Copyright in Sports

Although copyright actions arise in many different fields, we don’t typically associate copyright with sports. Indeed, trademarks are most often used to protect sports logos and catchphrases. However, this week in the basketball world, Toronto Raptors superstar Kawhi Leonard filed an action in the US District Court for the Southern District of California alleging that [...]

By |2019-06-05T13:26:09-05:00June 5th, 2019|Idea2Ideal|0 Comments

What Does the USMCA Mean for Trademark Law?

USMCA negotiations completed late last year with the parties signing it at the end of November.  With it, the complete text of the agreement was released to the public for their reading pleasure.  Clocking in at close to two thousand pages, most will see the text as a great substitute for Nyquil. Of course, despite [...]

By |2019-01-23T14:12:04-05:00January 23rd, 2019|Idea2Ideal|0 Comments

Non-Traditional Trademarks – Scents and Taste

Earlier this year, the U.S. Patent and Trademark Office granted Hasbro, Inc. a trademark for the scent of its beloved toy modelling compound, Play-Doh. There is something uniquely distinctive and nostalgic about the scent of Play-Doh, which according to its registered trademark is defined as a “sweet, slightly musky, vanilla fragrance, with slight overtones of [...]

By |2018-11-15T14:12:58-05:00November 15th, 2018|Idea2Ideal|0 Comments

The Ins and Outs of Influencer Laws

Celebrity endorsements and testimonials have long dominated in advertising campaigns, and for good reason.  Celebrities provide a familiar face and an enviable lifestyle, whereas testimonials lend greater credibility to a product or brand.  In the last decade however, there has been a marked shift in this advertising model, one which places ‘influencers’ at the forefront [...]

By |2018-10-01T14:31:05-05:00October 1st, 2018|Idea2Ideal|0 Comments

The Boomerang Effect: Reversionary Interest in Copyright

In Canada, it’s well established that copyright will generally last for the lifetime of the author, plus 50 years. Ownership in copyright can be transferred by way of assignment, where a third party is granted full or partial interest in copyright, or by way of license, where a third party is permitted to use the [...]

By |2018-09-24T07:57:13-05:00September 24th, 2018|Idea2Ideal|0 Comments

How Useful Must a Patent Be?

Patents can sometimes be difficult to obtain - they have strict requirements that must be followed. One of these requirements is "utility": a patent must be useful to be considered a valid patent. But what constitutes proper utility (i.e. usefulness)? Is it a "mere scintilla"? YES! It has been recently confirmed that a mere scintilla [...]

By |2018-08-31T09:58:58-05:00August 31st, 2018|Idea2Ideal|0 Comments

The Trade-mark, “Hello”

One of my favourite tools in the arsenal of Canadian trade-mark practitioners is the initiation of summary expungement proceedings. It is one of the most aggressive things you can do in the field but carries with it very limited risk. In brief, summary expungement proceedings are a simplified administrative proceeding in Canada wherein, upon payment [...]

By |2018-07-26T08:28:05-05:00July 26th, 2018|Idea2Ideal|0 Comments

On July 1, 2018 we celebrate the 15thanniversary of the founding of our firm, Andrews Robichaud PC. It both seems like yesterday and a long time ago. There are so many thoughts and memories that go through one’s mind when reflecting on such a milestone, but the one constant, which is something we often remind [...]

By |2018-06-29T07:30:51-05:00June 29th, 2018|Idea2Ideal|0 Comments

“We have updated our Privacy Policy” – GDPR Compliance Beyond an updated Privacy Policy

Your business, we’ll call it Privacy Co., operates out of Kingston, you sell product almost exclusively to the United States and now a European Union (EU) privacy regulation is affecting the way you handle customer data? What gives? On May 25ththe General Data Protection Regulation(GDPR) came into effect after years of consultation and preparation. The [...]

By |2018-06-06T19:33:31-05:00June 6th, 2018|Idea2Ideal|0 Comments

Ante Up!

A recurring theme came out of the 2018 INTA Annual Meeting in Seattle for me.  With a background in management science and half a decade of operations management before entering the legal profession, I am no stranger to the concepts of risk management and decision analysis. In fact, this background in risk analysis permeates my [...]

By |2018-05-31T11:26:59-05:00May 31st, 2018|Idea2Ideal|0 Comments