can coexist as long as they are in different channels of trade. This permits the trade-mark DELTA to be used by an airline, a water faucet manufacturer and a hotel chain without any confusion. In the recent decision in Louis Vuitton Malletier S.
The famous hand-bag company sued a manufacturer of pet accessories such as dog beds and chew toys for trade-mark infringement. Essentially, the court disagreed. The court looked at a number of other factors to determine whether the two marks were used in the same channel of trade.
Many companies want some basic guidance on copyright. It was originally developed to give writers and artists a measure of control over who can rightfully copy their works. Copyright is a function of the law set out in the Copyright Act and in the court decisions which interpret that Act. Someone who creates an original work automatically enjoys copyright protection in that work by virtue of the Copyright Act.
For copyright to subsist, the work must be original and it must be reduced to a fixed form for example, copyright does not protect mere ideas which are not expressed in writing. Technically, you do not need to register copyright in order to enjoy the protections under the Copyright Act. In other words, you are presumed to be the owner of a work in which you have a copyright registration without having to prove that you were the author of the work. Whereas, without a registration, you would have to prove authorship and ownership of that work in the event of any dispute.
Copyright registration is easy to do relative to patents or trade-marks, for example. The Canadian Intellectual Property Office provides more detailed guidance on that process. What can I do if someone else uses my copyrighted works without my permission?
There are a number of exceptions in the Copyright Act which permit copying under certain circumstances, but if those exceptions are inapplicable, then you may be able to sue the infringer to prevent the unauthorized copying. Internet Service Providers ISPs are often on the front lines of the battles taking place in internet law.
We will be monitoring developments to see whether the Conservative government will introduce legislation in this thorny area. The decision cane be found at AstraZeneca Canada Inc. The Patented Medicines Notice Of Compliance Regulations govern patented pharmaceutical products in Canada and provide brand-name drug companies with some extra tools in their competition against generic drug manufacturers.
The brand name drug company which owns the patent may respond by issuing its own application for a prohibition of the NOC. There has been much criticism of this tactic. Of course, there are limitations to the coverage, one of which is that the indemnity does not cover code which is modified by the customer. For licensors, offering such an indemnity is a calculated risk. Software licensors, whether in the open-source or traditional software market, need to balance the costs associated with risk allocation.
Different companies will take different approaches depending on their overall strategy. We will be watching these developments closely as open source software legal issues continue to be front-and-centre for many software companies.
To put this another way, features that are dictated solely by a utilitarian function of the article are ineligible for protection. Registration is required and protection expires after 10 years.
This depicts a recent registration by Lululemon. The design comprises the pattern feature of a shirt as depicted in solid lines in the drawings. The portions shown in stippled lines do not form part of the design. Placement of a pocket on a t-shirt may not be considered innovative, but even minor differentiators can help distinguish a product in a crowded field. That topic is well-covered elsewhere. However, some brands take advantage of a lesser-known area of trademark rights: The shape and appearance of the footwear itself has been used so long that it now functions as a brand to distinguish CROCS from other sandals.
Just as with industrial design, the protected features cannot be dictated primarily by a utilitarian function. Others have filed distinguishing guise registrations in Canada, including Canada Goose Inc. For a distinguishing guise application, each applicant will have to file evidence to show that the mark is distinctive in the marketplace in Canada.
That is not the case with a regular trademark, such a word mark or regular logo design. Archive for March, Google vs. The Final Countdown March 23rd, Category: By Richard Stobbe Last month we asked: For these two different issues, Canadian courts have applied different tests to determine whether such clauses should be upheld: In the commercial context as opposed to a consumer agreement , forum selection clauses are generally upheld.
In the case of upholding arbitration clauses , the courts have applied a different analysis: The decision is reportedly under appeal. Copyright in Architectural Works: By Richard Stobbe Who owns the copyright in a building? Fashion products can be protected in Canada using a number of different IP tools, including: The solid lines on the image above represents a protected design registration filed by Nike.