How Old Are You Really? Canadian Privacy Commissioner Issues Statement On Common Approach To Age Assurance How Old Are You Really? Canadian Privacy Commissioner Issues Statement On Common Approach To Age Assuran...

Privacy
October 2, 2024October 2, 20242024-10-02
On September 19, 2024, the Office of the Privacy Commissioner of Canada (OPC) issued a Joint Statement on a Common International Approach to Age Assurance (the Joint Statement), joining other global regulators in moving towards a more common international approach to the data protection and privacy implications of age assurance methods.
Deeth Williams Wall https://www.dww.com/articles/how-old-are-you-really-canadian-privacy-commissioner-issues-statement-on-common-approach

Federal Court Dismisses Application To Invalidate Geox’s AMPHIBIOX Trademark Federal Court Dismisses Application To Invalidate Geox’s AMPHIBIOX Trademark

Trademark and Copyright Litigation
October 2, 2024October 2, 20242024-10-02
On September 13, 2024, the Federal Court of Canada (the Court) in Giuseppe De Luca v Geox S.P.A., 2024 FC 1441, dismissed Mr. De Luca’s (the Applicant) application to invalidate Geox S.P.A.’s (the Respondent) trademark AMPHIBIOX.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-application-to-invalidate-geox%E2%80%99s-amphibiox-trademark

Hopes For A First Ever Global Treaty For AI Hopes For A First Ever Global Treaty For AI

Information Technology
October 2, 2024October 2, 20242024-10-02
On September 5, 2024, the Council of Europe (COE) opened for signature the first ever global treaty on artificial intelligence (AI), entitled Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (the Treaty).
Deeth Williams Wall https://www.dww.com/articles/hopes-for-a-first-ever-global-treaty-for-ai

Federal Court Sees Through Patent Infringement Action For Window Displays Federal Court Sees Through Patent Infringement Action For Window Displays

Patent Litigation
October 2, 2024October 2, 20242024-10-02
On August 14, 2024, the Federal Court of Canada (the Court) released its decision in Molo Design, Ltd. v Chanel Canada ULC, 2024 FC 1260, dismissing Molo Design, Ltd.’s (the Plaintiff) patent infringement action against Chanel Canada ULC, Procédés Chénel SARL, and Chanel SAS (collectively, the Defendants), and granting the Defendants’ counterclaim for patent invalidity in part.
Deeth Williams Wall https://www.dww.com/articles/federal-court-sees-through-patent-infringement-action-for-window-displays

Facebook Breached Canada’s Privacy Laws Says Federal Court Of Appeal Facebook Breached Canada’s Privacy Laws Says Federal Court Of Appeal

Privacy
September 18, 2024September 18, 20242024-09-18
On September 9, 2024, the Federal Court of Appeal of Canada (FCA) in Privacy Commissioner of Canada v. Facebook Inc., 2024 FCA 140, unanimously held that Facebook Inc. (Facebook) breached Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) between 2013 and 2015 by failing to obtain meaningful consent from its users and to appropriately safeguard users’ personal information.
Deeth Williams Wall https://www.dww.com/articles/facebook-breached-canada%E2%80%99s-privacy-laws-says-federal-court-of-appeal

Federal Court Of Appeal Upholds Lower Court Decision Finding No Patent Owner In Infringement Action Federal Court Of Appeal Upholds Lower Court Decision Finding No Patent Owner In Infringement Action

Patents
September 18, 2024September 18, 20242024-09-18
On August 15, 2024, the Federal Court of Appeal (the FCA) released its decision in Mud Engineering Inc. v Secure Energy Services Inc., 2024 FCA 131, dismissing Mud Engineering Inc. and An-Ming (Victor) Wu’s (collectively, the Appellants’) appeal from a Federal Court of Canada’s decision denying their motion for a declaration of patent ownership along with their related patent infringement action.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-lower-court-decision-finding-no-patent-owner-infringement

No Reasonable Expectation Of Privacy In Vehicle Black Box Data In Ontario No Reasonable Expectation Of Privacy In Vehicle Black Box Data In Ontario

Information Technology
September 18, 2024September 18, 20242024-09-18
On August 16, 2024, the Court of Appeal for Ontario (the Court) issued its decision in R. v Attard, 2024 ONCA 616, finding that there is no reasonable expectation of privacy in a vehicle’s Event Data Recorder (EDR) data.
Deeth Williams Wall https://www.dww.com/articles/no-reasonable-expectation-of-privacy-vehicle-black-box-data-ontario

Federal Court Says No To Converting Trademark Infringement Claim From Application To Action Federal Court Says No To Converting Trademark Infringement Claim From Application To Action

Trademark and Copyright Litigation
September 18, 2024September 18, 20242024-09-18
On September 9, 2024, in iFit Inc v Safe Sweat Fitness Ltd., 2024 FC 1406, the Federal Court of Canada (the Court) dismissed a motion by iFit Inc. et al. (the Applicants) for an order converting their application into an action.
Deeth Williams Wall https://www.dww.com/articles/federal-court-says-no-to-converting-trademark-infringement-claim-from-application-to

Principles For Awarding Remedies For Patent Infringement Clarified By Federal Court Of Appeal Principles For Awarding Remedies For Patent Infringement Clarified By Federal Court Of Appeal

Patent Litigation
September 4, 2024September 4, 20242024-09-04
On August 6, 2024, the Federal Court of Appeal of Canada (the Court) in Rovi Guides, Inc. v Videotron Ltd., 2024 FCA 125, upheld the lower court’s judgement finding that Rovi Guides Inc.’s (Rovi) patents relating to interactive television program guide (IPG) technology were invalid. The Court also reviewed the principles for awarding remedies for patent infringement and commented, in obiter, as to the remedies Rovi would have been entitled to if its patents were found valid and infringed.
Deeth Williams Wall https://www.dww.com/articles/principles-for-awarding-remedies-for-patent-infringement-clarified-by-federal-court-of

Weedkiller: Infringement Upheld For Sales Before Patent For Selective Herbicide Expires Weedkiller: Infringement Upheld For Sales Before Patent For Selective Herbicide Expires

Patent Litigation
September 4, 2024September 4, 20242024-09-04
On August 19, 2024, the Federal Court of Appeal of Canada (the Court) released its decision in Agracity Crop v Upl Na Inc, 2024 FCA 133, dismissing Agracity Crop & Nutrition Ltd.’s (Agracity) appeal of the lower court’s decision finding that it had infringed Canadian Patent No. 2,346,021 (the 021 Patent).
Deeth Williams Wall https://www.dww.com/articles/weedkiller-infringement-upheld-for-sales-before-patent-for-selective-herbicide-expires

Hands Across The Information Border: OPC And FCC Sign Information-Sharing And Enforcement Cooperation Agreement Hands Across The Information Border: OPC And FCC Sign Information-Sharing And Enforcement Cooperation Agr...

Privacy
September 4, 2024September 4, 20242024-09-04
On August 28, 2024, the Office of the Privacy Commissioner of Canada (OPC) announced the signing of a Memorandum of Understanding (MOU) with the U.S. Federal Communications Commission (FCC) to strengthen mutual assistance and the exchange of information for the purpose of enforcing compliance and sharing expertise with respect to applicable laws.
Deeth Williams Wall https://www.dww.com/articles/hands-across-information-border-opc-and-fcc-sign-informationsharing-and-enforcement

“SMOOTH” Move: Federal Court Saves Trademark Registrations From Summary Cancellation Based On New Evidence “SMOOTH” Move: Federal Court Saves Trademark Registrations From Summary Cancellation Based On New Evidenc...

Trademark and Copyright Litigation
September 4, 2024September 4, 20242024-09-04
On August 15, 2024, the Federal Court of Canada (the Court) issued its decision in Smooth Payment Inc. v Klarna Bank Ab, 2024 FC 1274, allowing Smooth Payment Inc.’s (SPI) application in part in its appeal of four summary cancellation decisions made pursuant to section 45 of the Trademarks Act.
Deeth Williams Wall https://www.dww.com/articles/%E2%80%9Csmooth%E2%80%9D-move-federal-court-saves-trademark-registrations-from-summary-cancellation-based

JAMP Brings Landmark Abuse Of Dominance Application Against Janssen Under Amended Competition Act JAMP Brings Landmark Abuse Of Dominance Application Against Janssen Under Amended Competition Act

Litigation
August 20, 2024August 20, 20242024-08-20
On July 26, 2024, JAMP Pharma Corporation (JAMP) filed an application to Canada’s Competition Tribunal (Tribunal) against Janssen Inc. (Janssen) relating to an abuse of dominance allegation with respect to Janssen’s biologic drug Stelara, an ustekinumab drug product for the treatment of certain autoimmune diseases.
Deeth Williams Wall https://www.dww.com/articles/jamp-brings-landmark-abuse-of-dominance-application-against-janssen-under-amended

YouTubers’ Class Action Doesn’t Hit the “Like” Button Against OpenAI YouTubers’ Class Action Doesn’t Hit the “Like” Button Against OpenAI

Information Technology
August 20, 2024August 20, 20242024-08-20
On August 2, 2024, David Millette (the Plaintiff) filed, individually and on behalf of a proposed class of YouTube users and video creators, a class action complaint against OpenAI, Inc. and related entities (collectively, OpenAI) in Millette v OpenAI, Inc. et al, 3:24-cv-04710. The Plaintiff’s complaint pertains to the alleged non-consensual transcription of class members’ YouTube videos by OpenAI to train their artificial intelligence (AI) software products.
Deeth Williams Wall https://www.dww.com/articles/youtubers%E2%80%99-class-action-doesn%E2%80%99t-hit-%E2%80%9Clike%E2%80%9D-button-against-openai

Alberta Court Finds Doctrine Of Patent Exhaustion Applies To Real Estate Alberta Court Finds Doctrine Of Patent Exhaustion Applies To Real Estate

Patents
August 20, 2024August 20, 20242024-08-20
On July 26, 2024, the Court of King’s Bench of Alberta (the Court) released its decision in Bank of Montreal v 2093924 Ontario Inc, 2024 ABKB 457, finding that the doctrine of patent exhaustion prevented 1643434 Alberta Ltd. (164) from blocking the sale of its former property (the Wash Factory) to a competitor, Klair Group Industries Ltd. (Klair).
Deeth Williams Wall https://www.dww.com/articles/alberta-court-finds-doctrine-of-patent-exhaustion-applies-to-real-estate

Raise A Snifter And Listen To The Music: U.S. Court Mulls COGNAC And Hip-Hop Raise A Snifter And Listen To The Music: U.S. Court Mulls COGNAC And Hip-Hop

Trademark and Copyright Litigation
August 20, 2024August 20, 20242024-08-20
On August 6, 2024, in Bureau National Interprofessionnel Du Cognac v Cologne & Cognac Entertainment, Case No. 23-1100, the United States Court of Appeals for the Federal Circuit (the Court) vacated a decision of the United States Patent and Trademark Office Trademark Trial and Appeal Board (the Board). The Board had previously determined that there was no likelihood of confusion between the certification mark COGNAC and a trademark application for a design including the words COLOGNE & COGNAC ENTERTAINMENT Design (the Mark) for hip-hop music and production services.
Deeth Williams Wall https://www.dww.com/articles/raise-a-snifter-and-listen-to-music-us-court-mulls-cognac-and-hiphop

They Shoot, They Score! Sports Broadcasting Entities Obtain Dynamic Site Blocking Order To Prevent Unauthorized Live Streams They Shoot, They Score! Sports Broadcasting Entities Obtain Dynamic Site Blocking Order To Prevent Unauth...

Trademark and Copyright Litigation
August 7, 2024August 7, 20242024-08-07
On July 9, 2024, the Federal Court of Canada (the Court), in Rogers Media Inc. v John Doe 1, 2024 FC 1082, issued a dynamic site blocking Order requiring (i) the unauthorized streaming services (the Unknown Respondents) to cease providing unauthorized streams of National Hockey League (NHL) games, National Basketball Association (NBA) games, and Premier League football matches, and (ii) certain internet service providers (the Third Party Respondents) to block or attempt to block access to streaming servers that provide unauthorized access to these live sporting events.
Deeth Williams Wall https://www.dww.com/articles/they-shoot-they-score-sports-broadcasting-entities-obtain-dynamic-site-blocking-order-to

$27 Million Damage Award For Copyright Infringement Of Turkish Television Programming $27 Million Damage Award For Copyright Infringement Of Turkish Television Programming

Trademark and Copyright Litigation
August 7, 2024August 7, 20242024-08-07
On July 18, 2024, the Federal Court of Canada (the Court) released its decision in Demirören TV Radyo Yayincilik Yapimcilik A.Ş. v General Entertainment and Music Inc., 2024 FC 1127, finding that one of Türkiye’s largest broadcasters, Demirören TV Radyo Yayincilik Yapimcilik A.Ş. (the Plaintiff), owns copyright in its various episodes of original television programming (the Programs) and that General Entertainment and Music Inc. (the Defendant) infringed its copyright in certain Programs.
Deeth Williams Wall https://www.dww.com/articles/27-million-damage-award-for-copyright-infringement-of-turkish-television-programming

That’s Just Not Cricket. Artificial Neural Network Not Patentable In UK That’s Just Not Cricket. Artificial Neural Network Not Patentable In UK

Patents
August 7, 2024August 7, 20242024-08-07
On July 19, 2024, the England and Wales Court of Appeal (the Court) released its decision in Comptroller General of Patents, Designs and Trade Marks v Emotional Perception AI Ltd, [2024] EWCA Civ 825, finding that a trained artificial neural network (ANN) is unpatentable pursuant to the “program for a computer” subject matter exclusion under section 1(2)(c) of the United Kingdom (UK) Patents Act 1977 (the Act).
Deeth Williams Wall https://www.dww.com/articles/%E2%80%99s-just-not-cricket-artificial-neural-network-not-patentable-uk

Quel Dommage! Federal Court Awards Significant Damages For Counterfeit Louis Vuitton Merch Quel Dommage! Federal Court Awards Significant Damages For Counterfeit Louis Vuitton Merch

Trademark and Copyright Litigation
August 7, 2024August 7, 20242024-08-07
On July 23, 2024, the Federal Court of Canada (the Court) issued its decision in Louis Vuitton Malletier S.A. v Torf, 2024 FC 1152, finding certain defendants liable for violations of Canada’s Trademarks Act and Copyright Act deriving from the sale of counterfeit Louis Vuitton merchandise.
Deeth Williams Wall https://www.dww.com/articles/quel-dommage-federal-court-awards-significant-damages-for-counterfeit-louis-vuitton-merch

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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