Target Misses the Mark for Interlocutory Injunction: Target Brands Inc. v Fairweather Ltd.

In the newest development in the ongoing trademarks case between Target and Fairweather, Target sought to restrain Fairweather from operating stores in association with the “TARGET” trademark/trade name or a bullseye logo so as to cause confusion with Target’s own business until the trial date late 2012. But Target failed the interlocutory injunction test according to the ...

Domain Name as Personal Property: Tucows.Com Co. v Lojas Renner S.A.

In a landmark decision made last week in Tucows.Com Co. v. Lojas Renner S.A., the Ontario Court of Appeal found that internet domain names qualify as personal property. The dispute was over (Canadian company) Tucow’s right to keep the domain name <renner.com> in the face of (Brazilian company) Renner’s registered trademark “Renner”. The court held for Tucows, deciding ...

Entire Apple Store Knockoffs in China

Fake Louis Vuitton handbags, fake Thomas the Tank Engine toy trains and fake electronics have, in essence, become the norm in China. But the recent incident takes piracy to a whole new level: fake Apple stores in Kunming, a city in the southern Yunnan province. 

Louis Vuitton and Burberry Knock-off Companies Fined $2.5million

In a decision rendered this week, the conclusion of Louis Vuitton Malletier S.A. v. Singga Enterprises (Canada) Inc. saw three Canadian companies fined approximately $2.5 million for selling knock-off Louis Vuitton and Burberry handbags. Vancouver-based Singga Enterprises Inc. and Carnation Fashion Company, and Toronto-based Altec Productions were accused of “manufacturing, importing, distributing, selling and offering for sale Counterfeit ...

Trademark Decision: Masterpiece Inc. v. Alavida Lifestyles Inc.

The SCC released a significant trademark decision last week, Masterpiece Inc. v. Alavida Lifestyles Inc., one which re-examines the legal concept of “confusion” in trademark law and the befuddled relationship between registered and existing, unregistered trademark rights.

Microsoft challenges Apple’s attempt to trademark “App store”

In 2008, Apple applied for a trademark of the term “App store”, which Microsoft challenged as “too generic” and would prevent competitors from describing their own services accurately. Yesterday, Apple made a filing with the U.S. Patent and Trademark Office asking that the challenge be dismissed, stating that “the focus in evaluating genericness is on ...

Koch Industries sues parody website over hacking, trademark abuse

In December, a website purporting to belong to Koch Industries, known for their skepticism of global warming, wrote a fake news release announcing “new environmental commitments. Koch Industries is now suing those responsible for the site, members of a group called Youth for Climate Truth, for damages, alleging hacking, trademark abuse and cybersquatting. The lawyer ...

Marilyn Monroe IP Rights Purchased

Authentic Brands Group LLC (ABG), a leading intellectual property corporation led by Toronto-based Jamie Salter, recently announced their acquisition of the intellectual property rights of Marilyn Monroe. The purchase was made in conjunction with National Entertainment Collectibles Inc., a global media and entertainment company. A press release by ABG stated that “Marilyn Monroe’s legacy will ...

The problem with “intellectual property”

I recently read an article by Richard Stallman where it was suggested that “if you want to think clearly about the issues raised by patents, or copyrights, or trademarks, the first step is to forget the idea of lumping them together, and treat them as separate topics”. The essence of the article is that lumping ...

Naked Cowboy trademark dispute

It has been reported that the famous New York street musician Robert Burck, known as “The Naked Cowboy”, is suing rival busker Sandy Kane for trademark violation.   Burck claims that his look is trademarked and that Kane was “seeking to earn a living by appropriating his intellectual property for her own commercial benefit”.