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Santa's Got A Brand New Brand

Toronto’s Yorkdale Shopping Centre (“Yorkdale”) has forever changed the way we will visualize Santa Claus. Paul Mason, aka “Hot Santa”, was hired by Yorkdale to portray a modern Santa Claus....

A business deal gone Nashty: basketball legend files for gyms to stop using his name and image

Have you ever heard of Steve Nash? Sound familiar? That’s because we all know him as one of Canada’s finest, a basketball player from Victoria, B.C. who made it big in the mid-’00s p...

Innovative Companies Need Well Drafted IP Protection

Recent developments in the field of robotics and highlight the difficulty of balancing the need for a free market to foster innovation and growth with the need to protect legitimate companies from "pa...

Answer All the Questions About Ownership of IP Before Collaborating with a University

The hugely successful corporation, Google, was a spin off from research done for a PhD. thesis at Stanford, which makes looking at university research an attractive option. But if your business is con...

Good Background IP Protection is Not a Luxury in a Difficult Economy.

The recent economic upheavals in the Chinese economy have had a dramatic global effect on commodity producers. Mining corporations have been especially vulnerable to falling demand. In these economic ...

Understanding the Nature of the IP is Key to Drafting IP Transfer and Licensing Agreements

A thorough understanding of the IP involved in a transaction is an essential first step to drafting an IP transfer or licensing agreement. The nature of the IP will determine the issues that need to b...

Background IP Licensing Agreements Promote Innovation

An Australian specialist in cricket helmets wanted to break into the jockey helmet market, but couldn't quite perfect the manufacturing process. Attempts to manufacture offshore (China) were plagued w...

Can a competitor use my trademark on their website for comparative pricing?

Moogsi / Wikipedia Many websites use numerous brand names to compare pricing of each company’s products. Issues may arise when such ‘price-comparison’ websites are using other companies...

Protect Your Goodwill – Register Your Trademark!

  What’s in a name? Trademarks are the name, design, brand or logo that represent the products and services a company offers. They can be the word that customers associate with a comp...

Rights Grabbing Agreements Transfer Copyright to Subject of Photo

Photographers normally own the copyright to their photos, unless they are hired to take the photo, in which case, unless the agreement specifies otherwise, the person who hired them owns the copyright...

Businesses Need to be Concerned About Infringing the IP of Other Businesses

Every business is concerned about others infringing their intellectual property rights. But all businesses need to be concerned about the possibility that they may be infringing the intellectual prope...

FRAND Technology May Alter The Bargaining Power of Licensors

Under US patent law, a FRAND technology (fair, reasonable, and nondiscriminatory patent licensing) is standard and essential to the ongoing operation of a particular product. Thus companies that own s...

Can You Still Use API’s After the Google/Oracle Fight?

The recent fight between Google and Oracle over the 'use' of API source code has raised many questions. This article discusses a recent appellate decision which confirmed a lower court's decision to r...

Early IP Due Diligence in M&A is Essential

When one company acquires another, especially if the acquired company's major assets include IP, the question often arises of whether the acquirer has purchased a company...or a lawsuit. IP due dilige...

Non-Transferable Digital Assets and Death: A New Legal Issue

A novel legal issue has arisen: authority over administering the digital assets and accounts of an account holder upon death or disability. This article discusses the UFADAA, a model US statute that a...

IP Transfer Agreements Should Carefully Define the IP to Be Transferred

Who among us has not been tempted to enter a contest to win fabulous prizes? For businesses who are in the market to collect data, photographic material and other IP at a very low cost, contests pr...

JV Parties Must Develop Comprehensive Background IP Protection Strategy

Joint ventures (JV) have lower capital costs than 100% acquisitions, which makes them increasingly popular during times of economic uncertainty. JV partners however, are likely to be actual or potenti...
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