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Comparative Advertising and Trademark Depreciation Claims
Comparative Advertising and Trademark Depreciation Claims

Author: Marsha Simone Cadogan The law allows comparative advertising if it is truthful, not misleading, and complies with trademark, consumer protection, and competition laws. The rules governing the distribution and marketing of products are set…

Certification Marks and Licensing

Author: Marsha Simone Cadogan Certification marks are trademarks that indicate that specific standards are used in the manufacturing of a product or the performance of a service. Through standard setting, these marks are intended to…

Geographical Indications and Trademark Rights: Differences

Author: Marsha S. Cadogan Where a product comes from and how it is produced can be important to safeguarding it as intellectual property. This is the central significance of geographical indications  – a form of…

Negotiating Collaborative Research Agreements

Author: Marsha S. Cadogan, Research institutions sometimes require complementary know-how, capital, or other resources to adapt their research output to industry specifications. Collaborative research agreements are contracts between two or more parties about a product’s…

Software Licensing and Copyright: Intersections

Author: Marsha Simone Cadogan Software licensing plays an integral role in a technology’s commercialization andmanagement strategy. Understanding the intellectual property (IP) aspects, such asidentifying the software’s proprietary content and how the law protects it in…

Passing Off and Trademark Rights

Author: Marsha Simone Cadogan The Trademark Act does not prevent businesses from using similar names unless infringement, unfair competition or trademark depreciation can be established.[1] When a plaintiff asserts that another company is passing off…

Sports Broadcasters’ Rights and Dynamic Site Blocking Orders in Canada

Author: Marsha Simone Cadogan Copyright in Sport Broadcasters’ Right The Copyright Act,[1] grants broadcasting organizations sole rights in their communication signals.[2] Copyright in sports communication signals is often one of broadcasting organizations’ most relevant intellectual…

An Explainer on Cross Border Personal Data Transfers: Helpful Measures for Businesses

Author: Marsha Simone Cadogan, Barrister & Solicitor. Your personal information is important – it likely includes private and confidential data that should not be widely known or shared with others. Data breaches have become more…

Royalties in Online Copyright Content

If the Court were to permit two royalties to apply to online copyright content that is either downloaded or streamed, the principle of technological neutrality[4] would be violated.

Trade Secrets Strategy

Protecting this information can be vital to the continued relevance of your products and services in consumer markets.