Recent Insights

Attorney Generals from 48 States, Washington DC and Puerto Rico Launch Antitrust Investigation of Google Attorney Generals from 48 States, Washington DC and Puerto Rico Launch Antitrust Investigation of Google

Information Technology
September 18, 2019September 18, 20192019-09-18
On September 9, 2019, attorney generals from 48 states, the District of Columbia and Puerto Rico announced an antitrust investigation of Google centred on whether the company has harmed competition and consumers in its search, advertising and other businesses.  Notably, California – where Google’s parent company Alphabet Inc. is headquartered – and Alabama are not participating in the probe. Texas Attorney General Ken Paxton stated that the investigation will begin with a probe into Google’s advertising and search dominance, but may expand into other practices of the tech giant.
Deeth Williams Wall https://www.dww.com/articles/attorney-generals-from-48-states-washington-dc-and-puerto-rico-launch-antitrust

US District Court Judge Allows Privacy Action Against Facebook to Proceed US District Court Judge Allows Privacy Action Against Facebook to Proceed

Privacy
September 18, 2019September 18, 20192019-09-18
On September 9, 2019, in In re Facebook Inc. Consumer Privacy User Profile Litigation, US District Court, Northern District of California, No 18-md-02843, a US district judge rejected Facebook Inc.’s arguments that its users did not have a legitimate privacy interest with respect to the information that is shared on the social media platform. In allowing the privacy action against Facebook Inc.
Deeth Williams Wall https://www.dww.com/articles/us-district-court-judge-allows-privacy-action-against-facebook-to-proceed

Ariana Grande Sues Forever 21 and Riley Rose for Using Her Likeness Without Consent Ariana Grande Sues Forever 21 and Riley Rose for Using Her Likeness Without Consent

Trademark and Copyright Litigation
September 18, 2019September 18, 20192019-09-18
On September 2, 2019, American popstar Ariana Grande (“Grande”) filed a lawsuit in US Federal Court against clothing company Forever 21 and its beauty brand, Riley Rose, for allegedly using her name, likeness and music for its own benefit without her permission.  The claim brought by Grande seeks 10 million USD in damages for copyright and trademark infringement, false endorsement, and violating her right of publicity. 
Deeth Williams Wall https://www.dww.com/articles/ariana-grande-sues-forever-21-and-riley-rose-for-using-her-likeness-without-consent

Federal Court Developing 2020-2025 Strategic Plan Federal Court Developing 2020-2025 Strategic Plan

Litigation
September 18, 2019September 18, 20192019-09-18
The Federal Court (“the Court”) is in the process of identifying priorities for its 2020-2025 Strategic Plan, as outlined in this consultation document.  The Court’s previous Strategic Plan from 2014-2019 can be found here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-developing-20202025-strategic-plan

Amendments to Canada’s Insolvency Laws Relating to IP Licensees Come Into Force November 1, 2019 Amendments to Canada’s Insolvency Laws Relating to IP Licensees Come Into Force November 1, 2019

Intellectual Property
September 18, 2019September 18, 20192019-09-18
On September 4, 2019, amendments to the Bankruptcy and Insolvency Act (“BIA”) and Companies’ Creditors Arrangement Act (“CCAA”) relating to intellectual property (“IP”) user rights were published in Canada Gazette, Part II and are now set to come into force on November 1, 2019. These changes were originally included in the Budget Implementation Act, 2018, No.
Deeth Williams Wall https://www.dww.com/articles/amendments-to-canada%E2%80%99s-insolvency-laws-relating-to-ip-licensees-come-into-force-november-1

Federal Court Expunges Travelway Trademarks Federal Court Expunges Travelway Trademarks

Trademark and Copyright Litigation
September 18, 2019September 18, 20192019-09-18
In Wenger SA v Travelway Group International Inc., 2019 FC 1104, the Federal Court of Canada (“FC”) struck Travelway Group International Inc.’s (“Travelway”) trademarks from the Trademarks Register.  The FC based its decision on the Federal Court of Appeal’s (”FCA”) holding that the Travelway marks were invalid given that the FCA found passing off had been established despite Travelway’s trademark registrations.
Deeth Williams Wall https://www.dww.com/articles/federal-court-expunges-travelway-trademarks

Events

May 17, 2019

Richard Austin will be moderating a panel titled “AI on the Case: The Legal and Ethical Issues of Using AI-powered Investigatory Tools for Criminal and Civil Matters” at ITECHLAW’s 2019 World Technology Law Conference in Boston.  The conference runs from May 15 to 17 and the conference agenda is available here.  

May 16, 2019

Data breaches are a constant threat in today’s digital world. The question is when, not if, your client is targeted. An organization’s true measure of resiliency from a cybersecurity attack is an effective response that limits unexpected variables. You have a crucial role to play in preparations.

October 30, 2018

Jennifer Davidson will be moderating a panel on Women in Technology at CAN-TECH's 22nd Annual Conference in Montreal on October 30th, 2018.

The conference brochure is available here.