Short Articles & Publications

Why Passing Off Claims Fail

Author: Marsha Simone Cadogan, MSC IPTL Without proof of goodwill or reputation, passing off claims will not be successful. Absent this critical component of the passing off test, the other elements (misrepresentation to the public and actual or potential damage) bear little or no significance to claimants in passing off cases. This was re-emphasized by the Federal Court in an unfair competition...

Relationships, issues around intellectual property, emerging technologies

This article was originally published by The Lawyer’s Daily, (www.thelawyersdaily.ca) a division of LexisNexis Canada.” Author: Marsha S. Cadogan | 3 min read What is the relationship between emerging technologies and intellectual property (IP)? Innovations in emerging technologies often bring new products to market, create differentiated services, or change how consumers interact with...

IP & Franchising (Part I)

MSC Intellectual Property & Technology Law | 5 min read A franchise agreement is a specific type of contractual relationship in which one entity (the franchisor) allows other firms (the franchisee) to use its business model as the basis for operating their business. The franchise model may relate to the use of a manufacturing process, a right to distribute products, or to use a specific...

Blockchain & Intellectual Property: Three Intersections for 2020

Author: Marsha S. Cadogan, MSC Intellectual Property and Technology Law 2020 is bound to be a year marked with the development of greater and more sophisticated technologies. This will likely be the same narrative in the blockchain and distributed ledger technology (DTL) space. What are the most relevant relationships between intellectual property and blockchain and DTL? See three relevant...

NFTs and Copyright Law: International Law Dimensions

On August 6th, MSC Intellectual Property & Technology Law will host a virtual workshop on non-fungible tokens and copyright interests from an international law perspective. Speaker: Marsha S. Cadogan, PhD, Principal - MSC Intellectual Property & Technology Law Time: 11:30am - 12:30PM ET To register: Join the Discussion.

Trademark Rights and Domain Name Disputes: Reminders from Parsons

Author: Marsha Simone Cadogan | MSCPTL | 5 min read A recently decided Federal Court case (Parsons Inc. v Khan) brings to mind how important it is for businesses to monitor their trademarks in digital platforms, especially as it relates to cyber squatting. This note draws on the decision in Parsons to discuss the increasingly important relationship between domain names and trademark rights and...

GIs & Basmati Rice: Relevance to Canadian Food Producers

Author: Marsha S. Cadogan | 5 min read This article was originally published by the Lawyers Daily. Basmati rice has a significant consumer base throughout many parts of the world. The rice is known for its distinct taste and appearance, primarily owing to its terroir (specifically the soil, climatic and valley conditions under which it is grown). After years of legal battle to safeguard the...

Trade Secrets Strategy

MSC IPTL | Short read| Trade secrets relate to information in your business that is crucial to your success, is a secret, is held and known to be confidential and only disclosed to a few persons. Protecting this information can be vital to the continued relevance of your products and services in business markets, including in our current pandemic times. A solid trade secrets strategy may help in...

Trade Secrets & The Franchise Agreement (Part 2)

Trade Secrets and Franchise Agreements Author: Marsha Simone Cadogan | 6 minute read What are trade secrets? Is it of any use to a franchise agreement? Part One of the focus on intellectual property and the franchise agreement dealt with trademarks, design and patent rights as integral elements of the agreement. Part Two deals with what trade secrets are and whether they are relevant to...