How to test your corporate knowledge

March 26, 2018
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Corporate knowledge, from an intellectual property and technology lawyer’s perspective could be a detailed understanding at the management level of the source and direction of the innovations and technology that underpin the company. But are these invaluable aspects of the business both properly protected in a strategic and cost-effective manner and commercialized to the fullest extent possible?

IP Round Up: “Banal” Lyrics and “Taco Tuesdays”

February 20, 2018
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As reported in this space last month, Taylor Swift has recently been involved in a copyright infringement court battle over the question of whether the lyrics of her hit song “Shake it Off” were copied from an early 2000s song by 3LW titled “Playas Gon’ Play.” This post also looks at a trademark dispute over the phrase “Taco Tuesdays”.

Happy Chinese New Year 2018 – Year of the Dog!

February 16, 2018
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Today is the first day of the Chinese New Year. And 2018 is the Year of the Dog! People born in the Year of the Dog – birth years 1934, 1946, 1958, 1970, 1982, 1994 and 2006 – are characterised as sincere, reliable, considerate, intelligent, and hardworking. Nelligan O’Brien Payne’s Intellectual Property Group wishes you and your family health, happiness and prosperity for 2018.

Celebrities Dip Their Toes (Paws?) Into The World of IP Protection

February 5, 2018
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The job description of being a successful performing artist has certainly expanded in recent years, and it has become quite common for celebrities to seek registration for the intellectual property rights surrounding the burgeoning business of being a star.

Swift’s legal team battles accusations of plagiarism

January 9, 2018
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Why should musicians know about copyright and trademark law when it comes to their brand? In our latest IP@Nelligan blog post, Adam Tracey looks at a recent Taylor Swift copyright infringement suit over the lyrics to one of her hits, and explores Swift’s own trademarking efforts.

Merry Christmas!

December 19, 2017
Blog Post

The Intellectual Property Group and Business Law Group at Nelligan O’Brien Payne LLP wish you and your family a Merry Christmas, and Happy Holidays! All the best in 2018!

Ottawa resident wins Right to Privacy case based on video clip

December 18, 2017
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An Ottawa woman recently won her case against an advertising firm who used a clip of her jogging for a promotional video without her permission. In our latest IP@Nelligan blog post, Adam Tracey warns that using short video clips for commercial purposes can result in a breach of privacy and appropriation of personality claim, and that this decision sets an interesting precedent in Ontario law.

An entrepreneur’s intellectual property toolkit: Simple steps to avoid legal headaches

November 21, 2017
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It’s the legal question known to elicit grimaces in startup circles. Have you done your due diligence? If you’re a successful early stage entrepreneur, the odds are good that the answer is no; you’ve simply been too busy running a business. But there comes a point where it’s important to sit down and ask yourself some tough questions about where your legal risks lie.

Toronto Neighbourhood Heats Up Over Copyright Battle

October 13, 2017
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Copyright can apply to a wide variety of creative works. This includes sculpture, paintings and architectural work. An architect generally maintains the copyright in architectural designs unless those designs were developed for a client under the explicit understanding that the client owns the architect’s work product. But what happens when a newly built house appears to bear the exact same design as another house in the same neighbourhood?