Office Of The Privacy Commissioner Of Canada Makes Key Recommendations For Reform Of The Federal Private Sector Privacy Legislation Office Of The Privacy Commissioner Of Canada Makes Key Recommendations For Reform Of The Federal Private ...

Privacy
May 18, 2022May 18, 20222022-05-18
On May 4, 2022, the Office of the Privacy Commissioner of Canada (OPC) released key recommendations aimed at the development of new legislation to replace the current private sector privacy regime under the Personal Information Protection and Electronic Documents Act (PIPEDA). These recommendations come nearly a year after the OPC published its submissions on the former federal Bill C-11, An Act to Implement the Digital Charter 2020 (as previously reported by the E-TIPS® Newsletter here). The federal government indicated its intention to introduce a new bill, as Bill C-11 died on the order paper due to the 2021 federal election call.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-makes-key-recommendations-for-reform-of-federal

Federal Court Of Canada Strikes Wiseau Studio’s Copyright Infringement Action, Finding Cause of Action Estoppel Federal Court Of Canada Strikes Wiseau Studio’s Copyright Infringement Action, Finding Cause of Action Es...

Trademark and Copyright Litigation
May 18, 2022May 18, 20222022-05-18
On April 20, 2022, the Federal Court of Canada (the Federal Court) issued its decision in Wiseau Studio, LLC v Harper, 2022 FC 568, finding that Wiseau Studio, LLC’s (the Plaintiff) action for copyright infringement was barred by the application of cause of action estoppel.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-strikes-wiseau-studio%E2%80%99s-copyright-infringement-action-finding

Canada’s Privacy Regulators Call For New Legal Framework To Govern Police Use Of Facial Recognition Technology Canada’s Privacy Regulators Call For New Legal Framework To Govern Police Use Of Facial Recognition Techn...

Privacy
May 18, 2022May 18, 20222022-05-18
On May 2, 2022, Canada’s privacy regulatory authorities (the Regulators) issued a joint statement calling for a legal framework that clearly establishes the acceptable circumstances for police to use facial recognition technology (FR).
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-privacy-regulators-call-for-new-legal-framework-to-govern-police-use-of-facial

US District Court Denies “MetaBirkin” NFT Artist’s Motion To Dismiss Hermès’ Trademark Infringement Claims US District Court Denies “MetaBirkin” NFT Artist’s Motion To Dismiss Hermès’ Trademark Infringement Claim...

Trademark and Copyright Litigation
May 18, 2022May 18, 20222022-05-18
On May 5, 2022, the US District Court for the Southern District of New York (the Court) in Hermes Int’l v Rothschild, S.D.N.Y., No. 1:22-cv-00384, issued a one-page order denying Mason Rothschild’s (the Defendant) motion to dismiss Hermès International and Hermès of Paris, Inc.’s (the Plaintiffs) amended complaint, which alleged that the Defendant’s “MetaBirkins” constituted trademark infringement.
Deeth Williams Wall https://www.dww.com/articles/us-district-court-denies-%E2%80%9Cmetabirkin%E2%80%9D-nft-artist%E2%80%99s-motion-to-dismiss-herm%C3%A8s%E2%80%99-trademark

Federal Court Of Canada Finds Munchkin Infringed Diaper Genie Patents Federal Court Of Canada Finds Munchkin Infringed Diaper Genie Patents

Patent Litigation
May 18, 2022May 18, 20222022-05-18
On April 7, 2022, in Angelcare Canada Inc v Munchkin Inc, 2022 FC 507, the Federal Court of Canada (the Court) held that the defendants, Munchkin, Inc. and Munchkin Baby Canada, Ltd (the Defendants) had infringed the Plaintiffs’ patents for a diaper disposal system sold under the Diaper Genie brand.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-munchkin-infringed-diaper-genie-patents

Federal Court Of Canada Expunges MILANO PIZZERIA Trademark For Failure To Demonstrate Sufficient Controlled Licensing Federal Court Of Canada Expunges MILANO PIZZERIA Trademark For Failure To Demonstrate Sufficient Controll...

Trademark and Copyright Litigation
May 4, 2022May 4, 20222022-05-04
On April 4, 2022, the Federal Court of Canada (the Court) in Milano Pizza Ltd. v 6034799 Canada Inc., 2022 FC 425, granted the Defendants’ counterclaim in part, ordering the expungement of the Plaintiff’s trademark registration due to non-distinctiveness as a result of insufficient controlled licensing of the trademark.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-expunges-milano-pizzeria-trademark-for-failure-to-demonstrate
Trademark and Copyright Litigation
May 4, 2022May 4, 20222022-05-04
On April 5, 2022, the Federal Court of Canada (the Court) released its decision in August Image LLC v AirG Inc., 2022 FC 470, dismissing August Image LLC’s (August) claim that it had exclusive rights to license certain photographs of Jennifer Lopez taken by celebrity photographer Joe Pugliese, and that airG Inc. (airG) infringed August’s copyright in the photographs by reproducing them without authorization on airG’s website.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-copyright-infringement-claim-finds-us-certificates-of

OSFI Releases its First Annual Risk Outlook Regarding the Risks Facing Canada’s Financial System OSFI Releases its First Annual Risk Outlook Regarding the Risks Facing Canada’s Financial System

Cybersecurity
May 4, 2022May 4, 20222022-05-04
On April 21, 2022, the Office of the Superintendent of Financial Institutions (OSFI) released its inaugural Annual Risk Outlook regarding the risks facing Canada’s financial system and its plans to address such risks.
Deeth Williams Wall https://www.dww.com/articles/osfi-releases-its-first-annual-risk-outlook-regarding-risks-facing-canada%E2%80%99s-financial

Federal Court Of Canada Strikes iSpring Water Systems’ APEC WATER Trademark From Register Federal Court Of Canada Strikes iSpring Water Systems’ APEC WATER Trademark From Register

Trademark and Copyright Litigation
May 4, 2022May 4, 20222022-05-04
On March 22, 2022, the Federal Court of Canada (the Court) issued its decision in Advanced Purification Engineering Corporation (APEC Water Systems) v iSpring Water Systems, LLC, 2022 FC 388, granting Advanced Purification Engineering Corporation’s (APEC) application to strike iSpring Water Systems, LLC’s (iSpring) APEC WATER trademark (Registration No. TMA969,157) from the register. The Court found that iSpring was not entitled to register the trademark, the trademark was not distinctive, iSpring had abandoned the trademark, and iSpring’s trademark application contained a material misstatement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-strikes-ispring-water-systems%E2%80%99-apec-water-trademark-from-register

European Parliament and Council Reach Digital Regulation First With Provisional Agreement On The Digital Services Act European Parliament and Council Reach Digital Regulation First With Provisional Agreement On The Digital ...

Information Technology
May 4, 2022May 4, 20222022-05-04
On April 23, 2022, the European Parliament and Council reached a provisional political agreement on the Digital Services Act (DSA). Based on the principle that what is illegal offline should be illegal online, the DSA imposes digital regulations with the goal of stopping the spread of illegal content and ensuring the protection of users’ rights.
Deeth Williams Wall https://www.dww.com/articles/european-parliament-and-council-reach-digital-regulation-first-provisional-agreement-on

New Pre-examination Of Canadian Trademark Applications New Pre-examination Of Canadian Trademark Applications

Trademarks
April 20, 2022April 20, 20222022-04-20
The Canadian Intellectual Property Office (CIPO) has recently started to conduct “pre-examination” of Canadian trademark applications awaiting examination. CIPO now subjects pending unexamined trademark applications to an automated analysis restricted to the description of goods and services.
Deeth Williams Wall https://www.dww.com/articles/new-preexamination-of-canadian-trademark-applications

Ontario Court Of Justice Sentences Cyber Criminal And Orders Restitution For Victims of NetWalker Ransomware Attacks Ontario Court Of Justice Sentences Cyber Criminal And Orders Restitution For Victims of NetWalker Ransomw...

Cybersecurity
April 20, 2022April 20, 20222022-04-22
In a recent decision of the Ontario Court of Justice (the Court) in R. v Vachon-Desjardins, 2022 ONCJ 43, the Court sentenced the defendant to seven years in prison for his criminal activities involving ransomware attacks using malware in association with the NetWalker group and ordered restitution payments to victims of these ransomware attacks. This case is one of the first judgements of its kind in Canada.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-justice-sentences-cyber-criminal-and-orders-restitution-for-victims-of

United States Securities And Exchange Commission Proposes New Cybersecurity Rules For Publicly Listed Companies United States Securities And Exchange Commission Proposes New Cybersecurity Rules For Publicly Listed Com...

Cybersecurity
April 20, 2022April 20, 20222022-04-20
On March 9, 2022, the United States Securities and Exchange Commission (SEC) announced proposed rules that will mandate public companies to comply with a series of disclosure requirements relating to their response to cybersecurity incidents and management of cyber risks.
Deeth Williams Wall https://www.dww.com/articles/united-states-securities-and-exchange-commission-proposes-new-cybersecurity-rules-for

Ontario Enacts Mandatory Disclosure Requirements For Electronic Monitoring Of Employees Ontario Enacts Mandatory Disclosure Requirements For Electronic Monitoring Of Employees

Privacy
April 20, 2022April 20, 20222022-04-20
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.
Deeth Williams Wall https://www.dww.com/articles/ontario-enacts-mandatory-disclosure-requirements-for-electronic-monitoring-of-employees

Federal Court Of Canada Finds Brewery Bell Marks Confusing Federal Court Of Canada Finds Brewery Bell Marks Confusing

Trademark and Copyright Litigation
April 6, 2022April 6, 20222022-04-06
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.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-brewery-bell-marks-confusing

Ontario Divisional Court Dismisses Appeal For Class Action Certification Against Facebook Ontario Divisional Court Dismisses Appeal For Class Action Certification Against Facebook

Privacy
April 6, 2022April 6, 20222022-04-06
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).
Deeth Williams Wall https://www.dww.com/articles/ontario-divisional-court-dismisses-appeal-for-class-action-certification-against-facebook

Federal Court of Canada Dismisses Apple’s Bifurcation Motion in Patent Infringement Dispute Federal Court of Canada Dismisses Apple’s Bifurcation Motion in Patent Infringement Dispute

Patent Litigation
April 6, 2022April 6, 20222022-04-06
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.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-apple%E2%80%99s-bifurcation-motion-patent-infringement-dispute

British Columbia’s Provincial Regulator Determines that Federal Political Parties are Subject to British Columbia’s Privacy Law British Columbia’s Provincial Regulator Determines that Federal Political Parties are Subject to British ...

Privacy
April 6, 2022April 6, 20222022-04-06
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.
Deeth Williams Wall https://www.dww.com/articles/british-columbia%E2%80%99s-provincial-regulator-determines-federal-political-parties-are-subject

EU and US Announce New Deal On Trans-Atlantic Data Privacy Framework EU and US Announce New Deal On Trans-Atlantic Data Privacy Framework

Privacy
April 6, 2022April 6, 20222022-04-06
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.
Deeth Williams Wall https://www.dww.com/articles/eu-and-us-announce-new-deal-on-transatlantic-data-privacy-framework

Federal Court Of Canada Dismisses Summary Judgment Motion In Patent Infringement Action Involving Parallel US Proceeding Federal Court Of Canada Dismisses Summary Judgment Motion In Patent Infringement Action Involving Paralle...

Patent Litigation
March 22, 2022March 22, 20222022-03-23
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.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-summary-judgment-motion-patent-infringement-action

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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