If you are passionate about writing and interested in building your presence or being published in IP law, this is a great opportunity for you.

IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.

Term: September 2022-April 2023 (with possibility of continuing into the summer)

Benefits:

• Profile on our website with a link to all of your articles
• Byline with photo on the articles that you contribute
• Network of contributors to share ideas and collaborate with other writers

Responsibilities:

• Contribute at least 1 article every 2 weeks (for a minimum of 8 articles over the term); Writers may contribute more articles earlier in the year to be spaced out over the term
• Keep track of articles written

Qualifications:

• Exemplary writing, research, and analysis skills
• Interest in learning about IP law and technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

Application Details

The deadline to apply for all positions is��Friday, September 9, 2022. To submit your application, please send the following documents to��iposgoode@osgoode.yorku.ca:

• Cover letter (outline your interest in IP law, as well as your relevant writing/editing experience)
• ��é���ܳ�é
• Updated Transcript (unofficial is acceptable)
• Writing Sample: a 750 word (max) blog article about an IP issue

Please note that this position is part-time and voluntary.��

Please don’t hesitate to contact us if you have any further questions. We thank all applicants for their interest. We will only contact those selected for an interview.

The post CALL FOR APPLICATIONS: IPilogue Writers (Academic Year 2022/23) appeared first on IPOsgoode.

We are accepting applications to join the IPilogue Team as writers for Summer 2022! We are looking to fill roughly 5-10 open positions.

If you are passionate about writing and interested in building your presence or being published in IP law, this is a great opportunity for you.

IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.

Term: May-August 2022 (with possibility of continuing into the academic year)

Benefits:

• Profile on our website with a link to all of your articles
• Byline with photo on the articles that you contribute
• Network of contributors to share ideas and collaborate with other writers

Responsibilities:

• Contribute at least 1 article every 2 weeks (for a minimum of 8 articles over the term); Writers may contribute more articles earlier in the summer to be spaced out over the term
• Keep track of articles written

Qualifications:

• Exemplary writing, research, and analysis skills
• Interest in learning about IP law and technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

Application Details

The deadline to apply for all positions is��Friday, April 22, 2022. To submit your application, please send the following documents to��iposgoode@osgoode.yorku.ca:

• Cover letter (outline your interest in IP law, as well as your relevant writing/editing experience)
• ��é���ܳ�é
• Updated Transcript (unofficial is acceptable)
• Writing Sample: a 750 word (max) blog article about an IP issue

Please note that this position is part-time and voluntary.��

Please don’t hesitate to contact us if you have any further questions. Applicants will be considered and interviewed on an ongoing basis. We thank all applicants for their interest. We will only contact those selected for an interview.

The post CALL FOR APPLICATIONS: IPilogue Writers (Summer 2022) appeared first on IPOsgoode.

*NOTE: hiring for IPilogue Writers will follow in the coming weeks

Senior Editor (up to 2 positions available)

Senior IPilogue Editors review contributors’ content before it is approved by the Managing Editor and posted by the Content Manager on the website.

Term: May-August 2022 (with possibility of continuing into Fall 2022)

Benefits:

• Profile on our website with a link to all of your articles
• Byline with photo on the articles that you contribute
• Access to forum where you can share ideas with IPilogue Writers

Responsibilities:

• Revise, edit, and proofread content from IPilogue Writers and guest writers to ensure both a neutral perspective and high-quality writing
• Content will be divided between Senior Editors
• Contribute a minimum of 1 article per month
• Keep track of content reviewed and update Managing Editor and Content Manager about progress
• Liaise with Writers about clarifications and corrections needed for articles

Qualifications:

• Exemplary revising, editing, and proofreading skills
• Strong writing, research, and critical thinking skills
• Strong organization and communication skills, including providing regular updates
• Ability to meet deadlines and turn around work quickly
• Interest in learning about IP law and Technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Although not required, preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

Content Manager (1 position available)

The Content Manager is responsible for preparing all content to post on the website and making sure that we have enough content each week.

Term: May-August 2022

Benefits:

• Profile on our website
• Byline with photo on the articles that you contribute
• Access to forum where you can share ideas with other IPilogue Writers and Guest Writers

Responsibilities:

• Preparing articles for publication on the IP Osgoode website (including tags and categories)
• Finding or preparing images to accompany articles
• Co-ordinating between Senior IPilogue Editors, Managing Editor, and IPilogue Writers or Guest Writers as necessary

Qualifications

• Strong organizational skills
• Strong attention to detail
• Ability to meet tight deadlines and adapt to changes
• Interest in learning about IP law and technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Although not required, preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

Application Details

The deadline to apply for both positions is��Friday, March 25, 2022. To submit your application, please send the following documents to��iposgoode@osgoode.yorku.ca:

• Cover letter (outline your interest in IP law, as well as your relevant writing/editing experience)
• ��é���ܳ�é
• Updated Transcript (unofficial is acceptable)
• Writing Sample: a 750 word (max) blog article about an IP issue

Please note that all positions are part-time and voluntary. Please include in the subject line which position you are applying for. If you are interested in more than one position, you may tailor your application to the position that you are most interested in, but please indicate all positions to which you are applying.

Please also address whether you would be interested in an IPilogue Writer position should you not be hired to the Senior Team. Applicants selected for a Senior Editor interview will also be required to complete a short editing exercise upon receiving an interview offer.

Please don’t hesitate to contact us if you have any further questions. We thank all applicants for their interest. We will only contact those selected for an interview.

The post CALL FOR APPLICATIONS: IPilogue Senior Editors & Content Manager (Summer 2022) appeared first on IPOsgoode.

IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.

Term: January – April 2022 (with possibility of continuing into summer 2022)

Benefits:

• Profile on our website with a link to all of your articles
• Byline with photo on the articles that you contribute
• Network of contributors to share ideas and collaborate with other writers

Responsibilities:

• Contribute at least 1 article every 2 weeks (for a minimum of 8 articles over the term); Writers may contribute more articles earlier in the summer to be spaced out over the term
• Keep track of articles written

Qualifications:

• Exemplary writing, research, and analysis skills
• Interest in learning about IP law and technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

Application Details

The deadline to apply for all positions is��Friday, January 14, 2022. To submit your application, please send the following documents to��iposgoode@osgoode.yorku.ca:

• Cover letter (outline your interest in IP law, as well as your relevant writing/editing experience)
• ��é���ܳ�é
• Updated Transcript (unofficial is acceptable)
• Writing Sample: a 750 word (max) blog article about an IP issue

Please note that this position is part-time and voluntary.��

Please don’t hesitate to contact us if you have any further questions. Applicants will be considered and interviewed on an ongoing basis. We thank all applicants for their interest. We will only contact those selected for an interview.

The post CALL FOR APPLICATIONS: IPilogue Writers (Winter 2022) appeared first on IPOsgoode.

We are pleased to announce the call for IPilogue Writers for the 2021/22 academic year! If you are passionate about writing and interested in building your presence or being published in IP law, this is a great opportunity for you.

IPilogue Writers (10 to 15 positions available)

IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.

Term: September 2021 – April 2022 (with possibility of continuing into summer 2022)

Benefits:

• Profile on our website with a link to all of your articles
• Byline with photo on the articles that you contribute
• Access to forum where you can share ideas with other Contributors

Responsibilities:

• Contribute at least 1 article every 2 weeks (for a minimum of 8 articles over the summer); Writers may contribute more articles earlier in the summer to be spaced out over the term
• Keep track of articles written

Qualifications:

• Exemplary writing, research, and analysis skills
• Interest in learning about IP law and technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

Application Details

The deadline to apply for all positions is��Friday, September 3, 2021. To submit your application, please send the following documents to��iposgoode@osgoode.yorku.ca:

• Cover letter (outline your interest in IP law, as well as your relevant writing/editing experience)
• ��é���ܳ�é
• Updated Transcript (unofficial is acceptable)
• Writing Sample: a 750 word (max) blog article about an IP issue

Please note that this position is part-time and voluntary.��

Please don’t hesitate to contact us if you have any further questions. We thank all applicants for their interest. We will only contact those selected for an interview.

The post CALL FOR APPLICATIONS: IPilogue Writers (2021/22 academic year) appeared first on IPOsgoode.

Descriptions of the available positions are reproduced below, with details for applying at the bottom of the page:

Senior IPilogue Editors

Senior IPilogue Editors review contributors’ content before it is approved by the Managing Editor and posted by the Content Manager on the website.

Benefits:

• Profile on our website
• Byline with photo on the articles that you contribute
• Access to forum where you can share ideas with IPilogue Contributors
• Name included on the website’s main menu with a page dedicated to your contributions

Responsibilities:

• Revise, edit, and proofread content from IPilogue Writers and Guest Writers to ensure both a neutral perspective and high-quality writing
• Content will be divided between Senior Editors
• Contribute a minimum of 1 article per month
• Keep track of content reviewed and update Managing Editor and Content Manager about progress
• Liaise with Writers about clarifications and corrections needed for articles

Qualifications:

• Exemplary revising, editing, and proofreading skills
• Strong writing, research, and critical thinking skills
• Strong organization and communication skills, including providing regular updates
• Ability to meet deadlines and turnaround work quickly
• Interest in learning about IP law and Technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

��

IPilogue Writers

IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.

Benefits:

• Profile on our website
• Byline with photo on the articles that you contribute
• Access to forum where you can share ideas with other Contributors
• Name included on the website’s main menu with a link to your articles

Responsibilities:

• Contribute at least 1 article every 2 weeks (for a minimum of 8 articles over the summer); Writers may contribute more articles earlier in the summer to be spaced out over the term
• Keep track of articles written

Qualifications:

• Exemplary writing, research, and analysis skills
• Interest in learning about IP law and technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

��

Application Details

Please submit the following documents to iposgoode@osgoode.yorku.ca:

• Cover letter (outline your interest in IP law, as well as your relevant writing/editing experience)
• ��é���ܳ�é
• Updated Transcript (unofficial is acceptable)
• Writing Sample: a 750 word (max) blog article about an IP issue

All positions are part-time and voluntary, running from May-August 2021 with the possibility of continuing during the 2021/2022 academic year.

If you are applying for a Senior IPilogue Editor��position, please address whether you would be interested in an IPilogue Writer position if you are not hired as a Senior IPilogue Editor. If your application is chosen for further consideration, you will also be required to complete a short editing exercise after you apply.

Please don't hesitate to contact us if you have any further questions. We thank all applicants for their interest. We will only contact those selected for an interview.

The post IPilogue Summer 2021 Team - DEADLINE EXTENDED! appeared first on IPOsgoode.

We are looking to hire Senior IPilogue Editors, IPilogue Writers, and a Content Manager.

Senior IPilogue Editors (2 positions available)

Senior IPilogue Editors review contributors’ content before it is approved by the Managing Editor and posted by the Content Manager on the website.

Term: May - August 2021

Benefits:

• Profile on our website
• Byline with photo on the articles that you contribute
• Access to forum where you can share ideas with IPilogue Contributors
• Name included on the website’s main menu with a page dedicated to your contributions

Responsibilities:

• Revise, edit, and proofread content from IPilogue Writers and Guest Writers to ensure both a neutral perspective and high-quality writing
• Content will be divided between both Senior Editors
• Contribute a minimum of 1 article per month
• Keep track of content reviewed and update Managing Editor and Content Manager about progress
• Liaise with Writers about clarifications and corrections needed for articles

Qualifications:

• Exemplary revising, editing, and proofreading skills
• Strong writing, research, and critical thinking skills
• Strong organization and communication skills, including providing regular updates
• Ability to meet deadlines and turnaround work quickly
• Interest in learning about IP law and Technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

��

IPilogue Writers (up to 15 positions available)

IPilogue Writers will be in charge of contributing timely articles related to IP law, technology, and related legal issues to the blog.

Term: May 2021 – August 2021

Benefits:

• Profile on our website
• Byline with photo on the articles that you contribute
• Access to forum where you can share ideas with other Contributors
• Name included on the website’s main menu with a link to your articles

Responsibilities:

• Contribute at least 1 article every 2 weeks (for a minimum of 8 articles over the summer); Writers may contribute more articles earlier in the summer to be spaced out over the term
• Keep track of articles written

Qualifications:

• Exemplary writing, research, and analysis skills
• Interest in learning about IP law and technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

��

Content Manager (1 position available)

The Content Manager is responsible for preparing all content to post on the website and making sure that we have enough content each week.

Term: May 2021 – August 2021

Benefits:

• Profile on our website
• Byline with photo on the articles that you contribute
• Access to forum where you can share ideas with other IPilogue Writers and Guest Writers

Responsibilities:

• Preparing articles for publication on the IP Osgoode website (including tags and categories)
• Finding or preparing images to accompany articles
• Co-ordinating between Senior IPilogue Editors, Managing Editor, and IPilogue Writers or Guest Writers as necessary

Qualifications

• Strong organizational skills
• Strong attention to detail
• Ability to meet tight deadlines and adapt to changes
• Interest in learning about IP law and technology issues
• Respect/openness for differing opinions and evidence-based issue analysis
• Preference will be given to:
  • Osgoode JD or LL.M students
  • Writers who have actively contributed to the IPilogue in the past

��

Application Details

The deadline to apply for all positions is Friday, March 26, 2021. To submit your application, please send the following documents to iposgoode@osgoode.yorku.ca:

• Cover letter (outline your interest in IP law, as well as your relevant writing/editing experience)
• ��é���ܳ�é
• Updated Transcript (unofficial is acceptable)
• Writing Sample: a 750 word (max) blog article about an IP issue

Please note that all positions are part-time and voluntary. Please include in the subject line which position you are applying for. If you are interested in more than one position, you may tailor your application to the position that you are most interested in, but please indicate in your email all positions to which you are interested in applying.

If you are applying for a Senior IPilogue Editor position, please address whether you would be interested in an IPilogue Writer position should you not be hired as a Senior IPilogue Editor. If your application is chosen for further consideration, you will also be required to complete a short editing exercise after you apply.

We thank all applicants for their interest. We will only

The post CALL FOR APPLICATIONS: Join the Summer 2021 IPilogue Team appeared first on IPOsgoode.

Beware of the copyright

Generally, Halloween costumes are not protected by copyright as articles that serve a utilitarian function (i.e. clothing) are not eligible for protection when produced in quantities greater than fifty. However, not all aspects of a costume qualify as useful. For instance, masks are not considered to serve a utilitarian function and can indeed be protected by copyright in the United States. held that nose masks were not useful articles, and thus entitled to copyright protection. While there may not be an equivalent Canadian case regarding novelty masks, (c.o.b. SpareParts), a jewellery case, stated that “[i]t is not enough to hold without evidence that because jewellery is worn it is ipso facto useful.” This would suggest that the mere fact that something is worn, such as a mask, would also not be automatically considered useful and could be protected by copyright.

More recently, in the United States Supreme Court held that “the design of a useful article is eligible for copyright protection… if the feature (1) can be perceived as a two- or three- dimensional work of art separate from the useful article, and (2) would qualify as protectable pictorial, graphic or sculptural work – either on its own or fixed in some other tangible medium of expression – if it were imagined separately from the useful article into which it is incorporated”. The Supreme Court determined that the design on the cheerleading uniform could be protected by copyright as separate from the clothing itself. This could have wide-reaching implications beyond Halloween costumes, as it would be beneficial to the fashion industry’s war against knockoffs.

Although this was a US decision, it helps to shed light on the potential scope of fashion copyright infringement. The protection of a design, be it fashion or Halloween costume, would extend protection beyond masks and jewellery. A specific design of colours and shapes, such as those on Varsity Brands cheerleading uniforms, are now eligible for protection. This would mean United States fashion designers could apply for copyright protection on stripes, buckles and many other artistic combinations.��

Under section 29.22(1)(e) of the , it is not an infringement of copyright for an individual private use. While big box stores selling Marvel superhero costumes likely have a licence to do so, those putting together their costume at home need not worry. There is no need to fear the legal boogeyman, your homemade Halloween costume is unlikely to land you in a courtroom.

Spooktacular patents

There are a number of Canadian patents covering all aspects of Halloween. The Evil Eye () is a Halloween mask that has voice activated light-up eyes. There are even patents on your trick-or-treat bags! is a trick-or-treat bag with a light in the handle. The is another fun trick-or-treat patent to give unwary parents a trick in exchange for their treats. Even jack-o-lanterns are covered with the to make sure they are displayed for optimal spookiness. This year when you’re out collecting candy, take a second to look at all the inventive genius that has gone into Halloween over the years.��

Candy

In 2019, estimated there were 4 million children of trick-or-treating age (5 – 14 years old). With all those candy-hungry children, it’s no surprise that revenue from ��Halloween candy was . With so much at stake, candy makers are eager to protect their money-making trademarks. Most, if not all, of the candies you know and love are protected by trademark law. The classic love-it or hate-it is protected by trademark. Hershey’s Chocolate has numerous trademarks, such as the classic or the phrase. In fact, even the of Hershey’s Kisses are protected!

Hershey and Mars are two of the big players on Halloween night. However, when kids are sorting through their piles of candy, little do they know of the battle that has raged between these two candy empires. In 2015 Mars and Hershey settled their US case regarding . This isn’t the first time that Hershey and Mars have been at odds. In 1998, that Mars infringed upon the trade dress of their Reese’s Peanut Butter Cups was dismissed. Understandably, Hershey is very protective of their peanut butter cups, and again filed suit against Mars for trademark infringement, but

So next time you hear someone say Halloween was “invented” by the candy companies you can say, actually, Halloween was perfected by lawyers!

Written by Maddie Lynch. Maddie is a second year JD candidate at Osgoode Hall Law School. She is a contributing IPilogue editor, Intellectual Property Journal editor and IP Innovation Clinic Fellow.

The post Forget Ghosts, Goblins and Ghouls, Watch out for Patents, Copyrights and Trademarks this Halloween appeared first on IPOsgoode.

Since 2007, IP Osgoode awards prizes every year to students of Osgoode Hall Law School for their contributions to our website. These prizes are generously sponsored by the law firm of . We are happy to announce that IP Osgoode will once again be issuing the series of four prizes, the Gowlings IPilogue Prize, at the end of the school year.

For each semester (Fall and Winter), the author of the best blog is awarded a $500 cash prize, given a notation on their official Osgoode Transcript, and has an official prize announcement during convocation. There are also awards for the best blog comment made on the IP Osgoode website in each semester. Commenting on blogs is a great way to keep up to date on relevant IP and Tech issues and join in the discussion with the rest of the IP Osgoode community.

Anyone wishing to be considered for the Gowlings IPilogue Prize must submit their blog or comment, and be published on the IP Osgoode website, by the last day of classes (Friday April 11, 2014). Applicants must also be full-time Osgoode Hall Law School students. Blogs must be approximately 750 words and of publishable quality (i.e. no spelling/grammatical errors). It is recommended that blogs cite sources in the form of embedded hyperlinks, where appropriate.

Blogs can be submitted to iposgoode@osgoode.yorku.ca. Comments can be made directly on the website. All topics related to IP or Technology law are welcome. For more information on the Gowlings Prize, as well as a list of past winners, please visit . Please note that blogs by IPilogue Editors will not be considered for this Prize.

The post Announcing the Gowlings IPilogue Prize 2013-2014 appeared first on IPOsgoode.