Trademark filings for 2011 were up about 7% from 2010. The percentage of trademark applications filed directly by the applicant increased from about 17% in 2010 to about 20% in 2011. My list of the top trademark firms by volume is now available for 2011. Continue reading Canadian Trademark firms in 2011
Monthly Archives: April 2012
Australian High Court on ISP liability for copyright infringed
On Friday, the High Court of Australia dismissed an appeal by content companies in Roadshow Films Pty Ltd v iiNet Limited,  HCA 16 (summary) on the basis that under the Australian Copyright Act the ISP was not to be held liable as having authorised infringements by its customers using BitTorrent.
Continue reading Australian High Court on ISP liability for copyright infringed
Industrial Design Consultation
CIPO has released consultation documents on the timing of accelerated examination for industrial design applications with claims of priority.
USSC on Orange Book information
The U.S. Supreme Court issued its decision today in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S on patent listing requirements in the FDA’s “Orange Book” for patented drugs. Caraco, an ANDA filer, brought a counterclaim in Novo’s Hatch-Waxman infringement action seeking an order that Novo correct patent information in the Orange Book on the basis the patent did not claim a use of the drug.
Copyright gray market and Hatch-Waxman
The U.S. Supreme Court granted cert today in Kirtsaeng v. John Wiley & Sons, Inc. relating to gray market textbooks and the copyright first sale doctrine. Also today, the CAFC released two decisions relating to the Hatch-Waxman Act.
Appropriation of Personality
In a decision released recently, the Court of Queen’s Bench of Alberta in Hay v. Platinum Equities, 2012 ABQB 204 granted damages for the appropriation of personality of a “non-celebrity”.
Google AdWords and Trademarks
The U.S. Court of Appeals for the 4th Circuit released a decision earlier this week in Rosetta Stone v. Google, remanding issues of trademark infringement in the summary judgment appeal relating to Google’s AdWords program.
Judges on the move
Judges were appointed today to the Ontario Court of Appeal, the Quebec Court of Appeal, the B.C. Court of Appeal, the Saskatchewan Court of Queen’s Bench, the Superior Court of Quebec, and the Ontario Superior Court of Justice. In other judicial news, former Supreme Court Justice Ian Binnie has announced that he is joining Lenczner Slaght.
CIPO consultation on patentable subject matter
CIPO has released its consultation documents on patentable subject matter. The consultation period is open until May 2, 2012 and relates to both the Federal Court of Appeal’s decision in Amazon.com and diagnostic methods.
Continue reading CIPO consultation on patentable subject matter