In its recent Milano Pizza Ltd. v. 6034799 Canada Inc. decision, the Federal Court ordered the expungement of a trademark registration because the plaintiff did not exercise sufficient control over the use of the trademark by its licensees. This decision provides a helpful reminder of the dangers of relying on verbal agreements instead of written trademark licenses, and the need for trademark owners to maintain control over their licensees.Continue reading
Category Archives: Intellectual property
Introduction to Trademarks – the Basics
As a strong supporter of the food and beverage industry, Fasken is pleased to invite you to view this episode of the Masterclass Series, presented by BC Food & Beverage (BCFB).
This video series features topics that will be of interest to producers, distributors and retailers in BC’s growing agribusiness, food and beverage industry.
Hear from Roger Kuypers and Janine McNeil, Trademark Agents at Fasken who discuss the importance of trademarks and how an effective trademark strategy is critical to your brand’s future growth and success.
Today’s Youth, Tomorrow’s Innovators: Emerging Technologies Present Challenges and Opportunities for the Creation and Protection of IP
In celebration of this year’s theme for World IP Day, IP and Youth: Innovating for a Better Future, we are exploring the IP implications of emerging technologies that may shape our collective future: (A) artificial intelligence, (B) the metaverse, (C) non-fungible tokens, and (D) clean technologies.Continue reading
Lavigne (Valmedia) v. 9061-6632 Québec inc.: Infringement of moral rights will not go unpunished
(French version available at bottom of article)
True to its continental European heritage, Canada has a strong regime for the protection of moral rights. This includes the inalienable right of creators to be associated with their work as its author and to protect its integrity, notwithstanding any assignment of economic rights. These rights have been recognized in Canada under the Copyright Act (the “Act”) since 1931 and have been repeatedly recognized in past decisions of the Supreme Court of Canada1.
NFTs, Intellectual Property, and Art: An Overview in Three Parts (Part 3 of 3)
This article is part of a three-part series on NFTs:
- Part 1: What are NFTs and Where Do They Derive their Value?
- Part 2: NFTs and IP Law
- Part 3: NFTs and the Digital Art Marketplace
In the first and second parts of our series on NFTs, we discussed where NFTs derive their value and what this new breed of digital tokenization means for IP-rights creators, holders, and users.
In this third and final instalment, we look at the history of NFTs from an artistic perspective and what their emergence means for the world of digital art.Continue reading