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Krouse V. Chrysler Canada Ltd.
''Krouse v. Chrysler Canada Ltd.'' is generally thought to be the first case to clearly acknowledge the existence in Canada of a tort of appropriation of personality. Background Bob Krouse was a well-known professional Canadian football, football player with the Hamilton Tiger-cats who played as the number 14. Grant Advertising was an advertising firm whose clients included Chrysler Canada. In 1969, Grant had produced an advertising scheme for Chrysler which included a cardboard scorecard that was distributed to the public. The scorecard was known as the "Plymouth Pro Football Spotter" which allowed football fans to track scores. On the Spotter was an image of Krouse from behind with his number 14 clearly visible. Krouse sued Chrysler for use of his image without his consent. The judgment below The claim that was presented was considered to consist of five distinct elements: ::(i) invasion of privacy ''wikt:per se, per se''; ::(ii) appropriation of personality, appropriation o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in '' Halpern v Canada (AG)'' that found defining marriag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been unjustly enriched at the expense of another is required to make restitution. This principle derives from late Roman law, as stated in the Latin maxim attributed to Sextus Pomponius, ''Jure naturae aequum est neminem cum alterius detrimentum et injuria fieri locupletiorem'' ("By natural law it is just that no one should be enriched by another's loss or injury"). In civil law systems, it is also referred to as enrichment without cause or unjustified enrichment. In pre-modern English common law, restitutionary claims were often brought in an action for '' assumpsit'' and later in a claim for money had and received. The seminal case giving ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Entertainment Case Law
Entertainment is a form of activity that holds the attention and interest of an audience or gives pleasure and delight. It can be an idea or a task, but it is more likely to be one of the activities or events that have developed over thousands of years specifically for the purpose of keeping an audience's attention. Although people's attention is held by different things because individuals have different preferences, most forms of entertainment are recognisable and familiar. Storytelling, music, drama, dance, and different kinds of performance exist in all cultures, were supported in royal courts, and developed into sophisticated forms over time, becoming available to all citizens. The process has been accelerated in modern times by an entertainment industry that records and sells entertainment products. Entertainment evolves and can be adapted to suit any scale, ranging from an individual who chooses private entertainment from a now enormous array of pre-recorded products, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personality Rights
Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction. Classification Personality rights are generally considered to consist of two types of rights: the right of publicity, or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark; and the right to privacy, or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. A commonly cited justific ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Intellectual Property Case Law
Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cambridge University Press
Cambridge University Press was the university press of the University of Cambridge. Granted a letters patent by King Henry VIII in 1534, it was the oldest university press in the world. Cambridge University Press merged with Cambridge Assessment to form Cambridge University Press and Assessment under Queen Elizabeth II's approval in August 2021. With a global sales presence, publishing hubs, and offices in more than 40 countries, it published over 50,000 titles by authors from over 100 countries. Its publications include more than 420 academic journals, monographs, reference works, school and university textbooks, and English language teaching and learning publications. It also published Bibles, runs a bookshop in Cambridge, sells through Amazon, and has a conference venues business in Cambridge at the Pitt Building and the Sir Geoffrey Cass Sports and Social Centre. It also served as the King's Printer. Cambridge University Press, as part of the University of Cambridge, was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gould Estate V
Gould may refer to: People * Gould (name), a surname Places United States * Gould, Arkansas, a city * Gould, Colorado, an unincorporated community * Gould, Ohio, an unincorporated community * Gould, Oklahoma, a town * Gould, West Virginia, an unincorporated community * Gould City, Michigan * Gould City, Washington * Gould Township, Minnesota Multiple countries * Gould Lake (other) * Mount Gould (other) Elsewhere * Gould (crater), a lunar crater formation * Gould Coast, Antarctica * Gould Dome, Alberta, Canada Other uses * Gould baronets, two titles, one in the Baronetage of England and one in the Baronetage of Great Britain * Gould Belt, a partial ring of stars in the Milky Way * Gould designation, a type of star identifier * Gould League, an independent Australian organisation promoting environmental education * Gould Electronics, a company involved in the electronics and semiconductor industries * Gould Racing, a British motorsport comp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen – to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state insti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ipso Facto
is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a ''direct'' consequence, a resultant ''effect'', of the action in question, instead of being brought about by a previous action. (Contrast this with the expressions ''"by itself"'' or ''"per se"''.) It is a term of art used in philosophy, law, and science. Aside from its technical uses, it occurs frequently in literature, particularly in scholarly addenda: e.g., "Faustus had signed his life away, and was, , incapable of repentance" (from Christopher Marlowe, '' The Tragical History of Dr. Faustus'') or "These prejudices are rooted in the idea that every tramp is a blackguard" (from George Orwell, ''Down and Out in Paris and London''). In Catholic canon law denotes the automatic character of the loss of membership in a religious body by someone guilty of a specified action. Within the canon law of the Catholic Church, the phrase is more commonly used than with regard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Passing Off
Passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the Goodwill (accounting), goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods or services as being the goods and services of another, and also prevents a trader from holding out his or her goods or services as having some association or connection with another when this is not true. Passing off and trade mark law A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of the trade dress (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks. Passing off is of particular significance where an action for trade mark infringement based on a registered trade mark is unlikel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
