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Tuesday, 20 June 2017 07:11
SCOTUS: free speech saves disparaging trademarksWritten by Teresa Scassa
The Supreme Court of the United States (SCOTUS) has struck down a provision of that country’s trademark statute, the Lanham Act, for violating the constitutionally guaranteed freedom of speech. The provision in question is the “disparagement” clause, which barred the registration of any trademark “which may disparage . . . persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” (§1052(a)). The long-simmering issue of the constitutionality of this…
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Friday, 16 June 2017 07:12
Ontario court weighs in on relationship between access to information and freedom of expressionWritten by Teresa Scassa
A recent court decision (Assn. for Reformed Political Action Canada v. Ontario) raises some interesting questions about the relationship between the Charter right to freedom of expression and access to information rights. On June 9, 2017, Justice Labrosse of the Ontario Superior Court of Justice ruled that a statutory exemption to Ontario’s Freedom of Information and Protection of Privacy Act (FIPPA) violated s. 2(b) of the Canadian Charter of Rights and Freedoms, and could not…
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Electronic Commerce and Internet Law in Canada, 2nd EditionPublished in 2012 by CCH Canadian Ltd. Intellectual Property for the 21st CenturyIntellectual Property Law for the 21st Century: Interdisciplinary Approaches |