The Buck(s) Stops Here: EU General Court Halts COFFEE ROCKS Trademark Bid The Buck(s) Stops Here: EU General Court Halts COFFEE ROCKS Trademark Bid

Trademark
February 21, 2018February 21, 20182018-02-22
In Starbucks Corp v EUIPO & Nersesyan
Deeth Williams Wall http://www.dww.com/articles/bucks-stops-here-eu-general-court-halts-coffee-rocks-trademark-bid

AI in Law: Helping lawyers to be more efficient and creative AI in Law: Helping lawyers to be more efficient and creative

Intellectual Property
February 9, 2018February 9, 20182018-02-09
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 Wall http://www.dww.com/articles/ai-law-helping-lawyers-to-be-more-efficient-and-creative

Canadian Patent Appeal Board Rejects Delivery Notice System as Unpatentable Subject Matter Canadian Patent Appeal Board Rejects Delivery Notice System as Unpatentable Subject Matter

Patent
February 7, 2018February 7, 20182018-02-07
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 Wall http://www.dww.com/articles/canadian-patent-appeal-board-rejects-delivery-notice-system-as-unpatentable-subject-matter

Graphical User Interface Menu Structure Found to be Patent-Eligible Subject Matter in US Graphical User Interface Menu Structure Found to be Patent-Eligible Subject Matter in US

Patent
February 7, 2018February 7, 20182018-02-07
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 Wall http://www.dww.com/articles/graphical-user-interface-menu-structure-found-to-be-patenteligible-subject-matter-us

OPC Publishes Draft Policy: Search Engines Must De-Index Personal Information Upon Successful Privacy Challenges OPC Publishes Draft Policy: Search Engines Must De-Index Personal Information Upon Successful Privacy Cha...

Privacy
February 7, 2018February 7, 20182018-02-07
On January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) published the Draft OPC Position on Online Reputation (the Draft Policy).
Deeth Williams Wall http://www.dww.com/articles/opc-publishes-draft-policy-search-engines-must-deindex-personal-information-upon

Distinctiveness Test in Trademark Opposition Not the Same Distinctiveness Test for Passing Off Distinctiveness Test in Trademark Opposition Not the Same Distinctiveness Test for Passing Off

Trademark
February 7, 2018February 7, 20182018-02-07
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 Wall http://www.dww.com/articles/distinctiveness-test-trademark-opposition-not-same-distinctiveness-test-for-passing-off

Federal Court Finds that Export of Goods Insufficient to Show Use under Trade-marks Act Federal Court Finds that Export of Goods Insufficient to Show Use under Trade-marks Act

Trademark
February 7, 2018February 7, 20182018-02-07
On January 23, 2018, the Federal Court allowed an appeal of an order of the Registrar in Riches, McKenzie & Herbert LLP v Cosmetic Warriors Limited (2018 FC 68).
Deeth Williams Wall http://www.dww.com/articles/federal-court-finds-export-of-goods-insufficient-to-show-use-under-trademarks-act

Canadian Intellectual Property Office and European Patent Office Extend Patent Prosecution Highway Canadian Intellectual Property Office and European Patent Office Extend Patent Prosecution Highway

Patent
January 24, 2018January 24, 20182018-01-24
The Canadian Intellectual Property Office (CIPO) has extended its Patent Prosecution Highway (PPH) pilot agreement with the European Patent Office (EPO) for three years, until January 5, 2021. The PPH program between CIPO and the EPO serves to fast-track patent applications in one country when a patent has been granted in the other.
Deeth Williams Wall http://www.dww.com/articles/canadian-intellectual-property-office-and-european-patent-office-extend-patent-prosecution

Canadian Intellectual Property Office Releases 2017 IP Canada Report Canadian Intellectual Property Office Releases 2017 IP Canada Report

Intellectual Property
January 24, 2018January 24, 20182018-01-24
The Canadian Intellectual Property Office (CIPO) has released its 2017 IP Canada Report (the Report), detailing various trends in IP filing activities in Canada and abroad.
Deeth Williams Wall http://www.dww.com/articles/canadian-intellectual-property-office-releases-2017-ip-canada-report

First Wave of Litigation Under the Amended PM(NOC) Regulations First Wave of Litigation Under the Amended PM(NOC) Regulations

Pharmaceutical Patent Litigation
January 24, 2018January 24, 20182018-01-24
We previously reported that amendments to the Patented Medicines Notice of Compliance Regulations (PM(NOC) Regulations) came
Deeth Williams Wall http://www.dww.com/articles/first-wave-of-litigation-under-amended-pmnoc-regulations

Canadian Fracturing Patent Not Infringed and Invalid Due to Prior Disclosure and Obviousness Canadian Fracturing Patent Not Infringed and Invalid Due to Prior Disclosure and Obviousness

Patent Litigation
January 24, 2018January 24, 20182018-01-24
On December 6, 2017, in Packers Plus Energy Services Inc v Essential Energy Services Ltd, 2017 FC 111, the Federal Court of Canada held that Packers Plus Energy Services’ (Packers) Canadian Patent No
Deeth Williams Wall http://www.dww.com/articles/canadian-fracturing-patent-not-infringed-and-invalid-due-to-prior-disclosure-and

Vancouver Career College Denied Leave to Appeal Trademark Decision to the Supreme Court of Canada Vancouver Career College Denied Leave to Appeal Trademark Decision to the Supreme Court of Canada

Trademark
January 24, 2018January 24, 20182018-01-24
On January 18, 2018, the Supreme Court of Canada denied Vancouver Career College leave to appeal in Vancouver Community College v Vancouver Career College (Burnaby), 2017 BCCA 41 (previously reported in the
Deeth Williams Wall http://www.dww.com/articles/vancouver-career-college-denied-leave-to-appeal-trademark-decision-to-supreme-court-of

Australia’s WTO Challenge to the Sale of Wine in Grocery Stores in Canada Australia’s WTO Challenge to the Sale of Wine in Grocery Stores in Canada

Food and Drug
January 24, 2018January 24, 20182018-01-24
On January 12, 2018, the Australian delegation to the World Trade Organization (WTO) requested consultations regarding the sale of wine in grocery stores in Canada.
Deeth Williams Wall http://www.dww.com/articles/australia%E2%80%99s-wto-challenge-to-sale-of-wine-grocery-stores-canada

DWW Listed In Top Ten IP Boutiques For 2018 By Canadian Lawyer Magazine DWW Listed In Top Ten IP Boutiques For 2018 By Canadian Lawyer Magazine

Intellectual Property
January 24, 2018January 24, 20182018-01-24
Deeth Williams Wall LLP has been listed by Canadian Lawyer Magazine as one of the Top Ten IP Boutiques for 2018.  The complete list of Canadian Lawyer Magazine top ranked IP boutiques firms is available online here:   http://www.canadianlawyermag.com/author/mallory-hendry/the-need-for-ip-15134/
Deeth Williams Wall http://www.dww.com/articles/dww-listed-top-ten-ip-boutiques-for-2018-by-canadian-lawyer-magazine

E-TIPS® Newsletter’s “2017: Year in Review” E-TIPS® Newsletter’s “2017: Year in Review”

Intellectual Property
January 10, 2018January 10, 20182018-01-10
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2018!
Deeth Williams Wall http://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2017-year-review%E2%80%9D

Canada Publishes Proposed Amendments to Regulations on Prices of Patented Medicines Canada Publishes Proposed Amendments to Regulations on Prices of Patented Medicines

Pharmaceutical Patent Litigation
December 14, 2017December 14, 20172017-12-13
On December 2, 2017, the Government of Canada published Regulations Amending the Patented Medicines Regulations (Proposed Amendments) to include new price regulatory factors that will help enable the Patented Medicine Prices Review Board (PMPRB) to protect Canadian consumers from excessive prices.
Deeth Williams Wall http://www.dww.com/articles/canada-publishes-proposed-amendments-to-regulations-on-prices-of-patented-medicines

Update: Keatley Surveying Seeks Leave to Appeal to Supreme Court of Canada Update: Keatley Surveying Seeks Leave to Appeal to Supreme Court of Canada

Trademark and Copyright Litigation
December 14, 2017December 14, 20172017-12-13
On November 27, 2017, Keatley Surveying Ltd (Keatley) sought leave to appeal the decision in Keatley Surveying Ltd v Teranet Inc, 2017 ONCA 748 to the Supreme Court of Canada (SCC).
Deeth Williams Wall http://www.dww.com/articles/update-keatley-surveying-files-for-leave-to-appeal-to-supreme-court-of-canada

FCC to Vote on Repeal of Net Neutrality Rules FCC to Vote on Repeal of Net Neutrality Rules

Information Technology
December 14, 2017December 14, 20172017-12-14
UPDATE: On Thursday, December 14, 2017, the FCC voted to dismantle the Net Neutrality regulations that have been in place since 2015. Under the new regime, the FCC will no longer regulate high-speed internet delivery as a Title II designation under the Communication Act. 
Deeth Williams Wall http://www.dww.com/articles/fcc-to-vote-on-repeal-of-net-neutrality-rules

R v Marakah: SCC Defends Reasonable Expectation of Privacy in Text Messages R v Marakah: SCC Defends Reasonable Expectation of Privacy in Text Messages

Privacy
December 14, 2017December 14, 20172017-12-13
On December 8, 2017, the Supreme Court of Canada (SCC) found that text messages that have been sent and received can, in some cases, attract a reasonable expectation of privacy according to s.
Deeth Williams Wall http://www.dww.com/articles/r-v-marakah-scc-defends-reasonable-expectation-of-privacy-text-messages