Articles 2021

The market for Non-Fungible Tokens (NFTs) has exploded over the last year. Although this is an exciting new area for business, it is riddled with potential legal issues that must be properly understood by those who wish to operate in the marketplace. One of these issues pertains to the application of copyright laws to NFTs. Depending on the copyright ownership structure surrounding a given NFT, its use in the course of business may open the door to lawsuits rather than profits.

Earlier this year, Walmart filed an opposition with the US Patent and Trademark Office against Kanye West’s new Yeezy logo. Yeezy LLC’s new trademark application consists of eight symmetrical dotted lines in the shape of a spark. Walmart argues that it will be damaged by the registration of Yeezy’s mark, which was filed in connection with music, clothing, retail store services, streaming of music services, record production, and hotel services. ⁠

Teksavvy Solutions v Bell Inc. provides a novel remedy for copyright owners to deal with copyright infringement: a site-blocking order. In TekSavvy, the Federal Court of Appeal unanimously upheld the Federal Court’s unprecedented interlocutory order that required several Canadian Internet Service Providers (ISPs) to restrict access to several websites because of copyright infringement.

Top technology companies are specifically focusing their attention on how their innovators innovate and empowering them to identify promising ideas for patent or trade secret protection. Companies should regularly review their internal innovation capture channels, patent education, inventor incentives, and innovation mining program to ensure that they are providing sufficient positive reinforcement to foster an IP friendly culture.

Upcycled and reworked fashion has always been on trend, but has never quite been as popular as it has over the last year. With the pandemic pushing e-commerce to the forefront of retail, the ability to make, sell, or purchase reworked clothing has become increasingly accessible. While upcycled garments continue to serve as an artistic outlet and sustainable alternative to the apparel industry's massive waste problem, what does reworked fashion mean for trademark and IP owners?

The Technology and Construction Court in the United Kingdom recently considered the failure of a high-value digital transformation project and the eventual termination of the project agreement. The decision provides commentary on repudiatory breach, exclusion of liability for indirect damages, breach of warranty, and project delays, which provides a number of helpful points for consideration for technology lawyers.

After more than a year of working from home, the Goodmans intellectual property litigation team has had its share of virtual hearings and trials. We have rounded-up our top 5 tips for ensuring your next virtual hearing goes as smoothly as possible.