The Federal Court of Canada has just issued a new Practice Direction and Order (COVID-19): Update #2 (April 29, 2020). The April 29 Practice Direction amends the Court’s previous Updated Practice Direction and Order (COVID-19), dated April 4,
Government edicts doctrine precludes legislators from claiming copyright protection
In a 5-4 decision, the United States Supreme Court held in Georgia et al v. Public.Resource.Org., Inc. (No. 18-1150) (April 27, 2020) that the state of Georgia is not entitled to copyright protection for its official annotated code.
The Copyright Act grants expansive rights for “original works of authorship.” 17 U.S.C. § 102(a). Georgia claimed it was the “author” of the Georgia official annotated code (“OCGA”) and, as the author, enjoyed rights as the copyright owner of the entire work. As the copyright owner, Georgia sought to prevent Public.Resource.Org (“PRO”) from posting digital versions of the Georgia annotated code on various websites without charge and without Georgia’s consent.
Court Suspensions Continue, with Some Exceptions
Please see our updated version of this article, published July 10, 2020.
An Update on the Response from Canadian Courts to COVID-19
We are now more than a month in to social distancing measures, and it is time for an
Willfulness not required for profits awards in trademark infringement suits
A trademark infringement suit is not required to show willful infringement as a precondition to a disgorgement of the infringers’ profits.
An AI system cannot be « inventor » according to the EPO
Could the use of Punitive Damages be the way forward in China?
In September 2019, the Shanghai Pudong District People’s Court awarded triple punitive damages to Balanced Body Inc., which according to the Shanghai government news report was the first such award for a Shanghai Court to a foreign plaintiff.
Background
Balanced
Meaty Brand Messaging During a Crisis
Brand promotion may be seen as encompassing (at least) three distinct but overlapping modes:
(i) Advertising for the moment—the message is meant to drive immediate sales;
(ii) Advertising for post-sale burnishment—the message does more than sell products today, it builds
A different type of virus
When times become tough, stressful and trying, many people react with humour. As the world finds itself in the midst of a global medical virus, a different type of virus – a virtual virus – has taken off and continues to grow. COVID-19. A virus interchangeably referred to as Coronavirus. A virus which is familiar to almost all of humanity at the present time. And a virus which has become the subject of many social media memes, jokes and other humorous online content.
But what happens when it is your business or personality that becomes the subject of such a “virtual virus”?