Jeanette Lee

Archive for the ‘Intellectual Property’ Category

The Lion Gets The Last Roar: Canadian Intellectual Property Office Now Accepting Sound Mark Applications

In Copyright Law, Entertainment Law, Intellectual Property, Marketing & Advertising Law, Trade-mark Law on March 29, 2012 at 1:13 pm

The Canadian Intellectual Property Office (CIPO) is now accepting sound mark applications.  CIPO released a practice notice on March 28, 2012 that “in view of a recent Federal Court Order, effective immediately, the Office will accept applications for sound marks.”

A Lion’s Tale

The order marks the end of a nearly twenty-year saga of arguments, refusals, extensions and appeals over an application for ROARING LION (SOUND ONLY) by Metro-Goldwyn-Mayer Lion Corp. (i.e. MGM Studios), filed in October 1992.  As of March 28, 2012, …more here

The Brand is the Message: Speaking at Ryerson

In Intellectual Property, Marketing & Advertising Law, Trade-mark Law on October 18, 2011 at 11:57 am

I am looking forward to teaching tonight at the Ted Rogers School of Management at Ryerson University. I enjoy teaching, and the mission for tonight’s seminar course is to explore the basics of trade-mark law and, hopefully, make it come to life. What is it, why is it there, and since we have it, what can we do with it?

Apple. Google. Nike. Hermes. It isn’t easy being a brand.

As a lawyer and trade-mark agent, it is one thing to be inside the machinery of the process and to help clients navigate the legalese, technicalities and risks associated with using and enforcing trade-marks. However, it is also exciting to be part of the process of helping a brand come to life and keep its legs in the marketplace. Teaching, and sharing perspectives with business law students on how trade-marks support their business strategies should be a great discussion. Trade-marks and brands: you can’t have one without the other? If you build the brand, will they come? We’ll find out tonight.

The (R)evolution Continues: Interactive & Digital Media

In Copyright Law, Entertainment Law, Intellectual Property, Marketing & Advertising Law, Privacy Law, Trade-mark Law, Uncategorized on September 28, 2010 at 5:13 pm

I am looking forward to speaking tomorrow at the Ontario Bar Association conference “Interactive and Digital Media: The (R)evolution Continues.” On the panel “Branded Content and Video and Online Games,” I will discuss advertising and privacy risks, as well as challenges advertisers and content producers face when negotiating agreements to create branded content. We will also look at intellectual property and personality rights issues, and the role of social media, user generated content and virtual worlds. Other panels will examine the first six months of the Canada Media Fund, the guidelines of the Documentary Organization of Canada’s Fair Dealing and Copyright Guidelines, and there will be a discussion and Q&A on new distribution platforms for content in the world of digital media.

Click here for OBA website conference registration page and brochure.

Of TV, Titles, Trade-marks & Thighs

In Entertainment Law, Intellectual Property, Trade-mark Law on March 26, 2010 at 11:35 am

“Expect the best. Prepare for the worst.” This ominous advice came from a fortune cookie, recently cracked open by a friend at a restaurant. Having mocked it then, I’m reminded of it following recent reports that a lawyer/former lawmaker/filmmaker is suing HBO and Showtime, for broadcasting a soft porn film instead of his comedy feature film. Both films shared the same title: “The Hills Have Thighs.” 
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Legal Eve Archives: First Amendment, Totally Nude

In Entertainment Law, Intellectual Property, Trade-mark Law, Uncategorized on March 23, 2010 at 9:11 pm

These days there is a lot of buzz about the benefits and perils of the digital footprint one leaves behind on the Internet: professional profiles, random musings and Facebook photos that neither an employer nor mother would love.  Meanwhile, aggregators have proved adept at collecting information from across the Internet, and bringing their form of order to the chaos of available content. It brings joy to some, and resignation or dismay to others.  While preparing my next post for this blog, I thought about past articles I have published in different sources, some of which are not publicly accessible. This presents an opportunity to be my own aggregator.  Something old, something new?  From time to time, I’ll post older pieces that I think may be of interest under the heading  “Legal Eve Archives.” Here is the first in the series, written exactly one year ago.  It is a case comment, looking at video games, trade-marks and freedom of expression.

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First Amendment, Totally Nude: Where Hot Dog Stands and Virtual Strip Clubs Meet
(E.S.S. Entertainment 2000 v. Rock Star Videos (9th Cir. 2008, California))

[I first published this article in the Ontario Bar Association, Entertainment, Media & Communications Section Newsletter, Volume 18, No. 2, March 2009]

For video game, new media and fantasy entertainment developers, this U.S. case has it all: fast cars, virtual strippers, and a trademark lawsuit morphed into a freedom of expression battle. When a real-life strip club inspires a virtual parody, has there been a non-consensual violation of intellectual property rights? The U.S. Ninth Circuit appeal court says: no.

Click here to read more

And The Oscar Goes To: Logorama

In Copyright Law, Entertainment Law, Intellectual Property, Trade-mark Law on March 9, 2010 at 6:00 pm

Some have hailed it as “the movie no lawyer should see.” The Pringles man mascot propositions an Esso girl. Ronald McDonald takes a hostage and sparks a gunfight with Michelin Bibendum cops. With almost 3000 coporate logos, spectacular car chases, and wild animals (including Lacoste crocodiles and the MGM lion) rampaging through a city, what more could an audience ask of a film?  Perhaps 3D.  What more could a production lawyer ask? You can imagine. Insert the raising and furrowing of legal eyebrows.

Click here to read more

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