"Intellectual Property on the Cyber-Picketline: A Comment on British Columbia Automobile Assn v. Office and Professional Employees' International Union, Local 378", (2002) 39 Alberta Law Review 934-962
This paper is a lengthy and critical comment on the decision of the British Columbia Supreme Court, British Columbia Automobile Assn v. Office and Professional Employees' International Union, Local 378.. The case remains an important decision on issues of passing off, trademark and copyright infringement relating to websites, domain names and meta tags. In this paper I explore these issues, all of which may commonly arise in situations of alleged competition between websites. The case thus provides a context for exploring legitimate and unlawful uses of domain names and meta tags, copyright infringement, and web site design, and touches on the role of s. 22 of the Trade-marks Act. Because BCAA also occurs in the context of a labour dispute, it raises further issues about intellectual property rights and freedom of expression. In this context, I examine the balance being struck between monopolistic intellectual property rights and the fundamental right of freedom of expression.
