IP & Internet Law in 2007 (Part 2)
Internet Trends
User-generated content (not only from blogs and YouTube, but also from Reuters and the BBC) is on the rise.Â
As users continue to mash-up their own content with content borrowed from elsewhere, the intellectual property fur will continue to fly. Expect copyright battles, trade-mark skirmishes and technological protection measures to make headlines as ordinary citizens test the boundaries of “user-rights” vs. copyright.
Trade-marksÂ
There are not too many areas of the economy where branding and corporate identity are not a critical issue. The Supreme Court of Canada weighed in on two significant trade-mark cases in 2006: the court reviewed “famous marks” in the Barbie case (Mattel Inc. v. 3894207 Canada Inc), and in the case of Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltee. Trade-marks will continue to overlap with internet law and inter-jurisdictional issues, as we have seen in cross-border disputes such as the Pro-Swing vs. Elta case.
Domain NamesÂ
Trade-mark owners can’t rest as domain name battles become a full-time occupation. Some developments are helpful: WIPO issued its Overview of Panel Views which serves as a useful guide for those engaged in UDRP disputes. Other developments are less encouraging: consider how the click-through ad-revenue system favours cybersquatters who can turn a quick profit from domain names which capitalize on the reputation of brand owners. Microsoft’s battle with these cybersquatters will be interesting to watch as the law continues to play catch-up with technology.
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Thanks to all of our readers in 2006. We will continue posting in 2007.
Calgary -Â 09:25 MST
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