Law 2101 Lecture Notes - Lecture 8: Trademark Dilution, Famous Brands, Moral Rights
27 Dec 2018
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Freedom of information vs ownership/control of info. Controversial - sense there may be backlash. Law went too in giving protection to owners and creators. Now everyone else feels they got short end of stick. For protection: moral obligation, economic argument, if we want a creative society - we need to reward innovation. Against: moral argument - intellectual property has no value unless its shared, who gets compensation. Relation to things - things are creation of mind, expression/application of ideas. Words, logos, or symbols that distinguish good or services. Protection against a challenge on prior use after 5 years. Protect against infringing use, but only in respect to specific goods or services. Canada does not have a famous brands concept like in the us. If you sue someone from passing off - provincial jurisdiction. Trademark dilution involves using a mark in a non-confusing manner that tarnishes another mark or diminishes its value.
