U.S.-Mexico-Canada Trade Agreement with the U.S. Will Extend Data Exclusivity for Biologics in Canada U.S.-Mexico-Canada Trade Agreement with the U.S. Will Extend Data Exclusivity for Biologics in Canada

Intellectual Property
October 4, 2018October 4, 20182018-10-04
On September 30, 2018, Canada reached a new trade agreement with the U.S. (the U.S.-Mexico-Canada Agreement or USMCA).
Deeth Williams Wall http://www.dww.com/articles/usmexicocanada-trade-agreement-us-will-extend-data-exclusivity-for-biologics-canada

OPC Releases Draft Guidance Relating to PIPEDA’s Breach Notification Safeguards OPC Releases Draft Guidance Relating to PIPEDA’s Breach Notification Safeguards

Privacy
October 4, 2018October 4, 20182018-10-04
Starting November 1, 2018, companies governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), will be required to report data breaches to affected customers, third parties and the federal Privacy Commissioner.
Deeth Williams Wall http://www.dww.com/articles/opc-releases-draft-guidance-relating-to-pipeda%E2%80%99s-breach-notification-safeguards

Canadian Analytics Firm Served with GDPR Enforcement Notice Canadian Analytics Firm Served with GDPR Enforcement Notice

Privacy
October 4, 2018October 4, 20182018-10-04
The UK Information Commissioner’s Office (“the Commissioner”) recently served a formal Enforcement Notice (“the Notice”) under the European Union’s (“EU”) General Data Protection Regulation
Deeth Williams Wall http://www.dww.com/articles/canadian-analytics-firm-served-gdpr-enforcement-notice

IBM Requests Double Damages in Patent Infringement Case Against Groupon IBM Requests Double Damages in Patent Infringement Case Against Groupon

Patent Litigation
October 4, 2018October 4, 20182018-10-04
In a post-trial motion made public September 26, 2018, International Business Machines Corp. (IBM) requested that the US District Court for the District of Delaware double the $82.5M USD patent damages owed by Groupon Inc.
Deeth Williams Wall http://www.dww.com/articles/ibm-requests-double-damages-patent-infringement-case-against-groupon

French Court Strikes Down Copyright Licensing Provisions French Court Strikes Down Copyright Licensing Provisions

Copyright
October 4, 2018October 4, 20182018-10-04
On August 7, 2018 , the Tribunal de grande instance de Paris (TGI) released a decision, Décision du 07 août 2018, 1/4 social N° RG 14/07300, declaring ‘null and void’ numerous terms found in Twitter Inc’s (Twitter
Deeth Williams Wall http://www.dww.com/articles/french-court-strikes-down-copyright-licensing-provisions

“Fitzmagic” US Trademark Application by the “Wrong” NFL Player Sparks Controversy “Fitzmagic” US Trademark Application by the “Wrong” NFL Player Sparks Controversy

Trademark
October 4, 2018October 4, 20182018-10-04
In the world of sports today, players are becoming more astute in managing their personal brands, and taking steps to secure protection of names, logos and nicknames with an eye of developing their own personal merchandise.  Athletes taking steps to secure intellectual property rarely make national news, but a recent US trademark application for “Fitzmagic” (Serial # 88113690) has caused quite a stir.
Deeth Williams Wall http://www.dww.com/articles/%E2%80%9Cfitzmagic%E2%80%9D-us-trademark-application-by-%E2%80%9Cwrong%E2%80%9D-nfl-player-sparks-controversy

Supreme Court of Canada Rules that ISPs Can Recover Reasonable Costs for Identifying Copyright Infringers Supreme Court of Canada Rules that ISPs Can Recover Reasonable Costs for Identifying Copyright Infringers

Copyright
September 19, 2018September 19, 20182018-09-19
On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, 2018 SCC 38, concluding that internet service providers (ISPs) are entitled to recover their reasonable costs for identifying copyright infringers in res
Deeth Williams Wall http://www.dww.com/articles/supreme-court-of-canada-rules-isps-can-recover-reasonable-costs-for-identifying-copyright

Quebec Court Rules That Fiberglass Pools Are Not Original Works Under Copyright Quebec Court Rules That Fiberglass Pools Are Not Original Works Under Copyright

Copyright
September 19, 2018September 19, 20182018-09-19
In Piscines Nautika Inc c Fibre Design Inc, 2018 QCCS 3875, the Superior Court of Quebec (the Court) rejected an application by Nautika Pools Inc.
Deeth Williams Wall http://www.dww.com/articles/quebec-court-rules-fiberglass-pools-are-not-original-works-under-copyright

Federal Court Rules That Providing “Hotel Services” Does Not Require a “Bricks and Mortar” Hotel in Canada Federal Court Rules That Providing “Hotel Services” Does Not Require a “Bricks and Mortar” Hotel in Canad...

Trademark
September 19, 2018September 19, 20182018-09-19
On September 7, 2018, the Federal Court set aside the decision of the Registrar of Trademarks, who directed that Hilton’s trademark registration for WALDORF-ASTORIA should be expunged from the register (Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895).
Deeth Williams Wall http://www.dww.com/articles/federal-court-rules-providing-%E2%80%9Chotel-services%E2%80%9D-does-not-require-a-%E2%80%9Cbricks-and-mortar%E2%80%9D

Ninth Circuit Considers Copyright in Data Compilations Ninth Circuit Considers Copyright in Data Compilations

Copyright
September 19, 2018September 19, 20182018-09-19
On June 27, 2018, in Experian Info Sols v Nationwide Mktg Servs, the United States Court of Appeals for the Ninth Circuit (the Court) affirmed (in part) a decision from the United States District Court for the District of Arizona (District Court) granting summary judgment on Experian Information Solutions Inc (Experian)’s claim for copyri
Deeth Williams Wall http://www.dww.com/articles/ninth-circuit-considers-copyright-data-compilations

TickBox Agrees to a $25 Million Judgement to Settle a Copyright Infringement Case TickBox Agrees to a $25 Million Judgement to Settle a Copyright Infringement Case

Copyright
September 19, 2018September 19, 20182018-09-19
On September 11, 2018, the Alliance for Creativity and Entertainment (ACE) representing several major studios, namely Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon and Netflix, filed a
Deeth Williams Wall http://www.dww.com/articles/tickbox-agrees-to-a-25-million-judgement-to-settle-a-copyright-infringement-case

EU Copyright Reform Favouring Creative Industries at the Expense of Tech Giants One Step Closer to Fruition EU Copyright Reform Favouring Creative Industries at the Expense of Tech Giants One Step Closer to Fruiti...

Copyright
September 19, 2018September 19, 20182018-09-19
On September 12, 2018, European Union lawmakers passed a copyright reform directive that aims to update copyright policy for the digital age.  The vote has been met with some controversy, as two provisions, in particular, articles 11 and 13, provide the opportun
Deeth Williams Wall http://www.dww.com/articles/eu-copyright-reform-favouring-creative-industries-at-expense-of-tech-giants-one-step

Federal Court of Canada Rejects Confusion between “iSWATCH” and “i watch” Federal Court of Canada Rejects Confusion between “iSWATCH” and “i watch”

Trademark
September 5, 2018September 5, 20182018-09-05
In Swatch AG (Swatch SA) (Swatch Ltd.) v.
Deeth Williams Wall http://www.dww.com/articles/federal-court-of-canada-rejects-confusion-between-%E2%80%9Ciswatch%E2%80%9D-and-%E2%80%9Ci-watch%E2%80%9D

Courts Rule that Ontario’s Immediate End to Electric Vehicle Incentives Unlawful Courts Rule that Ontario’s Immediate End to Electric Vehicle Incentives Unlawful

Litigation
September 5, 2018September 5, 20182018-09-05
In Tesla Motors Canada ULC v Ontario (Ministry of Transportation), 2018 ONSC 5062, the Ontario Superior Court of Justice ruled in favour of Tesla Motors Canada (“Tesla”) this pa
Deeth Williams Wall http://www.dww.com/articles/courts-rule-ontario%E2%80%99s-immediate-end-to-electric-vehicle-incentives-unlawful

US Court Of Appeals Rules That Copyright Owners Need More Than an IP Address to Establish Copyright Infringement US Court Of Appeals Rules That Copyright Owners Need More Than an IP Address to Establish Copyright Infri...

Copyright
September 5, 2018September 5, 20182018-09-05
On August 27, 2018, the US Court of Appeals for the Ninth Circuit issued its decision in Cobbler Nevada LLC v Gonzales, No.
Deeth Williams Wall http://www.dww.com/articles/us-court-of-appeals-rules-copyright-owners-need-more-than-an-ip-address-to-establish

New United States-Mexico Trade Deal May Extend the Copyright Term New United States-Mexico Trade Deal May Extend the Copyright Term

Copyright
September 5, 2018September 5, 20182018-09-05
On August 27, 2018, the Trump administration announced that it had reached a preliminary agreement with Mexico to revise the North American Free Trade Agreement.
Deeth Williams Wall http://www.dww.com/articles/new-united-statesmexico-trade-deal-may-extend-copyright-term

SEC Rejects Nine Bitcoin ETF Proposals SEC Rejects Nine Bitcoin ETF Proposals

Intellectual Property
September 5, 2018September 5, 20182018-09-05
The Securities Exchange Commission (SEC) rejected nine Bitcoin exchange-traded funds (ETF) proposals in orders published on August 22 involving three separate companies – ProShares (two proposed ETFs), Direxion (five) and GraniteShares (two).  The ETFs in question differed from previous proposals in that they were tied to the market for bitcoin futures, rather than a fund that holds bitcoin directly.
Deeth Williams Wall http://www.dww.com/articles/sec-rejects-nine-bitcoin-etf-proposals

Procter & Gamble Applies to Trademark “LOL” Procter & Gamble Applies to Trademark “LOL”

Trademark
September 5, 2018September 5, 20182018-09-05
The consumer goods giant, Procter & Gamble (P&G) recently filed applications in Canada and the United States to trademark acronyms common in SMS (short message service) language or textspeak, including “LOL”, “FML”, “NBD”, and “WTF”.
Deeth Williams Wall http://www.dww.com/articles/procter-gamble-applies-to-trademark-%E2%80%9Clol%E2%80%9D

Ontario Court Recognizes and Enforces US Judgment for Copyright Infringement Ontario Court Recognizes and Enforces US Judgment for Copyright Infringement

Trademark and Copyright Litigation
August 22, 2018August 22, 20182018-08-22
On August 1, 2018, the Ontario Superior Court of Justice (Court) issued its decision in Dish v Shava, 2018 ONSC 2867, and granted summary judgment.  In so doing, the Court recognized and enforced a $25,600,000 US judgment order for copyright infringement.
Deeth Williams Wall http://www.dww.com/articles/ontario-court-recognizes-and-enforces-us-judgment-for-copyright-infringement

Court of Appeal Rules Names of Top Physician OHIP Billers Are Not “Personal Information” Court of Appeal Rules Names of Top Physician OHIP Billers Are Not “Personal Information”

Privacy
August 22, 2018August 22, 20182018-08-22
On August 3, 2018, the Ontario Court of Appeal issued its decision in Ontario Medical Association v Ontario (Information and Privacy Commissioner), 2018 ONCA 673, finding that the names of the top 100 physician billers to OHIP and amounts billed are not “p
Deeth Williams Wall http://www.dww.com/articles/court-of-appeal-rules-names-of-top-physician-ohip-billers-are-not-%E2%80%9Cpersonal-information%E2%80%9D