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Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
- By Richard Stobbe Last summer, Google was ordered by a Canadian court to de-index certain offending websites which were selling goods that were the subject of an intellectual property (IP) infringement claim (Equustek Solutions Inc. v. Jack, 2014 BCSC 1063 (CanLII), see our earlier post: Court Orders Google to Remove ...

Crowdfunding: Tips for the Start-Up

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
- By Richard Stobbe If you are a start-up considering the crowdfunding route, let's talk. Here are a few tips to consider: IP: Most crowdfunding portals require extensive disclosure of the start-up's business plans and product prototypes. That makes sense - after all, investors want to know what they're investing in. The start-up should consider ...

Crowdfunding: A Canadian Update

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
- By Richard Stobbe A Canadian company, Vrvana, Inc. is seeking $350,000 through Kickstarter, to finance its development of a virtual reality headset marketed as the Totem. Vrvana has elected to pursue a reward-based crowdfunding model. For example, minimal donations of $15 come with a newsletter subscription and event invitations. The top end contribution ...

Ownership of Photograph by Employee

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
- By Richard Stobbe While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work day. When an employee takes a photograph, who owns copyright in ...

Monkey See, Monkey Do… However Monkey Does Not Enjoy Copyright Protection

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
By Richard Stobbe I know this story crested a few weeks ago, but who can resist it? A famous 1998 Molson Canadian ad posed a Canadian version of the infinite monkey theorem. The cheeky ad, showing a seemingly endless array of monkeys on typewriters, sidestepped the more important question about whether the monkeys as ...

Confidentiality & Sealing Orders in Software Disputes

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
- By Richard Stobbe Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a lawsuit in the Federal Court in the US, claiming copyright infringement and breach of contract. ...

When Milk is Not Milk: Dairy Farmers of Canada v. Cytosport, Inc.

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
By Richard Stobbe You can't get a trade-mark registration for a word that will deceive consumers. Put into legalese, section 12 of the Canadian Trade-marks Act says a trade-mark is not registrable if it is either "clearly descriptive or deceptively misdescriptive ... of the character or quality of the wares or ...

Online Terms - What Works, What Doesn’t

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
- By Richard Stobbe The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In Tompkins v. 23andMe, Inc., 2014 WL 2903752 (N.D. Cal. June 25, ...

Copyright Litigation and the Risk of Double Costs

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
- By Richard Stobbe An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were included in 2 versions of the documentary, and the documentary ...

Court Orders Google to Remove Site from Worldwide Search Results

IPBlog (Calgary) - Mon, 2014/10/06 - 15:00
- By Richard Stobbe In a recent decision by the British Columbia courts (Equustek Solutions Inc. v Jack , 2014 BCSC 1063), Google has been ordered to de-index a website selling goods that were the subject of intellectual property (IP) infringement claims. While this may seem quotidian - after all, Google does ...
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