In today’s technology, media and internet age, the sale or purchase of a business invariable has intellectual property components that are often overlooked. Proper identification and valuation of intellectual property is very important as it will have benefits for both the sellers and purchasers of the business. The value of intangibles such as intellectual property as a proportion of a…
At Sodagar & Company, we understand that it can take months or even years to create your masterpiece. In Canada, the Copyright Act affords copyright protection for digital media, television, photographs, music, video games and apps. The Copyright Act provides an incentive for the creation of artistic works by rewarding authors and artists with a set of exclusive rights –…
At Sodagar & Company, we understand that when negotiating a copyright license it is easy to be focused only with the monetary issues and determining the scope of the license. After all, royalties, payments, and defining the field of use for the license are important features of the license. That is why we are there to assist with the aspects…
In Canada, copyright protects original creative works. Copyright protection is usually found in the following categories of works: literary, dramatic, musical and artistic as well as performer’s performances, sound recordings and communication signals. Owning the copyright to a work allows you to prevent others from producing or reproducing all or a substantial part of your work in any form without…
In today’s information and technology age, trade-marks are becoming increasingly the most valuable assets of company’s and businesses. As such, trade-mark licensing, including promotional or product licensing and franchise licensing, are effective tools for trade-mark owners to capitalize on such assets. Trade-mark licenses are therefore an effective tool to maximize brand exposure and revenue through use of a trade-mark by…
Canada recognizes common-law trade-mark rights based on use, including actions for passing off. In addition, Canada has a federally enacted Trade-marks Act that provides additional remedies, including remedies for passing off. The Trade-Marks Act permits a party to sue for: false and misleading statements that tend to discredit the business, goods or services of a competitor; passing off; and descriptions of…
Trade-mark applications in Canada, once accepted by the relevant trade-mark office, are open to opposition by third parties. In Canada, any person is entitled to start an opposition to a trade-mark, provided that such person relies on at least one of the grounds of opposition set out in Section 38 of the Trade–marks Act Grounds of Opposition Unlike…
In today’s digital and social media age (Facebook, Twitter, Instagram, Pintrest), consumers’ purchasing decisions are influenced by trade-marks and the reputation such brands represent. Often a single brand or logo, trade-marks can convey messages about you, your company, and your company’s reputation, products and services. Trade-marks are also your marketing tool, distinguishing your products and/or services from the rest of…