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.
Category Archives: Daily Alert
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
Sound marks in with a roar
The first sound trademark was approved and advertised in today’s Canadian Trade-mark Journal – MGM’s roaring lion. The Canadian Intellectual Property Office announced that they will now be accepting applications for sound trademarks effective immediately.
No Copyright Crown immunity
The Copyright Board has released its reasons for denying a claim of Crown immunity by various provincial governments in Access Copyright’s request for a tariff on reproductions by government employees.The governments had challenged the legality of the tariff on the basis that tariffs under the Copyright Act did not apply to the government.
USSC on unpatentable subject matter
The U.S. Supreme Court has issued its decision on the patentability of correlation procedures in Mayo Collaborative Services v. Prometheus Labs., Inc. The Court unanimously reversed the CAFC and held that the claims were effectively directed to laws of nature and therefore unpatentable.
Courts and electronic files
An Ontario Court judge issued a decision this week bemoaning the lack of electronic court records: “I suppose that on a sunny, unusually warm, mid-March day one should be mellow and accept, without complaint, the systemic failures and delay of this Court’s document management system.”
Lawyers dispute domain name
Canadian lawyers disputed the ownership of the domain name <fertilitylawcanada.com> under the UDRP and in an arbitration decision released yesterday, the panel held that common names for areas of legal practice are generally non-distinctive and there was no secondary meaning in this case.