The Supreme Court of Canada has been busy issuing a number of important decisions. These are sure to have a substantial impact on Canada’s legal landscape surrounding intellectual property rights and, as a result, the Canadian economy as a whole.
What does it mean to say a patented invention is “useful”? Our latest IP@Nelligan blog post looks at a recent Supreme Court case involving two pharmaceutical companies and the utility of a patent for heartburn medication.
Last week, the Supreme Court of Canada released its landmark ruling in the Google v Equustek case. The Google case is the latest chapter of a global shift that has seen neutral online intermediaries, like Google and Yahoo, conscripted into active enforcement roles. The impact of this ruling will play out globally in the coming months and years.
Today, the Supreme Court of Canada released its decision on the “Facebook case”, Douez v. Facebook, Inc.. The case was brought by Deborah Douez, a resident of British Columbia. She objected to her name and photos being used in “Sponsored Stories” (one of Facebook’s advertising products), in contravention of section 3(2) of British Columbia’s Privacy Act, and sought to file a class action against Facebook.
Shock-rock icon Gene Simmons, celebrity entrepreneur and vocalist/bassist with the group KISS, has recently applied for a US trademark based on the famous “Sign of the Horns” hand gesture. The application is directed to services in the nature of “live musical performances”, and Simmons claims trademark rights back to November 1974.
The latest fad to hit the market are fidgets-spinners, hand-held spinning devices that have become hugely popular with school kids over the last few months. Naturally, when a gadget like this appears to come out of nowhere, people often wonder who invented it.
In a more caffeinated retelling of the David and Goliath story, Seattle-based coffee giant Starbucks Corp. is being sued in US court by a small Brooklyn coffee shop, for allegedly appropriating the name “Unicorn Frappuccino” for use in connection with its colourful and limited-edition drink.
Can something I have created be copyrighted so that not even I can reproduce it? How much control do I have over my licenced and copyrighted material? The worlds of celebrity and IP rights collided in a similar manner this week as television personality Khloe Kardashian was reportedly sued in California Court for posting an image to her Instagram account that had been previously licensed to the UK’s The Daily Mail tabloid.
In the world of popular music, who should get the credit for melodies, lyrics and rhythms that may have been “inspired” (either intentionally or not) by the body of work that predated this latest hit song?
Members of Nelligan O’Brien Payne’s Business Law and Intellectual Property groups will be attending the 2017 Fundica Roadshow in Ottawa on March 24 2017.