Photo by Kerde Severin ()

Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba.

Sony's PlayStation 5 (PS5) has been consistently worldwide since its 2020 release. This situation results from the global chip shortage caused by the Covid-19 pandemic and unkind scalpers. But have you heard about GS5? A YouTube unboxing this counterfeit console has attracted almost 8 million views.

The GS5’s official name is GameStation 5. It is a video game console with basically the same look and design as a PS5—even the box looks exceptionally similar. The difference is that the GS5 is much cheaper and smaller and can only support 8-bit games. There is also no need to buy games as it has a built-in game system for over 200 games. However, even the games are counterfeit. In Donkey Kong, the player is a panda. In another game called Somari, the gamer plays Mario in a Sonic game. Overall, GS5 is an entirely counterfeit video game console that steals Sony's design and modifies Nintendo's games. Nothing of GS5 is original. Imagine how many copyright and trademark infringements GS5 may have invoked.

Counterfeit game consoles date back to the 1970s. Even Nintendo made a video game console named , highly similar to Atari's Home Pong. However, game console companies have never stopped fighting for their legal rights. In 2011, Atari filed a copyright , a wholesaler, for importing bootleg versions of its Flashback 2 plug-and-play console to sell to unsuspecting consumers in the US. Atari was seeking over $30 million in damages. In a more recent case, an American rapper DeAndre Cortez Way, better known as , announced his game consoles with 3000 built-in games and sold over 5 million units. He eventually removed all consoles from stores because of a Nintendo copyright action.

Consumers can easily find similar ��products online due to the booming international e-commerce market. On Aliexpress, you can find all kinds of : the PolyStation 2, Nintendo Switch Vita, GBA GameBoy, and more. The game console used to be a high-tech industry where only companies possessing core technology could produce consoles. Nowadays, technology development allows people to make bootleg game consoles at a meagre cost.

on counterfeit game consoles is that counterfeiters and software pirates will face significant penalties. Nevertheless, many consoles come from overseas, out of Canada's jurisdiction. Given the cost of a lawsuit, many game console companies choose not to pursue infringement and instead focus on their innovation and development.

The post Play Somari on GS5 – A Counterfeit Console Story appeared first on IPOsgoode.

Photo by Marjan Blan ()

Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba.

��

On February 15, 2022, Spider-Man: No Way Home has hit at the box office, becoming the sixth-highest grossing movie of all time. Building on the massive success of Avengers: Endgame, Marvel has rapidly become one of the most famous and profitable movie studios worldwide. However, Marvel suffered financial hardships in the early years and made tough decisions. One of them is to sell the Spider-Man film rights. In 1999, Marvel with Sony and officially handed over its most famous superhero for $7 million, which created a list of complex copyright issues for the next 20 years.

In 2002, the first well-known movie was filmed by Columbia Pictures, a division of Sony Entertainment. The film generated $800 million at the box office, redefining what it means to be and successfully saving Sony’s Picture Division from a deficit. The popularity of Spider-Man also made Marvel realize that they gave up a money machine. However, Marvel had no right to unilaterally retain Spider-Man’s copyright unless Sony decided to terminate the contract—which seemed unlikely to happen.

A plot twist occurred in 2008 after Marvel released . The film received praise from critics. The American Film Institution selected it as one of the best films of 2008. The Walt Disney Company saw the potential and purchased Marvel in 2009. With solid financial support from Disney, Marvel ��has successfully promoted the “” and earned a worldwide reputation. In the meantime, Sony’s The Amazing Spider-Man 2 released in 2014 was met with criticism, ending the reboot series.

In 2015, Marvel and Sony made an unprecedented that the two companies would share joint-ownership in Spider-Man's copyright. Marvel would film the movie while Sony would take all the box office earnings and be responsible for the investment and distribution. There is no dispute that the new Spider-Man, starring Tom Holland, is a hit.

According to the deal, Marvel was only authorized to have Spider-Man in 5 movies, and Spider-Man: No Way Home indicated the end of the contract. To avoid spoiling, I will not go into details of the plot, but the movie did result in concerns about the future of Spider-Man. Marvel is currently seeking to retain complete control of Spider-Man through a against Sony.

One interesting fact to mention is that Sony only has the film rights of Spider-Man, not the video game rights. Nevertheless, under the authority of Marvel, Sony released on PlayStation 4 — the best-selling video game in 2018. Until Marvel and Sony reach an agreement, Spider-Man's copyright (like his fate) remains up in the air.

The post Spider-Man: Where is Home? appeared first on IPOsgoode.

Photo by Felix Mooneeram ()

Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba.

��

Imagine you are very interested in a three-hour movie that you do not have the time or patience to finish or a horror movie that you are too scared to watch. If a video condenses the film into short clips summarizing the plot, would you choose to watch the video instead? These movie recap videos have become extremely popular in China. While useful, they raise concerns of potential copyright infringement.

AmoGood, one of China’s most famous and influential movie recap bloggers, is well-known for his video series “Watching a Movie within X Minutes.” His on Bilibili, a popular Chinese video website, has over 2.42 million subscribers and 1400 videos. He has ��millions of likes on Facebook and YouTube. In 2017, AmoGood was involved in the first Chinese legal action against movie recap producers.

Five companies, including Walt Disney Company, Deltamac Co., Autoai Design Co., KKTV Co., and Garage Play, brought against AmoGood. They claimed that his videos infringed by using their movie clips without permission. , AmoGood argued that he used the materials for commentary, criticism, parody, news reporting, research, and scholarship, which do not require permission from rights holders. He also argued that his videos should not qualify as infringement as they are non-commercial (free to watch). After a two-year negotiation, AmoGood eventually reached an agreement with the plaintiffs. He released an official apology ��on his page in 2020 and compensated the claimed economic loss his videos caused.

Nevertheless, the lawsuit did not seem to deter AmoGood or other video bloggers of the same nature. AmoGood continues to make and post videos regularly. The market for this content has continued to grow, with an increasing number of creators uploading videos to YouTube and various video platforms. A Korean Youtuber began producing movie recaps in 2017 and has 1.84 million subscribers. His most popular video, explaining Gerald’s Game, has over 33 million views. The low cost and huge potential benefit of movie recaps are enticing.

Though national governments are attempting to address copyright risks, the internet goes beyond borders. The Chinese National Radio and Television Administration introduced a in 2018 to prevent illegal capture, cut, stitching, and adapting audio-visual programs. Japanese police three people for posting a 10-minute move recap on June 23, 2021. However, YouTube, the most popular video website worldwide, adopts a “” copyright policy that allows the reuse of copyright-protected material under certain circumstances without permission from the copyright owner. This ��policy generates difficulties when interfering with domestic intellectual property laws in different regions. It must also be applied on a case-by-case basis, making it impossible for YouTube to identify and eliminate each and every suspicious video.

The post Spoiler Alert: Behind Movie Recap Videos appeared first on IPOsgoode.

Photo by Daniela Paola Alchapar ()

Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba.

��

Gruyère is a smooth-melting cheese made in Gruyères, Switzerland, which has a long history dating back to the 12th century. France and Switzerland used to fight for the exclusive rights to the "Controlled Designation of Origin" for Gruyère. As the debate heated up, the European Union (EU) stepped in and eventually decided to favour the Swiss in 2001. Interestingly, another battle regarding the Gruyère trademark is happening in North America. Gruyère producers have lost the in the United States since District Judge T.S. Ellis ruled that Gruyère is a generic term for a type of cheese and does not refer solely to cheese from a specific geographic region. However, the fate of the Gruyère trademark in Canada is still up in the air.

Without a registered trademark, Gruyère producers expose themselves to the risk of dispute that may lead to a long and costly legal battle in Canada. If Canada follows the path of the United States to make Gruyère a generic term, Gruyère then cannot be the subject of under Canadian law. In that case, everybody in Canada can make cheese in their way and name it " Gruyère." A spokesman , from Switzerland's agriculture department, stated that it would "threaten the reputation of the original product and its place in the foreign market and can only harm the entire sector."

On August 23, 1994, Schweizerische Kaseunion Ag (Swiss Cheese Union, SCU) filed a certification mark in Ottawa through Marks & Clerk, indicating that Gruyère is from Switzerland. The , if registered, would allow Gruyère to distinguish itself from others based on the place of production. Nevertheless, after two years of struggling, SCU abandoned the application on October 11, 1996.

However, SCU did not give up. They filed for official mark protection for Gruyère on September 15, 1995. An would prohibit others from adopting or registering a trademark that is identical or nearly resembling as to be mistaken. However, to claim the benefit of an official mark, an entity must be a in Canada. SCU, as a Swiss organization, does not meet the requirement. As a result, this application has remained as "advertised" since November 1, 1995.

What SCU could also try is to apply for a geographical indication. A is a mark that indicates a link between a product's distinct quality, reputation or other characteristics and its geographical origin. Famous examples include Feta from Greece and Scotch from Scotland. GI would be an excellent fit for Gruyère because cheese is one of the twenty-four categories available for GI protection. Most importantly, Canada has been strengthening its cooperation with the EU by in 2017, and only a with specific information is required to file a GI application. Gruyère is presently not appearing on the GI list held by Canadian Intellectual Property Office (CIPO). It would be a fascinating opportunity for Gruyère producers to end this trademark battle in Canada with a precious victory.

The post Canadian Position on the "Gruyère" Trademark Battle appeared first on IPOsgoode.

Photo by Brandon Skeli ()

Booker Zhang is an IPilogue Writer and a 1L JD Candidate at the University of Manitoba.

��

Bloodborne, an action role-playing game made by FromSoftware, has achieved tremendous success since being published in 2015. On September 17, 2021, IGN released a of a new game named Wuchang: Fallen Feathers. This trailer has resulted in a heated discussion online about the line between inspiration and plagiarism.

Leenzee Games, the developer of Wuchang, claimed that FromSoftware games served as an inspiration. However, some comments online point to similarities that go beyond mere inspiration. Those who have played FromSoftware’s games can immediately identify the similarities. The sound, the art style, and the combat system are reminiscent of Bloodborne, while the UI looks very similar to Sekiro (another FromSoftware’s game). Some comments have gone as far as to claim that Wuchang is a “” or a “.”

A is that copyright law protects the expression of ideas rather than ideas themselves. The same principle also applies to video games. For example, the idea to make a video game that mimics basketball is not extended copyright protection.

Rather, the way basketball is played in a game amounts to the expression of the idea and may be protected. Various elements constitute the expression of a game—such as the graphic design, voice acting, and character design. In Canada, these are given special copyright protection. The same principle also applied in a 2012 American case , in which the court ruled that a game’s look and feel could be copyright protected.

The core issue here is whether Wuchang has infringed the copyright of Bloodborne on an “expression of ideas” level. One gamer has compared these two games and posted a to summarize the elements shown in the Wuchang trailer that are similar or nearly identical to Bloodborne, including gun sound, blood sound, and axe charge attack animation. Given that the idea is to make a role-playing action game, these elements constitute the expression of the idea. Under this consideration, it is reasonable to believe that Wuchang may have infringed the copyright of Bloodborne.��However, there is still much uncertainty in this case.

Soon after releasing the trailer, Leenzee Games announced that Wuchang was still in the early stages of the development, and only 15% complete. The final product might be completely different from the trailer, which makes it risky for FromSoftware to advance the lawsuit at this point. The fact that these two companies are from different countries also adds to the complexity. So far, FromSoftware has not announced any official statement, and Wuchang is still under development.

The post Born from "Bloodborne": Inspiration or Plagiarism? appeared first on IPOsgoode.