Copyright Infringement - What is a Substantial Part of a Work?
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The unauthorized reproduction of a substantial part of an original work constitutes copyright infringement, for which a copyright owner can seek various remedies. A recent decision of the Supreme Court of Canada considered the issue of when a substantial part of a work has been reproduced.
The Facts
Claude Robinson spent years developing an educational children's television show, "The Adventures of Robinson Curiosity" ("Curiosity"). Curiosity was inspired by Daniel Defoe's novel Robinson Crusoe and Robinson's life experiences. Robinson created characters, drew detailed sketches and storyboards, wrote scripts and synopses, and designed promotional materials for his Curiosity project.
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Coping With the New Top Level Domains in 2014
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The New Top Level Domain Names are Available
The new top level domain names are rapidly becoming available. More than 100 new Top-Level Domains (TLDs) have been delegated - added to the Internet's Root Zone and potentially available. Hundreds more will follow over the next few months as ICANN has said they will be released in batches of 20 a week.
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Colour and Pills Made a Bad Combination
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A recent decision of the Federal Court refused to protect colours applied to product packaging in the context of a claim for passing off on the basis that the use of colour was primarily functional.
The Facts
The action involved claims of patent infringement, passing off and copyright infringement between two competing businesses. Both parties sold pill dispensing products primarily used in nursing home facilities. The products consisted of a bottom tray covered by a clear plastic cover.
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Entitlement to a Trade Mark
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