Marsha Simone Cadogan, Barrister & Solicitor A franchise agreement is a specific contractual relationship in which one entity (the franchisor) allows another (the franchisee) to use its business model as the basis for operating its…

Author: Marsha Simone Cadogan One of the important dynamics of a business strategy involves taking stock of the proprietary interests in the business and ensuring that adequate legal safeguards are in place to sustain its…

Author: Marsha Simone Cadogan, MSC Intellectual Property & Technology Law (MSC IPTL) Without proof of goodwill or reputation, passing off claims will not be successful. Absent this essential component of the passing off test, the…

This article was originally published by The Lawyer’s Daily, (www.thelawyersdaily.ca) a division of LexisNexis Canada.” Author: Marsha S. Cadogan | 3 min read What is the relationship between emerging technologies and intellectual property (IP)? Innovations…

2020 is bound to be a year marked with the development of greater and more sophisticated technologies. This will likely be the same narrative in the blockchain and distributed ledger technology (DTL) space. What are the most relevant relationships between intellectual property and blockchain and DTL?

Author: Marsha Simone Cadogan The Trademark Act does not prevent businesses from using similar names unless infringement, unfair competition or trademark depreciation can be established.[1] When a plaintiff asserts that another company is passing off…

Author: Marsha Simone Cadogan Copyright in Sport Broadcasters’ Right The Copyright Act,[1] grants broadcasting organizations sole rights in their communication signals.[2] Copyright in sports communication signals is often one of broadcasting organizations’ most relevant intellectual…

Author: Marsha Simone Cadogan Software licensing plays an integral role in a technology’s commercialization andmanagement strategy. Understanding the intellectual property (IP) aspects, such asidentifying the software’s proprietary content and how the law protects it in…

Author: Marsha Simone Cadogan, Barrister & Solicitor Research institutions sometimes require complementary know-how, capital, or other resources to adapt their research output to industry specifications. Collaborative research agreements are contracts between two or more parties…

Author: Marsha Simone Cadogan, Barrister & Solicitor As a manufacturer, making informed decisions on marketing your products to capture and maintain its market share is essential. The law allows comparative advertising if truthful, not disparaging…

Author: Marsha Simone Cadogan, Barrister & Solicitor. Your personal information is important – it likely includes private and confidential data that should not be widely known or shared with others. Data breaches have become more…

If the Court were to permit two royalties to apply to online copyright content that is either downloaded or streamed, the principle of technological neutrality[4] would be violated.

Author: Marsha Simone Cadogan, Barrister & Solicitor. Certification marks are trademarks that indicate to consumers that a product or service uses defined standards to distinguish its brand from that of others. While a mark may…

Protecting this information can be vital to the continued relevance of your products and services in consumer markets.