Swift’s legal team battles accusations of plagiarism

Blog Post
January 9, 2018
Read Time: 2 minutes

Why should musicians know about copyright and trademark law when it comes to their brand? In our latest IP@Nelligan blog post, Adam Tracey looks at a recent Taylor Swift copyright infringement suit over the lyrics to one of her hits, and explores Swift’s own trademarking efforts.

Merry Christmas!

Blog Post
December 19, 2017
Read Time: < 1 minute

The Intellectual Property Group and Business Law Group at Nelligan O’Brien Payne LLP wish you and your family a Merry Christmas, and Happy Holidays! All the best in 2018!

Ottawa resident wins Right to Privacy case based on video clip

Blog Post
December 18, 2017
Read Time: 2 minutes

An Ottawa woman recently won her case against an advertising firm who used a clip of her jogging for a promotional video without her permission. In our latest IP@Nelligan blog post, Adam Tracey warns that using short video clips for commercial purposes can result in a breach of privacy and appropriation of personality claim, and that this decision sets an interesting precedent in Ontario law.

An entrepreneur’s intellectual property toolkit: Simple steps to avoid legal headaches

Blog Post
November 21, 2017
Read Time: 3 minutes

It’s the legal question known to elicit grimaces in startup circles. Have you done your due diligence? If you’re a successful early stage entrepreneur, the odds are good that the answer is no; you’ve simply been too busy running a business. But there comes a point where it’s important to sit down and ask yourself some tough questions about where your legal risks lie.

Toronto Neighbourhood Heats Up Over Copyright Battle

Blog Post
October 13, 2017
Read Time: 2 minutes

Copyright can apply to a wide variety of creative works. This includes sculpture, paintings and architectural work. An architect generally maintains the copyright in architectural designs unless those designs were developed for a client under the explicit understanding that the client owns the architect’s work product. But what happens when a newly built house appears to bear the exact same design as another house in the same neighbourhood?

The Happy Birthday Song: All Together Now!

Blog Post
September 14, 2017
Read Time: 2 minutes

As we have previously discussed in this space, many of us have been unaware that the song we sing at numerous family gatherings and office parties has been subject to various copyright claims by an entertainment industry heavyweight, preventing any and all commercial use of that song. Have you ever noticed that “Happy Birthday” is never presented in full on a TV show or movie?

Mixed-Up Confusion: U-Haul and U Box It

Blog Post
August 25, 2017
Read Time: 3 minutes

In a major victory for a small business based in the Greater Toronto Area, the Federal Court of Appeal in U-Haul International Inc. v. U Box It Inc. upheld a lower court decision recognizing its registered trademark U BOX IT.

Recent SCC decisions reflect significant changes to Canadian IP law

Blog Post
August 15, 2017
Read Time: 4 minutes

The Supreme Court of Canada has been busy issuing a number of important decisions. These are sure to have a substantial impact on Canada’s legal landscape surrounding intellectual property rights and, as a result, the Canadian economy as a whole.

No More Promises: The New Standard Of Utility In Canada

Blog Post
July 28, 2017
Read Time: 3 minutes

What does it mean to say a patented invention is “useful”? Our latest IP@Nelligan blog post looks at a recent Supreme Court case involving two pharmaceutical companies and the utility of a patent for heartburn medication.

Team Google, World Internet Police?

Blog Post
July 7, 2017
Read Time: 4 minutes

Last week, the Supreme Court of Canada released its landmark ruling in the Google v Equustek case. The Google case is the latest chapter of a global shift that has seen neutral online intermediaries, like Google and Yahoo, conscripted into active enforcement roles. The impact of this ruling will play out globally in the coming months and years.