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The Brand Protection Blog

Covering the legal developments impacting your brands

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Are you kicking goals when it comes to social media activity, or heading to the sin bin?

By Rebecca Brenikov (AU) on May 12, 2019

They say that a picture tells a thousand words. But as became apparent in Australia recently, posting a picture on social media can result in a thousand (derogatory and sexist) words. A photograph posted on Twitter by Seven AFL (taken by photographer Michael Wilson), resulted in Australian female AFLW star, Taylor ... Continue reading

Ad Standards Canada updates its Dispute Procedure

Are tougher days coming for approval of agribusiness certification trademarks in Australia?

No use crying over spilt (plant-based-dairy-free-alternatives-to) milk?

Copyright

Unauthorized Reproduction of Online Content Proves Costly

By Mark Edward Davis (CA) on September 21, 2019

Earlier this year, the Federal Court awarded damages of $20 million for the unauthorized reproduction of obituaries online. That decision, Thomson v. Afterlife Network Inc., 2019 FC 545, demonstrates that severe penalties are available against online operators who infringe copyright for commercial purposes. Background Afterlife, an online website that reproduces obituaries, launched in 2017. ... Continue reading

Fakes welcome? IP protection lags behind for Indigenous artworks in Australia

Internet (almost) killed the video star: Federal Court grants orders to block ‘ripping’ of music videos

Copyright, “fair use,” and educational institutions

Counterfeiting

Canadian Anti-counterfeiting under the USMCA – what you see? We (mostly) already got it

By Karen MacDonald (CA) on October 21, 2018

The USMCA – aka NAFTA 2.0 – has a Chapter devoted to intellectual property, which has been the subject much consideration and debate since release of the text on October 1, 2018. With some commentators lamenting that Canada “caved” to US demands and predicting that the IP provisions of the ... Continue reading

(Don’t) knock it off!

Canada: out of line in combatting counterfeiting

Brands Around the World: Best Practices Roundtable on Protecting Your Valuable Brand

Trademark

No damages without invalidation ab initio – a look at Wenger SA v Travelway Group International Inc

By Bianca Pietracupa (CA) on October 8, 2019

A valid trademark registration is an absolute defence to claims of passing off where there is no significant difference between the impugned mark as registered and the mark being used.[i] This is because a trademark registration gives the trademark owner the exclusive right to use that trademark throughout Canada.[ii] A ... Continue reading

Appoint your Canadian Trademark Agent for Peace of Mind for Madrid applications

Confusion: More than just the sum of its parts

The highs and lows of the 2019 Australian IP Report

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