83: Brand Protection Law (May Cheng) - August 16, 2023

On this episode, we’re exploring the area of brand protection law, with award-winning practitioner, May Cheng. Topics: Bill 96 and new French language requirements; bad faith registrations; copyright law and AI derivative artworks. This program contains 30 minutes of substantive content for the Law Society of Ontario’s CPD requirements.

Full Episode (56:50) Download      Transcript

⚫ How will Quebec’s new Bill 96 requirements impact companies’ advertising requirements? (10:23)
⚫ How will courts assess whether to expunge a trademark on the basis of bad faith registration? (19:18
⚫ What copyright rights do artists maintain regarding derivative works that are generated by AI? (28:45)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (39:43)
? What are some best practices in drafting a cease-and-desist letter to ensure compliance? (40:06)
? What are some tactics that businesses can use to ensure that their proposed business name/trademark is mark is available for use and is protectable? (45:12)
? How can companies meaningfully monitor if other individuals are counterfeiting/imitating their trademarks/products, especially given the high volume of content on social media? (47:57)
? How did you get into this area of brand protection law and what keeps you still engaged? (50:19)

1. Bill 96 and New French Language Requirements  (11:57) Download

Bill 96 – An Act respecting French, the official and common language of Québec
“What’s in Quebec’s new law to protect the French language?” (CBC News, May 21, 2022)

2. Bad Faith Registrations (12:32) Download

Travel Leaders Group, LLC v. 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319
Cheung’s Bakery Products Ltd. v. Easywin Ltd., 2023 FC 190

3. Copyright Law and Artificial Intelligence Derivative Artworks  (14:02) Download

“Can an artist sue an AI over copyright infringement?” (Oct 12, 2018)

4. Ask-Me-Anything: Brand Protection Law (17:01) Download

About the Guest:

May Cheng is a lawyer with Dipchand LLP and is a Certified Specialist in Intellectual Property (IP) Law (Trademark/Copyright).

She has 25 years of experience in advising clients on all aspects of IP protection and enforcement, with a focus on brand protection and enforcement, which includes everything from clearance, prosecution and licensing to litigation. She is regularly involved in a wide variety of IP infringement cases and complex licensing deals. She has developed a specialty practice in anti-counterfeiting for luxury brands, in addition to international portfolio management, licensing and commercial IP work.

May is a contributing author to numerous texts relating to IP cases and legislative changes. In addition to ranking as one of the Top 250 Women in IP, May has received numerous impressive awards, including the OBA Award of Excellence in the Promotion of Women’s Equality as well as the Lifetime Achievement Award by the Ontario Chapter of the Federation of Asian Canadian Lawyers

May‘s Full Bio
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