Recent Insights

BC Court of Appeal Finds Using Trademarks as Keywords in Internet Advertising Constitutes Passing Off BC Court of Appeal Finds Using Trademarks as Keywords in Internet Advertising Constitutes Passing Off

Trademark
February 8, 2017February 8, 20172017-02-08
Vancouver Community College v Vancouver Career College (Burnaby), 2017 BCCA 41, concerns the use of competitors’ marks in the context of keyword internet searches. The appellant claimed that the respondent’s use of its official mark “VCC” in their internet advertising and domain name (VCCollege.ca) constituted passing off.
Deeth Williams Wall http://www.dww.com/articles/bc-court-of-appeal-finds-using-trademarks-as-keywords-internet-advertising-constitutes

Close Ties to China Too Speculative to Establish Interlocutory Mareva Injunction in Patent Infringement Action Close Ties to China Too Speculative to Establish Interlocutory Mareva Injunction in Patent Infringement A...

Patent Litigation
February 8, 2017February 8, 20172017-02-09
A Mareva injunction is a form of interlocutory injunction that freezes a party’s assets so that they cannot be removed from the jurisdiction or dissipated in order to thwart a potential judgment.  In a recent case concerning a patent infringement action, Unilin Beheer BV v Triforest Inc, 2017 FC 76, Gascon J of the Federal Court held that to obtain an interlocutory Mareva injunction, the plaintiff must provide clear and convincing evidence of a “real risk” of the expatriation of asserts by the defendant in order to avoid a judgment.  Gascon J was not satisfied that the plaintiffs (
Deeth Williams Wall http://www.dww.com/articles/close-ties-to-china-too-speculative-to-establish-interlocutory-mareva-injunction-patent

Federal Court of Appeal Upholds Decision Regarding Tariff of Access for Kindergarten to Grade 12 Educational Institutions Federal Court of Appeal Upholds Decision Regarding Tariff of Access for Kindergarten to Grade 12 Educatio...

Trademark and Copyright Litigation
February 8, 2017February 8, 20172017-02-08
On January 27, 2017, the Federal Court of Appeal (Court) released a unanimous decision in Canadian Copyright Licensing Agency (Access Copyright) v British Columbia (Education), 2017 FCA 16, affirming the decision from the Copyright Board (Board) regarding the doctrine of fair dealing and Canadian Copyright Licensing Agency (Access) royalty rates.
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-appeal-upholds-decision-regarding-tariff-of-access-for-kindergarten-to

Reasonable Royalty Awarded for Pre-Grant Patent Infringement in Frac Shack Inc v AFD Petroleum Ltd Reasonable Royalty Awarded for Pre-Grant Patent Infringement in Frac Shack Inc v AFD Petroleum Ltd

Patent Litigation
February 8, 2017February 8, 20172017-02-08
On January 26, 2017, in Frac Shack Inc v AFD Petroleum Ltd, 2017 FC 104, the Federal Court awarded an accounting of profits and a reasonable royalty of 29% of the infringer’s profits for pre-issuance patent infringement.  This case is noteworthy because the plaintiff published their patent application early and obtained an award for pre-issuance compensation.
Deeth Williams Wall http://www.dww.com/articles/reasonable-royalty-awarded-for-pregrant-patent-infringement-frac-shack-inc-v-afd-petroleum

Federal Court Orders Removal of Canadian Court and Tribunal Decisions Containing Personal Information from Third Party Website Federal Court Orders Removal of Canadian Court and Tribunal Decisions Containing Personal Information fro...

Privacy
February 8, 2017February 8, 20172017-02-08
In AT v Globe24h.com (2017 FC 114), the Federal Court (Court) found that a Romanian website owner contravened the Personal Information Protection and Electronics Documents Act (PIPEDA) by publishing personal information contained in Canadian court and tribunal decisions without the consent of the named individuals. The infamous website republishes legal decisions in a manner that allows for indexing by search engines, such as Google®.
Deeth Williams Wall http://www.dww.com/articles/federal-court-orders-removal-of-canadian-court-and-tribunal-decisions-containing-personal

US Executive Order Removes Privacy Protections for Foreigners (Including Canadians) US Executive Order Removes Privacy Protections for Foreigners (Including Canadians)

Privacy
February 8, 2017February 8, 20172017-02-08
On January 25th, President Trump signed an Executive Order effectively terminating privacy protections in the US for those living outside of the United States (Order). The Order requires that all US government offices remove privacy policies protecting non-US citizens. Such policies act a chief source of privacy protection from US Government intelligence gathering entities.
Deeth Williams Wall http://www.dww.com/articles/us-executive-order-removes-privacy-protections-for-foreigners-including-canadians

Events

February 22, 2017

James Kosa will be speaking at the LES 2017 Kick-Off: Toronto Social Event & Evening Talk on "Ethical Negotiations - The Art of the Possible".

His discussion will explore a range of topics that include the evolution of the duty to contract in good faith, the intersection of contract law and public policy, and examples of ethical dilemmas in contract negotiations.

February 1, 2017

On February 1, 2017, Richard Austin presented "Consent in the time of big data" at the 14th Privacy & Data Security Compliance Forum.

A copy of the presentation is available here

November 22, 2016

Kavita Ramamoorthy will be speaking at the Ontario Bar Association's intellectual property litigation conference on November 22, 2016.  

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