California Fines Internet Pharmacy $88 MILLION California Fines Internet Pharmacy $88 MILLION

Food and Drug
June 20, 2002June 20, 20022015-07-08
The State of California has fined a Los Angeles pharmacy and its principals $88.7 million(U.S.) for violating a law that makes it illegal for Internet based pharmacies to fill prescriptions for patients without a proper examination by a licensed physician.
Deeth Williams Wall https://www.dww.com/articles/california-fines-internet-pharmacy-88-million

The Popularity of Phone Calls Over the Internet Leading to Regulation The Popularity of Phone Calls Over the Internet Leading to Regulation

Information Technology
June 20, 2002June 20, 20022015-07-08
Analysts estimate that up to 8 percent of all international long-distance calls are made using the Internet. State controlled telecommunications companies around the world feel threatened by this popularity to the extent that more than a dozen countries have banned the practice.
Deeth Williams Wall https://www.dww.com/articles/popularity-of-phone-calls-over-internet-leading-to-regulation

RIM Sues Good Technology for Patent Infringement RIM Sues Good Technology for Patent Infringement

Patents
June 20, 2002June 20, 20022015-07-08
On June 19, 2002, Research In Motion (RIM) announced that it had filed a Complaint in the United States District Court for the District of Delaware against Good Technology, Inc. The Complaint alleges that Good Technology's wireless goods and services infringe on four of RIM's patents.
Deeth Williams Wall https://www.dww.com/articles/rim-sues-good-technology-for-patent-infringement

Amazon.com settles with U.S. Securities Exchange Commission Amazon.com settles with U.S. Securities Exchange Commission

Information Technology
June 20, 2002June 20, 20022015-07-08
Amazon.com has settled with the U.S. Securities Exchange Commission (SEC) for its part in a misstatement of accounts by former partner Ashford.com. The SEC suit against Amazon.com, Ashford.com and two of Ashford.com's executives, Kenneth E. Kurtzman and Brian E. Bergeron alleged that Amazon.com helped Ashford.com misstate its financial results in 2000 by resolving a payment dispute using two separate documents each declaring a different settlement time. Ashford.com executives only disclosed one of the documents to the company's auditors, and thereby deferred a $1.5 Million loss.
Deeth Williams Wall https://www.dww.com/articles/amazoncom-settles-us-securities-exchange-commission

Legal Assistance Using Video Kiosk Legal Assistance Using Video Kiosk

Information Technology
June 20, 2002June 20, 20022015-07-08
In an effort to provide legal assistance to low income litigants and to reduce court workloads, the state of California has introduced computerized video kiosks that dispense legal advice and assist litigants in preparing common court filings.
Deeth Williams Wall https://www.dww.com/articles/legal-assistance-using-video-kiosk

Ontario Privacy Commission Releases Annual Report Ontario Privacy Commission Releases Annual Report

Privacy
June 20, 2002June 20, 20022015-07-08
Well in advance of the January 1, 2004 deadline for Canadian provinces to provide privacy legislation in lieu of the federal legislation (PIPEDA), the 2001 Annual Report of the Ontario Information and Privacy Commissioner (OIPC) calls for the adoption of Ontario's proposed privacy legislation (the Privacy of Personal Information Act, 2002).
Deeth Williams Wall https://www.dww.com/articles/ontario-privacy-commission-releases-annual-report

Patents and Standard-Setting: Hot Issues for Patent Owners Patents and Standard-Setting: Hot Issues for Patent Owners

Patents
June 19, 2002June 19, 20022015-07-08
© 2002, Deeth Williams Wall LLP. All Rights Reserved. By: Jennifer Jannuska (June 19, 2002) The intermingling of standard-setting and patents has been a contentious topic in legal and technology circles in the last several years. Some say there is an inherent conflict between standard-setting (as an open and public activity) and patents (which are by nature closed and proprietary). Disclosure and licensing are two areas of concern for patent owners interested in participating in standard-setting.
Deeth Williams Wall https://www.dww.com/articles/patents-and-standardsetting-hot-issues-for-patent-owners

Inventorship, Authorship, Ownership: Employees and Patent/Copyright Inventorship, Authorship, Ownership: Employees and Patent/Copyright

Patents
June 19, 2002June 19, 20022015-07-08
© 2002, Deeth Williams Wall LLP. All Rights Reserved. By: Jennifer Jannuska (June 19, 2002) Ownership of Inventions, Patent Rights by Employees Under the Patent Act, the inventor is the first person having the right to apply for a patent. In practice, where an invention has been assigned to a company, the company may apply for a patent in its own name by providing evidence of the assignment of rights from the inventor.
Deeth Williams Wall https://www.dww.com/articles/inventorship-authorship-ownership-employees-and-patentcopyright

Two Ontario Companies Sue Tucows for Defamation Two Ontario Companies Sue Tucows for Defamation

Information Technology
May 18, 2002May 18, 20022015-09-23
A numbered Ontario company carrying on business under the name Domain Register of Canada (DRC) and one its affiliates, Domain Register of America Inc. (the Plaintiffs) have initiated legal proceedings against Tucows for having sent out emails warning its clients of DRC's questionable marketing practices.
Deeth Williams Wall https://www.dww.com/articles/two-ontario-companies-sue-tucows-for-defamation

International Trade, Generic Drugs and the Developing World International Trade, Generic Drugs and the Developing World

Food and Drug
April 12, 2002April 12, 20022015-07-08
© 2002, Deeth Williams Wall LLP. All Rights Reserved. By: Heather Watts (April 12, 2002) AIDS and Africa Since the Uruguay Round of the GATT in 1994, patented drugs, and access to them, in the developing world have become major discussion points. Nowhere is the issue more important, than in Africa, the continent facing one of the worst health crises in history, and which is also the continent with the highest number of Least-Developed Countries (or LDCs) in the world.
Deeth Williams Wall https://www.dww.com/articles/international-trade-generic-drugs-and-developing-world

The Madrid Protocol: When will this European fashion arrive in North America and how does it suit you? The Madrid Protocol: When will this European fashion arrive in North America and how does it suit you?

Trademarks
December 24, 2001December 24, 20012015-07-08
© 2001, Deeth Williams Wall LLP. All Rights Reserved. By: Gervas W. Wall and Nicholas Whalen (Articling Student at the Firm) Table of Contents
Deeth Williams Wall https://www.dww.com/articles/madrid-protocol-when-will-european-fashion-arrive-north-america-and-how-does-it-suit-you

Developments in Information Technology Law Developments in Information Technology Law

Information Technology
November 24, 2001November 24, 20012015-09-23
© 2002, Deeth Williams Wall LLP. All Rights Reserved. By: Amy-Lynne Williams and Javad Heydary (November, 2001) Canada is one of the "most connected countries in the world" and it is estimated thatCanadian e-commerce will grow to over CND$150 billion ( £65 billion) by 2004. (Industry Canada: http://strategis.gc.ca)
Deeth Williams Wall https://www.dww.com/articles/developments-information-technology-law

WIPO Tackles Domain Name and Trademark Conflicts WIPO Tackles Domain Name and Trademark Conflicts

Domain Names
September 24, 2001September 24, 20012015-09-23
© 2001, 1999, Deeth Williams Wall LLP. All Rights Reserved.
Deeth Williams Wall https://www.dww.com/articles/wipo-tackles-domain-name-and-trademark-conflicts

Federal Government to Levy Blank CD-Rewritable Media Federal Government to Levy Blank CD-Rewritable Media

Copyright
September 24, 2001September 24, 20012015-09-23
© 2001, 1999, Deeth Williams Wall LLP. All Rights Reserved. By: Jennifer Jannuska As of January 1, 1999, businesses and individual consumers have had to pay a premium on all "blank audio recording media" purchased in Canada. "Blank audio recording media" includes CD-Rewritable media, used by many companies for data storage.
Deeth Williams Wall https://www.dww.com/articles/federal-government-to-levy-blank-cdrewritable-media

Canada Announces Cryptography Policy Canada Announces Cryptography Policy

Cybersecurity
September 23, 2001September 23, 20012015-07-08
© 2001, 1998, Deeth Williams Wall LLP. All Rights Reserved. By: Michael Erdle The Canadian Minister of Industry, John Manley, announced the official federal policy on cryptography on October 7, 1998, and at that time, outlined the six elements of his government's policy:
Deeth Williams Wall https://www.dww.com/articles/canada-announces-cryptography-policy

The Boilerplate: What does it Accomplish? The Boilerplate: What does it Accomplish?

Technology Contracting
December 24, 2000December 24, 20002015-07-08
© 2001, 2000, Deeth Williams Wall LLP. All Rights Reserved. By: Gervas W. Wall and Nicholas Whalen (Articling Student at the Firm) It has been said that every contract is made of two parts: the boilerplate and the important stuff i. For many lawyers, boilerplate has become the drafting equivalent of wallpaper -it looks nice, is always around, but after a while you don't notice it any more.
Deeth Williams Wall https://www.dww.com/articles/boilerplate-what-does-it-accomplish

Official Marks Official Marks

Trademarks
June 30, 2000June 30, 20002015-07-08
© 2001, 2000, Deeth Williams Wall LLP. All Rights Reserved. By: Shereen Hamdy Updated: on January 31, 2002 by Heather Watts (June 30, 2000) Introduction
Deeth Williams Wall https://www.dww.com/articles/official-marks

Online Contracts Enforceable in Canada Online Contracts Enforceable in Canada

Technology Contracting
June 30, 2000June 30, 20002015-07-08
© 2001, 2000, Deeth Williams Wall LLP. All Rights Reserved. By: Jennifer Jannuska (June 30, 2000) Rudder v. Microsoft Corp. [1999] Click-through agreements are enforceable in Canada. A 1999 decision of the Ontario Superior Court of Justice clarified what was an ambiguous legal position for Canadian e-commerce vendors and licensors.
Deeth Williams Wall https://www.dww.com/articles/online-contracts-enforceable-canada

everything you wanted to know about domain name purchase agreements.com everything you wanted to know about domain name purchase agreements.com

Domain Names
June 21, 2000June 21, 20002017-02-08
© 2000, Deeth Williams Wall LLP. All Rights Reserved. By: Amy-Lynne Williams and Ailbe Flynn (June 21, 2000) Background Domain names are now an important part of acquisitions, product launches, trade-mark policing and new businesses. Although domain names are registered for as little as $70.00 (or free in some cases), they are routinely sold for much more. Recent high profile sales include: 1
Deeth Williams Wall https://www.dww.com/articles/everything-you-wanted-to-know-about-domain-name-purchase-agreementscom

Triangular Chocolate Bars Confusing Triangular Chocolate Bars Confusing

Trademarks
December 24, 1999December 24, 19992015-07-08
© 2000, 1999, Deeth Williams Wall LLP. All Rights Reserved. By: Shereen Hamdy What is the proper test for confusion when deciding trade-mark infringement and passing off cases? Is it sufficient that consumers think that the two products come from the same source?. The Ontario Court in Kraft Jacobs Suchard (Schweiz) AG v Hagemeyer Canada Inc., [1998] O.J. No. 415, held that in determining the test for confusion it is enough that consumers think that the two products come from the same source.
Deeth Williams Wall https://www.dww.com/articles/triangular-chocolate-bars-confusing

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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