Entries by Douglas B. Thompson

“Distinguishing Guise” – The Captain Morgan Case

On June 12, 2017 Judgement was rendered in the case of Diageo Canada Inc vs. Heaven Hill Distilleries Inc.  This case has come to be known as the “Captain Morgan Case”.  It is noteworthy because it is one of the few recent cases on “distinguishing guise”.   As defined is the Trademark Act a “distinguishing guise” means […]

Protecting Graphical User Interfaces

Sometimes Intellectual Property protection available to software developers appears to be inadequate.  Legal professionals serving the software industry are forced to work within confines set by the “traditional” forms of Intellectual Property protection of Patents, Designs, Copyright and Trademark.  The problem has become more acute since the Alice Corporation decision in the United States limited […]

Complaint Websites use of Parody

The Federal Court decision by Mr. Justice Phelan on June 23, 2017 in the case of United Airlines, Inc v. Jeremy Cooperstock provides some guidance to persons considering establishing complaint websites. Cooperstock operated a complaint website under the domain name UNTIED.com, which he registered and launched on or about April 24, 1997. Cooperstock chose the […]

.CA Domain Name Disputes

The Canadian Internet Registration Authority (CIRA) has a mechanism for resolving domain name disputes.  This domain name dispute resolution mechanism is available to all Trademark owners. A CIRA panel hearing a domain name dispute has the power to order the transfer of a domain name from an offending party to a complainant. It is important […]

Supreme Court of Canada Decisions regarding Intellectual Property

It used to be that decades would go by without any Intellectual Property cases being considered by the Supreme Court of Canada (SCC).   The fact that there have been two significant SCC decisions on Intellectual Property within a period of 3 days at the end of June, is indicative of the importance of Intellectual Property […]

Use of Photographs

A number of years ago I was asked to rescue an advertising agency.  The advertising agency required a picture of a dancer for the advertising campaign for a large company.  The advertising agency had obtained clearance from the photographer, but had not paid any attention to the identity of the dancer in the picture.  For […]

CAT CHASES DOG (DANGERS ASSOCIATED WITH PUBLICLY ACCUSING A COMPETITOR OF INFRINGEMENT)

A client called me the other day to discuss some steps he wished to take against a competitor who was infringing his patent.    The client wanted to write letters to some major companies that were purchasing product from the competitor, to make them aware of the infringement and advise them that he would be forced […]