This year, we are increasingly seeing how real world IP rights can be protected and enforced in the ever-expanding virtual world. Case law, especially in the United States, is developing how digital assets are bound by real-life intellectual property law. In particular, we have kept an eye on two cases of trademark infringement involving the sale of non-fungible tokens (NFTs): Hermès v Rothschild and Yuga Labs v Ryder Ripps.Continue reading
Tag Archives: Trademark
Is Mariah Carey the QUEEN OF CHRISTMAS®? Not according to the US Trademark Office!
Mariah Carey wrote and recorded one of the world’s most well known Christmas songs, ALL I WANT FOR CHRISTMAS IS YOU. Originally released in 1994, it has become a staple of holiday music playlists; the song has reported earned over $60 million in royalties. In view of this, Mariah Carey could arguably call herself the QUEEN OF CHRISTMAS, right?Continue reading
The Day of Reckoning for Official Marks – Coming Soon!
Official marks are an exotic species in the world of trademarks and a purely Canadian invention. They will soon become more vulnerable than ever due to the coming into force at some point in 2023 of a new provision of the Trademarks Act allowing third party challenges.Continue reading
Trademark Protection within Blockchain Domains
Companies owning trademarks should reserve their trademarks with blockchain naming systems. The risk of infringement of blockchain domain names is real and remedies are limited at this time. Thus, it becomes essential to protect the intellectual property rights of companies preventively within the blockchain ecosystem.Continue reading
Bill 96: Major Changes Affecting Trademarks on Packaging and Signage in Canada
Most companies doing business in Canada prefer to use the same branding across all Provinces and Territories, particularly for consumer product labelling and signage of consumer-facing businesses. This means that Quebec’s language law often defines how brands are presented across Canada. With new legislation adopted on May 25, 2022 (Bill 96), the Charter of the French Language is now much less favourable to trademark owners.Continue reading