the Law of Brands

A review of canadian law of marketing, digital media, advertising and trade-marks

How to choose a trademark and brand name and how to determine if it is trade-marked

If you are trying to figure out if a name is trademarked, because you want to apply for a trademark for your own brand or want to know if your … Continue reading

May 1, 2011 · Leave a Comment

Aga Khan slaps down copyright infringers

Here is an interesting case with colourful characters, involving the Aga Khan as a plaintiff (he even showed up for a 15 minute discovery).  http://decisions.fct-cf.gc.ca/en/2011/2011fc14/2011fc14.html This is a copyright case … Continue reading

January 10, 2011 · Leave a Comment

Trade-marks Distinctiveness and Descriptiveness

The Trade-marks Act requires that marks be distinctive but prohibits them from being descriptive. What the H-E-doublehockeystick does that mean?.   This clip discusses what the trade-mark requirement is, and … Continue reading

December 2, 2010 · 1 Comment

Distinguishing Patents from Trade Secrets

What’s the difference between a patent and a trade secret? Both are forms of intellectual property that protect ideas, but they are very different in their subject matter and scope … Continue reading

November 8, 2010 · 1 Comment

Monty Python’s approach to Copyright

I was looking at this great Monty Python skit on patents: and strongly considering whether the IP police would come knocking on my door if I republished it (for the … Continue reading

October 11, 2010 · Leave a Comment

The famous Nike Swoosh

Here is a great example of the changing value of a brand.  The famous Nike swoosh, as the story goes,  is a design created in 1971 by Carolyn Davidson, a graphic student … Continue reading

October 5, 2010 · Leave a Comment

Registered and Unregistered Trade-marks

What’s the difference between “R” and “TM”? Both are used to signal to the work that you claim some trademark rights over the word or design. “R” stands for registered … Continue reading

October 5, 2010 · Leave a Comment

Free and easy first legal step to brand protection

If you have a brand for your business with any reputation whatsoever, you already have a trade-mark.  Whether you have registered it or not, you already have a common law … Continue reading

October 5, 2010 · Leave a Comment
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