Articles

The following articles are published by OBA Sections, including the Student Section. Members are encouraged to submit articles.

Editor: Cláudio Antônio Klaus Júnior 

Today
Today
Head-shot photo of author Alessia Monastero

Cult Gaia Refused US Trademark Registration of its “Gaia’s Ark” Handbag Design, due to Genericness and Non-distinctiveness Issues

  • May 07, 2022
  • Alessia Monastero, associate & trademark agent, Bhole IP Law

Dubbed as the Instagram “it” bag in 2016, Cult Gaia’s “Ark” bag design was recently refused trademark registration in the United States following the brand’s five-year battle to obtain registration for the design of its bag.

Student Forum, Information Technology and Intellectual Property Law
head-shot photo of author Kaitlin Soye

Digging into the 2022 Federal Budget: Intellectual Property Issues

  • May 07, 2022
  • Kaitlin Soye, Lenczner Slaght LLP

The 2022 Federal Budget was recently tabled in Ottawa on April 7, 2022. The budget focuses on a diverse range of initiatives, including several intellectual property related matters. Among the given topics, the budget looks at tax incentives to encourage innovation in Canadian businesses and legislative amendments to both the Copyright Act and the College of Patent Agents and Trademark Agents Act.

Student Forum, Information Technology and Intellectual Property Law
Headshot photo of author Pankhuri Malik,

Insights from the Global Online Thesis Topic Meetings (GOTTMs), Leiden University

  • May 07, 2022
  • Pankhuri Malik, LLM student at Osgoode Hall School of Law and IPilogue writer

Non-fungible tokens (NFTs) continue to be a major topic in the current technology law landscape. Even today, there is continued debate on how best to utilize NFTs to achieve the most benefit for oneself. This discussion has continued with experts, Richard Lehv, Alexandra Giannopoulou, and Andres Guadamuz, who spoke about the different aspects of NFTs at their presentations for the Global Online Thesis Topic Meetings (“GOTTMs”) on April 5, 2022.

Student Forum, Information Technology and Intellectual Property Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes - January 31, 2022

  • May 07, 2022
  • Ontario Estates Bench-Bar Liaison Committee

A new bench-bar committee has been established at the request of the Superior Court of Justice’s Regional Senior Judges Council. The Ontario Estates Bench-Bar Liaison Committee had its first meeting in January 2022. At the January meeting, the Committee discussed several topics, including Estates List model orders, tracking decisions made pursuant to recent changes to the Succession Law Reform Act, and clarification regarding scheduling and court bookings for the Toronto Estates Office.

Student Forum, Trusts and Estates Law

Brave New (Meta) World: Nike files virtual trademarks: implications for Canadian trademark law

  • May 07, 2022
  • Wendes Keung, associate, Torys LLP; Andrew M. Shaughnessy, partner, Torys LLP

On the heels of Mark Zuckerberg announcing the rebranding of Facebook to “Meta”, along with his plans for creating a virtual reality metaverse, Nike garnered significant media attention when it was reported that it filed seven trademark applications for use on “virtual goods”. These filings include the notable Nike “swoosh” logo and the words “Nike”, “Just Do It”, “Jordan”, and “Air Jordan”.

Student Forum, Information Technology and Intellectual Property Law

Could AI Be Held Liable for Moral Rights Infringement?

  • May 07, 2022
  • Maggie Vourakes

The rapid development of artificial intelligence on intellectual property policy is an issue that more countries around their world are turning their focus towards. Canada is no exception. In 2021, the Government of Canada launched a Consultation on Modern Copyright Framework for Artificial Intelligence and the Internet of Things to assess whether Canada’s existing copyright framework is keeping pace with the rapid developments in artificial intelligence and the Internet of Things.

Student Forum, Information Technology and Intellectual Property Law
Headshot photo of author Avechi Chimara

Featured Member: Avechi Chimara

  • May 07, 2022
  • Avechi Chimara

Our guest star for May's "Featured Member" series is Avechi Chimara, current member-at-large on the Business Law Committee.

Business Law, Student Forum
Head shot photo of author Richa Oza

What It Means to Say Yes: Settlement Enforcement in Employment Law Forums

  • May 05, 2022
  • Richa Oza - staff lawyer, Don Valley Community Legal Services

In this article, we explore the various methods in employment law forums available to enforce a settlement, as well as understanding the test for when a settlement will be found to be binding in the event that a party changes its mind or attempts to resile.

Labour and Employment Law, Student Forum
Head shot photo of author Dan Fridman

Pros and Cons of Being a Sole Practitioner

  • May 05, 2022
  • Dan Fridmar - Fridmar Professional Corporation

Sole practice is both rewarding and difficult. Several sole practitioners were kind enough to provide us with their thoughts and feedback on the top three pros and cons of sole practice.

Sole, Small Firm and General Practice, Student Forum