On February 20, 2018, Bell Canada (Bell) received their latest victory in combatting alleged copyright infringement through the use of KODI media players loaded with software used to enable unauthorized access to copyrighted content (our E-TIPS® coverage of earlier decisions can be found here and
Deeth Williams Wallhttp://www.dww.com/articles/bell-canada-granted-interlocutory-injunction-against-operations-of-tvaddons-to-curb
On February 21, 2018, the Ontario Superior Court of Justice (Court) issued its decision in Randy River Inc v Mint Accessories Inc, (2018 ONSC 1215) granting judgment in favour of Randy River Inc (Randy River) for trademark infringement by Mint accessories In
Deeth Williams Wallhttp://www.dww.com/articles/ontario-superior-court-of-justice-grants-relief-for-infringement-of-mint-trademark
On February 10, 2018, Health Canada published proposed regulations in the Canada Gazette Part I that would make additional significant changes to food labelling in Canada (the Regulations Amending Certain Regulations Made Under the Food and Drugs Act, see
Deeth Williams Wallhttp://www.dww.com/articles/health-canada-releases-frontofpackage-regulations-for-consultation
On February 12, 2018, the Government of Canada published proposed Trademark Regulations (the Proposed Regulations) for consultation. The Proposed Regulations implement legislative amendments to the Trademarks Act passed in 2014 and 2015, which are not yet in force, and largely deal with compliance with the requirements of the Madrid Protocol, Singapore Treaty and Nice Agreement. The 30-day consultation period for the Proposed Regulations will end on
Deeth Williams Wallhttp://www.dww.com/articles/proposed-trademark-regulations-published-for-consultation-canada-gazette
According to a press release from Verbraucherzentrale Bundesverband (VZBV), on January 16, 2018, the Berlin Regional Court (the Court) ruled that several of Facebook Inc’s default privacy settings and certain provisions of its terms of service and privacy policies violated German consumer law. The written decision from the Court has yet to be released.
Deeth Williams Wallhttp://www.dww.com/articles/facebook-use-of-personal-information-found-to-be-violation-of-german-privacy-law
On February 9, 2018, Uber Technologies Inc. agreed to pay $245 million in shares to Waymo, a subsidiary of Alphabet Inc. The settlement announcement came just before the parties were to enter into the fifth day of a jury trial in San Francisco.
Deeth Williams Wallhttp://www.dww.com/articles/uber-settles-trade-secret-dispute-alphabet-subsidiary-waymo-for-245-million
On February 8, 2018, Canada’s Federal Court of Appeal (FCA) dismissed Teva Canada Limited’s consolidated appeals from a Federal Court (FC) decision ordering Teva to pay damages to Janssen Canada and Janssen US for infringement of Canadian Patent No 1,304,080 (the ‘080 Patent) claiming levofloxacin (Janssen’s LEVAQUIN®) (Teva Canada Limited v Janssen Inc,
Deeth Williams Wallhttp://www.dww.com/articles/federal-court-of-appeal-dismisses-teva%E2%80%99s-levofloxacin-patent-damages-appeals
On February 12, 2018, the United States District Court for the East District of New York (the Court) filed its judgment in Cohen v G&M Realty LP. The Court awarded 21 graffiti artists a total of $6.7 million in damages for violation of their rights under the Visual Artists’ Rights Act of 1990 (VARA). The defendants, Gerald Wolkoff and his real estate entities, owned warehouses known as the 5Pointz complex, on which the graffiti artists’ works were displayed.
Deeth Williams Wallhttp://www.dww.com/articles/us-district-court-awards-67-million-usd-damages-for-destruction-of-graffiti-murals
James Kosa, partner at Deeth Williams Wall LLP, and Andrew Arruda, CEO and co-founder of ROSS Intelligence were panelists at the Ontario Bar Association this week and discussed the benefits of AI and how it can help lawyers be more efficient and creative. An article by Alexia Kapralos of Canadian Lawyer Magazine about the presentation is available online
Deeth Williams Wallhttp://www.dww.com/articles/ai-law-helping-lawyers-to-be-more-efficient-and-creative
On December 14, 2017, the Canadian Patent Appeal Board (Board) in decision number 1436 regarding an application entitled “Delivery Notice and Method Using the Same” recommended that the application be refused on the basis that claimed invention is directed to non-statutory subject matter, is obvious, and is indefinite.
Deeth Williams Wallhttp://www.dww.com/articles/canadian-patent-appeal-board-rejects-delivery-notice-system-as-unpatentable-subject-matter
On January 25, 2018, in a 2:1 split decision, the US Federal Circuit released its decision in Core Wireless Licensing v LG Electronics Inc, affirming the decision of the United States District Court for the Eastern District of Texas.
Deeth Williams Wallhttp://www.dww.com/articles/graphical-user-interface-menu-structure-found-to-be-patenteligible-subject-matter-us
On January 17, 2018, the Federal Court (FC) dismissed the appeal of Sadhu Singh Hamdard Trust (Trust) from a decision of the Trade-marks Opposition Board (TMOB) refusing the Trust’s application to register the mark AJIT based on its use in association with printed publications and newspapers (Sadhu Singh Hamdard Trust v Navsun Holding
Deeth Williams Wallhttp://www.dww.com/articles/distinctiveness-test-trademark-opposition-not-same-distinctiveness-test-for-passing-off