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Highlights
SCOPE OF IP PROTECTION
Puzzles for Muggles, Brands for Broomsticks, Fun and Games
– IP Goes Online
Andrea Rush
As the Canadian gaming industry grows, so grows the value of intellectual property in real and fictional properties. In digital media, Lucy Maud Montgomery's Anne of Green Gables, whose strawberry haired Anne Shirley described in the series of books, dolls and other items took shape with the help of copyright and trade-mark registrations. More recently, J.K. Rowling may not have foreseen, when writing about the game in Harry Potter and the Philosopher's Stone, that schoolyards throughout North America and elsewhere would one day be dotted with broomsticks, as part of campaigns to promote literacy in disadvantaged areas. As Andrea Rush explains, despite the tools available to protect innovation and heightened awareness of their value, a gap is formed when one starts and the other ends.
TRADE-MARKS – VIRTUAL RIGHTS
Real Trade-mark Issues Arising in Virtual Worlds
Rosario G. Cartagena
An increasingly large number of individuals from around the world are simultaneously logging onto "massively multiplayer online role-playing games" ("MMORPG"). A highly popular virtual MMORPG is Second Life, operated by Linden Research Inc. The popularity of Second Life is evident by its presence in more than 100 countries and by its growth of more than 25% per month. Rosario Cartagena explains how the popularity of virtual worlds had led to a host of trade-mark issues for real world brand owners.
REMEDIES – PUNITIVE DAMAGES
The Question of Abusive Conduct and Punitive Damages
Considered by the Superior Court of Quebec
Catherine Daigle
In Industries Lassonde Inc. v. L'Oasis D'Olivia Inc., a recent decision rendered by the Superior Court of Quebec, Industries Lassonde Inc. was ordered to pay L'Oasis D'Olivia Inc. damages in the amount of $125,000, which included the payment of $25,000 as punitive damages and $100,000 on account of Olivia's extrajudicial fees and costs. Catherine Daigle analyzes whether Lassonde's conduct justified the harsh order of punitive damages.
LITIGATION – COSTS
Awarding of Costs in Federal Court Litigation – Recent
Developments
Trent Horne
In high-stakes intellectual property litigation, the ultimate costs award is often a small percentage of the amounts spent by the winning party. Trent Horne examines recent Federal Court decisions that signal the Court's willingness to consider an indemnity-based costs award, and where solicitor-client costs awards have been made.
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Board
Ronald E. Dimock
Editor-in-Chief
Dimock Stratton LLP
David A. Aylen
Gowling Lafleur Henderson LLP
Sheldon Burshtein
Blake, Cassels & Graydon LLP
May Cheng
Fasken Martineau DuMoulin LLP
Marcus Gallie
Ridout & Maybee LLP
Brian W. Gray
Ogilvy Renault LLP
Carol Hitchman
Gardiner Roberts LLP
Trent Horne
Bennett Jones LLP
Michael D. Manson
Smart & Biggar
Sangeetha Punniyamoorthy
Dimock Stratton LLP
Hugues G. Richard
Robic LLP
Andrea Rush
Heenan Blaikie LLP |
