Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use

Trademark
February 6, 2019February 6, 20192019-02-06
On January 17, 2019, the Federal Court of Appeal (FCA) published its decision in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd (2019 FCA 10), dismissing the appeal of Sadhu Singh Hamdard Tr
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-holds-distinctiveness-can-only-be-acquired-by-use-canada-not

OSFI Releases Advisory on New Technology and Incident Reporting Requirements OSFI Releases Advisory on New Technology and Incident Reporting Requirements

Information Technology
February 6, 2019February 6, 20192019-02-06
On January 24, 2019, the Office of the Superintendent of Financial Institutions (OSFI) released a Technology and Cybersecurity Incident Reporting Advisory (Advisory) that creates new incident reporting obligations applicable to all FRFIs, effective as of March 31, 2019.
Deeth Williams Wall https://www.dww.com/articles/osfi-releases-advisory-on-new-technology-and-incident-reporting-requirements

Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation

Regulatory Law
January 23, 2019January 23, 20192019-01-23
On December 22, 2018, Regulations Amending the Cannabis Regulations (New Classes of Cannabis) and 
Deeth Williams Wall https://www.dww.com/articles/proposed-regulations-on-cannabis-edibles-extracts-and-topicals-published-for-consultation

Football Player's Trademark Application Denied Due to False Connection Football Player's Trademark Application Denied Due to False Connection

Trademark
January 23, 2019January 23, 20192019-01-23
As previously reported in the E-TIPS® Newsletter, Miami Dolphins defensive b
Deeth Williams Wall https://www.dww.com/articles/football-players-trademark-application-denied-due-to-false-connection

Roots Attempts to Strike CABIN FEVER & Design Trademark Roots Attempts to Strike CABIN FEVER & Design Trademark

Trademark
January 23, 2019January 23, 20192019-01-23
On January 8, 2019, the Federal Court of Canada (Court) issued its decision in Roots Corporation v YM Inc (Sales), (2019 FC 16) dismissi
Deeth Williams Wall https://www.dww.com/articles/roots-attempts-to-strike-cabin-fever-design-trademark

California Judge Rules Law Enforcement Can’t Force Biometric Use to Unlock Phones California Judge Rules Law Enforcement Can’t Force Biometric Use to Unlock Phones

Privacy
January 23, 2019January 23, 20192019-01-23
On January 10, 2019, Judge Kandis Westmore of the United States District Court for the Northern District of California (Court) ruled that law enforcement agencies can’t compel suspects to unlock their smartphones using biometric
Deeth Williams Wall https://www.dww.com/articles/california-judge-rules-law-enforcement-can%E2%80%99t-force-biometric-use-to-unlock-phones

Privacy Breach Class Action Against Bankruptcy Trustee Fails Privacy Breach Class Action Against Bankruptcy Trustee Fails

Privacy
January 23, 2019January 23, 20192019-01-23
On December 27, 2018, in Netlink Computer Inc (Re), (2018 BCSC 2309) the Supreme Court of British Columbia (Court) dismissed an application for leave to sue a trustee in bankruptcy for the alleged impro
Deeth Williams Wall https://www.dww.com/articles/privacy-breach-class-action-against-bankruptcy-trustee-fails

Bill C-86 Receives Royal Assent - Makes Substantial Changes to the Patent Act Bill C-86 Receives Royal Assent - Makes Substantial Changes to the Patent Act

Patent
January 23, 2019January 23, 20192019-01-23
On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, received royal assent.  Though a budget implementation bill, it, among other things, amends the
Deeth Williams Wall https://www.dww.com/articles/bill-c86-receives-royal-assent-makes-substantial-changes-to-patent-act

E-TIPS® Newsletter’s “2018: Year in Review” E-TIPS® Newsletter’s “2018: Year in Review”

Intellectual Property
January 21, 2019January 21, 20192019-01-21
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2019!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2018 covering developments in IP and IT law, under the following categories: (1) “Legislative, Treaty and Policy Developments”, (2) “Supreme Court of Canada Matters”, (3) “Patents”, (4) “Trademarks”,
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2018-year-review%E2%80%9D

Rapper Files Copyright Claim for Infringing Signature Dance Moves Rapper Files Copyright Claim for Infringing Signature Dance Moves

Copyright
December 12, 2018December 12, 20182018-12-12
On December 5, 2018, New York rapper, 2 Milly, filed a claim for copyright infringement alleging that video game creator,
Deeth Williams Wall https://www.dww.com/articles/rapper-files-copyright-claim-for-infringing-signature-dance-moves

Privacy Commissioner of Canada Expresses Opinion on National Digital and Data Consultations Privacy Commissioner of Canada Expresses Opinion on National Digital and Data Consultations

Privacy
December 12, 2018December 12, 20182018-12-12
On December 5, 2018, the Privacy Commissioner of Canada (Commissioner) released a letter to the Minister of Innovation, Science and Economic Development offering his views on the Government of Canada’s National Digital and Data Consultations.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-expresses-opinion-on-national-digital-and-data

Ontario to Enhance Privacy Rights in Consumer Protection Act Ontario to Enhance Privacy Rights in Consumer Protection Act

Privacy
December 12, 2018December 12, 20182018-12-12
On November 29, 2018, Bill 55, Safeguarding our Information Act, 2018, passed second reading in the Ontario legislature.
Deeth Williams Wall https://www.dww.com/articles/ontario-to-enhance-privacy-rights-consumer-protection-act

New Patent Rules Published For Consultation New Patent Rules Published For Consultation

Patent
December 12, 2018December 12, 20182018-12-12
On December 1, 2018, the Government of Canada published its proposed amendments to the Patent Rules (the Proposed Rules) for consultation.  The Proposed Rules implement legislative amendments to the
Deeth Williams Wall https://www.dww.com/articles/new-patent-rules-published-for-consultation

EDPR Issues Draft Guidelines Relating to the Territorial Scope of the GDPR EDPR Issues Draft Guidelines Relating to the Territorial Scope of the GDPR

Privacy
December 12, 2018December 12, 20182018-12-12
On November 23, 2018, the European Data Protection Board (EDPB) issued draft guidelines (Guidelines) relating to the territorial scope of the GDPR.
Deeth Williams Wall https://www.dww.com/articles/edpr-issues-draft-guidelines-relating-to-territorial-scope-of-gdpr

Marriott Hotel Chain Subject to Data Breach Affecting Up To Half a Billion People Marriott Hotel Chain Subject to Data Breach Affecting Up To Half a Billion People

Privacy
December 12, 2018December 12, 20182018-12-12
On November 30, 2018, Marriott International Inc (Marriott) disclosed that approximately 500 million guests who stayed at Starwood hotel properties (which Marriott acquired in 2015) between 2014 and 2018 may have had their personal information compromised.  Starwood hotel properties include prominent brands such as W hotels, St.
Deeth Williams Wall https://www.dww.com/articles/marriott-hotel-chain-subject-to-data-breach-affecting-up-to-half-a-billion-people

Competition Bureau Invites Feedback on Draft Intellectual Property Enforcement Guidelines Competition Bureau Invites Feedback on Draft Intellectual Property Enforcement Guidelines

Intellectual Property
November 28, 2018November 28, 20182018-11-28
On November 1, 2018, the Competition Bureau (the Bureau) published a draft version of its revised Intellectual Property Enforcement Guidelines (IPEGs).
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-invites-feedback-on-draft-intellectual-property-enforcement-guidelines

Canada’s New Trademark Law Set to Come Into Force June 17, 2019 Canada’s New Trademark Law Set to Come Into Force June 17, 2019

Trademark
November 28, 2018November 28, 20182018-11-28
On November 14, 2018, the Government of Canada announced that amendments to the Trademarks Act and Regulations are set to come into force on June 17, 2019 (Order in Council,
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-new-trademark-law-set-to-come-into-force-june-17-2019

Ontario Court of Appeal Opens the Door to Re-Litigating the Validity of Invalidated Patents Ontario Court of Appeal Opens the Door to Re-Litigating the Validity of Invalidated Patents

Patent Litigation
November 28, 2018November 28, 20182018-11-28
On November 8, 2018, in Apotex Inc v Schering Corporation (2018 ONCA 890), the Court of Appeal for Ontario (Court) allowed Schering and S
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-opens-door-to-relitigating-validity-of-invalidated-patents