The prevalence of counterfeit goods in Canada reflects weak laws and almost non-existent criminal enforcement within the country, resulting in an appearance of very limited protection for the intellectual property rights of brand owners. As discussed in a recent post
V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola
We, as consumers, regularly associate colours with our favourite brands as we stroll down supermarket aisles and peer at billboards and banners in shopping centres. But for brand holders, gaining protection for proprietary colours is not a walk in the
Public laws, private standards and copyright “fair use”
On July 17, 2018, the federal appeals court located in Washington, D.C. issued a ruling in a case involving an intersection of copyrighted material (standards) and non-copyrightable material (laws and regulations). The appeals court remanded the matter back to the trial court, to determine under what circumstances a non-profit organization could publish private standards as part of the organization’s publication of the laws. (American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. July 17, 2018).)