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Google v. Equustek: Unnecessarily Hard Cases Make Unnecessarily Bad Law

When lawyers say that hard cases make bad law, they usually mean that extreme or unusual circumstances provide poor basis for making legal rule that would have to be applicable to a wider range of more common cases. Sometimes the

Posted in Blog, Copyright, Patent, Trademarks

“IP Protection Should Be Strengthened to Stimulate Innovation and Commercialization”: Motion Denied

I was invited to participate in a two-day conference in Toronto, organized by the Conference Board of Canada. The conference’s title is Business Innovation Summit 2013: Innovation for the Corporation. I was asked to be on a panel debating the following hypothetical

Posted in Blog, Copyright, Featured, Patent, Trademarks

The Linguistic and Trust Functions of Trademarks

Modern trademark scholarship and jurisprudence view trademark law as an institution aimed at improving the amount and quality of information available in the marketplace.  Under this paradigm—known as the search-costs theory of trademarks—trademarks are socially beneficial because they reduce consumer search

Posted in Blog, Featured, Trademarks
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