Supreme Court of Canada Dismisses Applications for Leave to Appeal Milestone Data Breach Class Action Cases Supreme Court of Canada Dismisses Applications for Leave to Appeal Milestone Data Breach Class Action Cas...

Privacy
July 27, 2023July 27, 20232023-07-27
On July 13, 2023, the Supreme Court of Canada (SCC) dismissed applications for leave to appeal from a trilogy of judgments issued by the Ontario Court of Appeal (ONCA): Owsianik v Equifax Canada Co., et al., 2022 ONCA 813 (SCC File No. 40577) (Owsianik); Obodo v Trans Union of Canada, Inc., 2022 ONCA 814 (SCC File No. 40555); and Winder v Marriott International, Inc., et al., 2022 ONCA 815 (SCC File No. 40573).
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-dismisses-applications-for-leave-to-appeal-milestone-data-breach

Enforcement Of California Privacy Rights Regulations Delayed Until 2024 Enforcement Of California Privacy Rights Regulations Delayed Until 2024

Privacy
July 27, 2023July 27, 20232023-07-27
On June 30, 2023, The California Superior Court of Sacramento County (the Court), in California Chamber of Commerce v California Privacy Protection Agency, No. 34-2023-80004106-CU-WM-GDS (Cal. Super. June 30, 2023) (minute order), granted the Chamber of Commerce’s Writ of Mandate in part, which delayed enforcement of the first set of regulations implemented under the California Privacy Rights Act of 2020 (CPRA) from July 1, 2023, to March 29, 2024. The Court also mandated a one-year grace period between the adoption of future CPRA regulations and their regulatory enforcement.
Deeth Williams Wall https://www.dww.com/articles/enforcement-of-california-privacy-rights-regulations-delayed-until-2024

Federal Court of Canada Awards Punitive And Compensatory Damages For Patent Infringement Of Rapid Cooling Cells Federal Court of Canada Awards Punitive And Compensatory Damages For Patent Infringement Of Rapid Cooling...

Patent Litigation
July 27, 2023July 27, 20232023-07-27
On July 6, 2023, the Federal Court of Canada (the Court) issued its decision in Fromfroid S.A. v 1048547 Ontario Inc, 2023 FC 925, granting the plaintiff’s (Fromfroid’s) action against the defendants, 1048547 Ontario Inc. (Skotidakis) and Frimasco Inc. (Frimasco), for infringement of Canadian Patent No 2,301,753 (the 753 patent).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-punitive-and-compensatory-damages-for-patent-infringement

US Court Grants Hermès Permanent Injunction Against “MetaBirkin” NFT Artist US Court Grants Hermès Permanent Injunction Against “MetaBirkin” NFT Artist

Trademark and Copyright Litigation
July 12, 2023July 12, 20232023-07-12
On June 23, 2023, in Hermès International, et al. v Rothschild, S.D.N.Y., No. 1:22-cv-00384, the US District Court for the Southern District of New York (the Court) granted Hermès International and Hermès of Paris, Inc. (collectively, Hermès) a permanent injunction against digital artist Mason Rothschild (legal name, Sonny Estival). The case is notable as it is one of the first to apply trademark law to non-fungible tokens (NFTs).
Deeth Williams Wall https://www.dww.com/articles/us-court-grants-herm%C3%A8s-permanent-injunction-against-%E2%80%9Cmetabirkin%E2%80%9D-nft-artist

G7 Data Protection And Privacy Authorities Release Joint Statement On Generative AI And Communiqué For Relevant Global Issues G7 Data Protection And Privacy Authorities Release Joint Statement On Generative AI And Communiqué For Re...

Privacy
July 12, 2023July 12, 20232023-07-12
On June 21, 2023, the Privacy Commissioner of Canada met with fellow members of the G7 data protection and privacy authorities (collectively, the DPAs) to discuss global privacy issues and enforcement cooperation. Based on these discussions, the DPAs released a joint statement (the Statement) on generative artificial intelligence (AI) technologies and a communiqué (the Communiqué) that addresses key issues currently occupying the group’s focus.
Deeth Williams Wall https://www.dww.com/articles/g7-data-protection-and-privacy-authorities-release-joint-statement-on-generative-ai-and

Federal Court Of Canada Refuses To Certify Reverse Class Action Once Again In File-Sharing Copyright Infringement Case Federal Court Of Canada Refuses To Certify Reverse Class Action Once Again In File-Sharing Copyright Infr...

Trademark and Copyright Litigation
July 12, 2023July 12, 20232023-07-12
On June 26, 2023, the Federal Court of Canada (the Court) issued its decision in Voltage Pictures, LLC v Salna, 2023 FC 893, refusing to certify a reverse class action proceeding for the second time in relation to a claim for file-sharing copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-refuses-to-certify-reverse-class-action-once-again-filesharing

Saskatchewan Court Rules That The Use Of A “Thumbs-Up” Emoji Can Signify Acceptance Of A Contract Saskatchewan Court Rules That The Use Of A “Thumbs-Up” Emoji Can Signify Acceptance Of A Contract

Information Technology
July 12, 2023July 12, 20232023-07-12
On June 8, 2023, the King’s Bench for Saskatchewan (the Court) in South West Terminal Ltd v Achter Land & Cattle Ltd, 2023 SKKB 116, ruled that the “thumbs-up” emoji sent via text was a valid form of acceptance of a contract, ordering over $82,000 in damages for breach of contract.
Deeth Williams Wall https://www.dww.com/articles/saskatchewan-court-rules-use-of-a-%E2%80%9Cthumbsup%E2%80%9D-emoji-can-signify-acceptance-of-a-contract

Office Of The Information And Privacy Commissioner Of Ontario Releases 2022 Annual Report And Urges Province To Implement AI Framework Office Of The Information And Privacy Commissioner Of Ontario Releases 2022 Annual Report And Urges Provi...

Privacy
June 28, 2023June 28, 20232023-06-28
On June 7, 2023, the Office of the Information and Privacy Commissioner of Ontario (IPC) released its 2022 annual report, The Vision of a Modern and Effective Regulator (the Report), where it included among its recommendations, a call for the Ontario government to implement a robust framework to govern the use of artificial intelligence (AI) technologies.
Deeth Williams Wall https://www.dww.com/articles/office-of-information-and-privacy-commissioner-of-ontario-releases-2022-annual-report-and

Canadian IP Fees To Increase By 25% On January 1, 2024 Canadian IP Fees To Increase By 25% On January 1, 2024

Intellectual Property
June 28, 2023June 28, 20232023-06-28
On June 21, 2023, amendments to the patent, trademark, and industrial design regulations were published in the Canada Gazette. The amendments increase most Canadian Intellectual Property Office (CIPO) fees by 25% over the original 2024 fee amounts, and are set to come into force on January 1, 2024. This represents the first comprehensive fee increase since 2004.
Deeth Williams Wall https://www.dww.com/articles/canadian-ip-fees-to-increase-by-25-on-january-1-2024

Federal Court Of Appeal Dismisses Eli Lilly’s Appeal, Upholding Lower Court Decision That Canadian Patent No. 2,371,684 Is Invalid For Obviousness Federal Court Of Appeal Dismisses Eli Lilly’s Appeal, Upholding Lower Court Decision That Canadian Patent...

Pharmaceutical Patent Litigation
June 28, 2023June 28, 20232023-06-28
On June 2, 2023, the Federal Court of Appeal (FCA) issued its decision in Eli Lilly Canada Inc. v Apotex Inc., 2023 FCA 125, dismissing an appeal relating to a decision of the Federal Court (FC) finding Canadian Patent No. 2,371,684 (the 684 Patent) invalid on the basis of obviousness and anticipation.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-eli-lilly%E2%80%99s-appeal-upholding-lower-court-decision

Federal Court of Canada Dismisses Copyright and Moral Rights Infringement Action For Poppy Dalmatian Puppy Federal Court of Canada Dismisses Copyright and Moral Rights Infringement Action For Poppy Dalmatian Pupp...

Trademark and Copyright Litigation
June 28, 2023June 28, 20232023-06-28
On May 29, 2023, the Federal Court of Canada (the Court) in French v The Royal Canadian Legion, 2023 FC 749, dismissed Leonard French’s (the Plaintiff’s) action for copyright and moral rights infringement relating to its copyright in a stuffed animal, due to the Defendant, the Royal Canadian Legion, being shielded by subsection 64(2) of the Copyright Act (the Act ).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-copyright-and-moral-rights-infringement-action-for-poppy

Office Of The Privacy Commissioner Of Canada Launches New Guidance On Workplace Privacy Office Of The Privacy Commissioner Of Canada Launches New Guidance On Workplace Privacy

Privacy
June 14, 2023June 14, 20232023-06-14
On May 29, 2023, the Office of the Privacy Commissioner of Canada (the OPC) published new guidance on workplace privacy for employers that are subject to federal privacy legislation.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-launches-new-guidance-on-workplace-privacy

Federal Court Of Canada Awards Statutory Damages For Retransmission Of Sports Channels Federal Court Of Canada Awards Statutory Damages For Retransmission Of Sports Channels

Trademark and Copyright Litigation
June 14, 2023June 14, 20232023-06-14
On May 26, 2023, the Federal Court of Canada (the Court) issued its decision in Vidéotron Ltée v Konek Technologies Inc., 2023 FC 741, in which the Court issued an injunction prohibiting the Defendants from retransmitting TVA Sports channels, and awarded statutory damages of $553,000.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-statutory-damages-for-retransmission-of-sports-channels

Office Of The Privacy Commissioner Of Canada Publishes Special Report On Pandemic-Related Investigations Office Of The Privacy Commissioner Of Canada Publishes Special Report On Pandemic-Related Investigations

Privacy
June 14, 2023June 14, 20232023-06-14
On May 30, 2023, the Office of the Privacy Commissioner of Canada (the OPC) announced that its Special Report on pandemic-related investigations (the Report) was tabled in Parliament. The Report details the OPC’s findings on several investigations and advisory initiatives that dealt with the federal government’s privacy practices during the COVID-19 pandemic.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-publishes-special-report-on-pandemicrelated

Federal Court Of Appeal Dismisses Appeal Relating To Patent Infringement, But Allows Appeal In Part For Patent Invalidity Federal Court Of Appeal Dismisses Appeal Relating To Patent Infringement, But Allows Appeal In Part For P...

Patent Litigation
June 14, 2023June 14, 20232023-06-14
On May 26, 2023, the Federal Court of Appeal (FCA) issued its decision in dTechs EPM Ltd. v British Columbia Hydro and Power Authority, 2023 FCA 115, dismissing an appeal by dTechs EPM Ltd (dTechs) regarding its action for patent infringement against BC Hydro and Power Authority (BC Hydro) and Awesense Wireless Inc. (Awesense), but allowing its appeal in part regarding the validity of its patent (the 087 Patent).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-relating-to-patent-infringement-but-allows-appeal

Office of the Privacy Commissioner of Canada Makes Recommendations on Bill C-27 Office of the Privacy Commissioner of Canada Makes Recommendations on Bill C-27

Privacy
May 31, 2023May 31, 20232023-05-31
On May 11, 2023, the Office of the Privacy Commissioner of Canada (OPC) announced that the Privacy Commissioner’s written submission on Bill C-27, the Digital Charter Implementation Act, 2022, was published by the House of Commons Standing Committee on Industry and Technology.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-makes-recommendations-on-bill-c27

SCOTUS Decides on Gonzalez v. Google LLC But Declines To Address Section 230 Immunity Concerning Online Service Providers SCOTUS Decides on Gonzalez v. Google LLC But Declines To Address Section 230 Immunity Concerning Online S...

Information Technology
May 31, 2023May 31, 20232023-05-31
On May 18, 2023, the United States Supreme Court (the Court) issued its decision in Gonzalez v. Google LLC (Case No. 21-1333), where it held that Google LLC (Google), as an online service provider, did not “aid and abet” ISIS terrorist attacks under section 2333 of the Anti-Terrorism Act (ATA) by allowing ISIS to use its platform. In deciding on the matter, the Court declined to address the Ninth Circuit’s application of section 230 of the Communications Decency Act.
Deeth Williams Wall https://www.dww.com/articles/scotus-decides-on-gonzalez-v-google-llc-but-declines-to-address-section-230-immunity

Federal Court Of Canada Dismisses IP Dispute Relating to BBQ Restaurants Federal Court Of Canada Dismisses IP Dispute Relating to BBQ Restaurants

Trademark and Copyright Litigation
May 31, 2023May 31, 20232023-05-31
On May 10, 2023, the Federal Court of Canada (the Court) issued its decision in Boubala v Khwaja, 2023 FC 658, in which the Court dismissed an application relating to a dispute between previous business partners and the operation of African charcoal barbecue restaurants in Ottawa, Ontario.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-ip-dispute-relating-to-bbq-restaurants

Federal Court Of Canada Dismisses Injunction Motion In Copyright Dispute Relating To Art Installation Federal Court Of Canada Dismisses Injunction Motion In Copyright Dispute Relating To Art Installation

Trademark and Copyright Litigation
May 31, 2023May 31, 20232023-06-01
On March 24, 2023, the Federal Court of Canada (the Court) issued its decision in Sheppard v C S Design Inc, 2023 FC 413, dismissing a motion for an interim injunction brought by Lola Sheppard, doing business as Lateral Office Mason White, (collectively, the Plaintiffs) in an action for copyright infringement relating to an art installation.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-injunction-motion-copyright-dispute-relating-to-art

Federal Court Of Appeal Of Canada Dismisses Milano Pizza’s Appeal On Trademark Infringement Action Federal Court Of Appeal Of Canada Dismisses Milano Pizza’s Appeal On Trademark Infringement Action

Trademark and Copyright Litigation
May 16, 2023May 16, 20232023-05-17
On April 27, 2023, the Federal Court of Appeal of Canada (FCA) issued its decision in Milano Pizza Ltd. v 6034799 Canada Inc., 2023 FCA 85, dismissing the Appellants’ application for an order overturning a decision from the Federal Court (FC) which dismissed the Appellants’ action for trademark infringement, passing off and depreciation of goodwill.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-milano-pizza%E2%80%99s-appeal-on-trademark

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