Articles 2023

ChatGPT, developed by Microsoft-backed research lab OpenAI, has occupied the artificial intelligence news stream since its initial launch in December 2022. ChatGPT is a natural language processing generative AI tool that, depending on the model a user can access, can generate text-to-text, or image-to-text, output in a formula which mimics human conversation. The first publicly available tool of its kind, ChatGPT has become one of the fastest-growing consumer applications of all time.

In Rovi Guides, Inc. v. Bell Canada, 2022 FC 1388, Justice Lafrenière adjudicated a trial involving the infringement and invalidity of four patents relating to interactive television programming guides—the kind of technological features that many of us rely on to enhance our television viewing. However, this decision may have dramatic effects on the prosecution of patents before the patent office.

The metaverse is an elusive concept, but can be broadly described as a rapidly growing extension of the tendrils of the internet, redefining what constitutes social media. As an ever growing and immersive network of technologies, the metaverse attempts to close the gap between society and the media which serves as its vehicle. As it exists now, the metaverse is a multi-platform virtual ecosystem with an integrated economy that evolves and grows in real time.

In Puma SE v. Caterpillar Inc., 2023 FCA 4, the Federal Court of Appeal (“FCA”) declined to set aside the Federal Court’s decision to refuse Puma SE’s (“Puma”) application to register its trademark “procat”. The FCA held that Puma failed to demonstrate any palpable or overriding error in the Federal Court’s analysis that “procat” would be confusing with Caterpillar Inc.’s (“Caterpillar”) CAT & Triangle Design Mark (the “Design Mark”) for use in association with athletic footwear and headgear.

On January 13, 2023, a final judgment was issued by the U.S. District Court for the Southern District of New York in adidas America, Inc., et. al., v. Thom Browne, Inc., 1:21-cv-05615. The defendant, Thom Browne Inc. (Thom Browne), was found not liable for trademark infringement and trademark dilution as brought by the plaintiffs, adidas America Inc. and adidas AG (Adidas). Adidas has since filed a notice of appeal.

For a variety of reasons, litigants in Federal Court may choose to proceed with their action without legal representation. While it may be more common in provincial courts, self-representative litigants are involved in proceedings in Federal Courts, including intellectual property matters. Self-represented litigants and non-lawyer representatives may pose a challenge for lawyers and their clients, as well as the judicial system in general.

Personality rights of deceased celebrities have been the subject of debate for many years due to the continued popularity of these individuals beyond their death. Recently, two events have sparked renewed discussions on the matter. These events raise ethical and legal issues related to publicity, privacy, and intellectual property. This article will explore these issues through the lens of prior case law.

Last month, Gucci found itself on the losing side of a trademark battle in Japan. The Italian luxury goods company had been in an ongoing dispute with the brand Parodys, owned by Nobuaki Korukawa. Kurokawa makes t-shirts with parodies of famous brands like Chanel, Balenciaga, Adidas and of course, Gucci.

Hollywood-esque special effects that allow anyone to become any person with the click of a few buttons: this is the reality of deepfakes. Deepfakes are a form of technology that uses artificial intelligence (“AI”) to allow a person to impersonate someone else’s appearance and voice. A person only needs a phone or a computer, and an image or video of the desired target.