E-TIPS

As a follow-up to our earlier E-TIPS® article on Bill 88, on April 11, 2022, Bill 88, Working for Workers Act, 2022 received Royal Assent. As a result, Ontario is the first province to require employers to disclose its electronic monitoring practices to employees.

In a recent decision of the Federal Court of Canada (the Court) in Blyth Cowbells Brewing Inc. v Bellwoods Brewery Inc., 2022 FC 248, the Court dismissed an appeal from a decision of the Trademarks Opposition Board (TMOB), in which the TMOB refused a trademark application for a Cowbell Mark on the basis of confusion with a registered Bell Design for brewery goods and services.

On March 1, 2022, the Ontario Divisional Court (the Court) issued its decision in Simpson v Facebook, Inc., 2022 ONSC 1284, dismissing an appeal from an order denying certification of a class proceeding against Facebook, Inc. and Facebook Canada LTD. (collectively, Facebook). The proposed class proceeding relates to a privacy incident in which the personal information of Facebook users was improperly shared with Cambridge Analytica Group (Cambridge Analytica).

On February 28, 2022, the Federal Court of Canada (the Court) issued its decision in Wi-Lan Inc. v Apple Canada Inc., 2022 FC 276, dismissing Apple Canada Inc.’s and Apple Inc.’s (collectively, Apple) motion to bifurcate the trial in a patent infringement action.

On March 1, 2022, the Office of the Information & Privacy Commissioner for British Columbia (OIPC) in Conservative Party of Canada (Re), 2022 BCIPC 13, found that British Columbia’s Personal Information Protection Act (PIPA) applies to federal political parties.

On March 25, 2022, the European Commission (EC) and the United States (US) announced reaching a new deal in principle on cross-border data flows. The new deal is aimed to establish a legal mechanism, referred to as the Trans-Atlantic Data Privacy Framework, for European Union (EU) personal data transfers to the US. It is intended to replace the EU-US Privacy Shield invalidated by the Court of Justice of the European Union in July 2020, as previously reported by the E-TIPS® Newsletter here.

On December 22, 2021, the Federal Court of Canada (the Court) in Google LLC v Sonos, Inc., 2021 FC 1462 (released earlier this month), dismissed Sonos, Inc.’s (Sonos) motion for summary judgment that relied on a voluntary dismissal of a parallel patent infringement action in the United States (US). The Court held that Sonos had failed to establish that there was no genuine issue for trial in Canada.

On February 28, 2022, the European Committee of the Regions (ECR) published its recommendations for amendments to the European Commission’s proposal (the Draft Regulation) for a regulation laying down harmonised rules on artificial intelligence (AI).

On February 22, 2022, the Federal Court of Canada (the Court) issued its decision in Nia Wine Group Co., Ltd. v North 42 Degrees Estate Winery Inc., 2022 FC 241, in which it held that “place of origin” under section 12(1)(b) of the Trademarks Act (the Act) can include a line of latitude.

On March 9, 2022, President Joe Biden signed an executive order (the Order), that outlined the United States government’s strategy regarding the regulation of digital assets, such as cryptocurrencies.

On February 14, 2022, the Federal Court of Canada (the Court) issued its decision in Lululemon Athletica Canada Inc. v Campbell, 2022 FC 194. In its decision, the Court noted that the evidence of infringement was “overwhelming”, granted a motion for summary trial brought by Lululemon Athletica Canada Inc. (Lululemon) and awarded compensatory damages, punitive damages, and an injunction.

On February 28, 2022, the Ontario legislature introduced Bill 88, Working for Workers Act, 2022 (Bill 88). If passed, Bill 88 will, among other changes, require employers to have a written electronic monitoring policy in place.

On February 10, 2022, the Ontario Superior Court of Justice (the Court) in 2788610 Ontario Inc. v Bhagwani et al., 2022 ONSC 905, issued an interlocutory injunction prohibiting Hemant Bhagwani, Fatima Bhagwani, 1727799 Ontario Inc. and Bombay Frankie Inc. (collectively, the Defendants), from using the term “Bombay Frankie” as the name of any restaurant or franchising business, social media account, or website.

On February 24, 2022, the Supreme Court of the United States (SCOTUS) issued its decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L. P., Case No. 20-915, holding that a lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under 17 U.S.C. § 411(b)(1)(A), the safe harbor provision of the US Copyright Act.

On March 3, 2022, the Government of Ontario announced the launch of a new board-governed agency, Intellectual Property Ontario. The new agency is meant to serve as a go-to resource of intellectual property (IP) expertise “to help researchers and companies maximize the value of their IP, strengthen their capacity to grow and compete in the global market”.

June 17, 2022 is a significant day in Canadian trademark practice. Why? That day is the third anniversary of the coming into force of significant amendments to Canada’s Trademarks Act. Why should you care?

On January 17, 2022, the Ontario Superior Court of Justice (the Court) in Winder v Marriott International, Inc., 2022 ONSC 390, found no legally viable cause of action for intrusion upon seclusion against Marriott International Inc., Luxury Hotels International of Canada ULC and Starwood Canada ULC (collectively, Marriott) since it was not an intruder for the purposes of the tort of intrusion upon seclusion recognized in Jones v Tsige, 2012 ONCA 32.

On February 3, 2022, the Federal Court of Canada (the Court) issued its decision in UBS Group AG v Yones, 2022 FC 132, granting default judgement and finding that Unified Business Solutions Group Inc. (Unified) had infringed UBS Group AG’s trademark rights.

On January 27, 2022, the Supreme Court of British Columbia (the Court) issued its decision in Chow v Facebook, Inc., 2022 BCSC 137 (Chow), declining to certify a class action lawsuit against Facebook.

On February 2, 2022, the Federal Court of Canada (the Court) released its decision in 1196278 Ontario Inc DBA Sassafraz v 815470 Ontario Ltd DBA Sassafras Coastal Kitchen & Bar, 2022 FC 116. In that decision, the Court granted declaratory and injunctive relief, and nominal damages, for trademark infringement and depreciation of goodwill of the registered trademark SASSAFRAZ.