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

European Committee Publishes Proposed Amendments To Regulation On Artificial Intelligence European Committee Publishes Proposed Amendments To Regulation On Artificial Intelligence

Information Technology
March 22, 2022March 22, 20222022-03-23
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).
Deeth Williams Wall https://www.dww.com/articles/european-committee-publishes-proposed-amendments-to-regulation-on-artificial-intelligence

Federal Court of Canada Concludes That Trademark Consisting Of Line Of Latitude Is Unregistrable Federal Court of Canada Concludes That Trademark Consisting Of Line Of Latitude Is Unregistrable

Trademark and Copyright Litigation
March 22, 2022March 22, 20222022-03-23
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.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-concludes-trademark-consisting-of-line-of-latitude-unregistrable

President Biden Issues An Executive Order On Ensuring Responsible Development Of Digital Assets President Biden Issues An Executive Order On Ensuring Responsible Development Of Digital Assets

Information Technology
March 22, 2022March 22, 20222022-03-23
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.
Deeth Williams Wall https://www.dww.com/articles/president-biden-issues-an-executive-order-on-ensuring-responsible-development-of-digital

Federal Court Awards Compensatory & Punitive Damages On Summary Trial Relating To Counterfeit Lululemon Goods Federal Court Awards Compensatory & Punitive Damages On Summary Trial Relating To Counterfeit Lululemon G...

Trademark and Copyright Litigation
March 8, 2022March 8, 20222022-03-09
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.
Deeth Williams Wall https://www.dww.com/articles/federal-court-awards-compensatory-punitive-damages-on-summary-trial-relating-to

Ontario Government Proposes New Disclosure Requirement Regarding the Electronic Monitoring of Employees Ontario Government Proposes New Disclosure Requirement Regarding the Electronic Monitoring of Employees

Privacy
March 8, 2022March 8, 20222022-04-14
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.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-proposes-new-disclosure-requirement-regarding-electronic-monitoring-of

Ontario Superior Court of Justice Grants Interlocutory Injunction in “Bombay Frankie” Trademark Dispute Ontario Superior Court of Justice Grants Interlocutory Injunction in “Bombay Frankie” Trademark Dispute

Trademark and Copyright Litigation
March 8, 2022March 8, 20222022-03-09
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.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-grants-interlocutory-injunction-%E2%80%9Cbombay-frankie%E2%80%9D

US Supreme Court Evaluates Scope of Safe Harbor Provision For Mistakes Made During Copyright Registrations US Supreme Court Evaluates Scope of Safe Harbor Provision For Mistakes Made During Copyright Registration...

Trademark and Copyright Litigation
March 8, 2022March 8, 20222022-03-09
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.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-evaluates-scope-of-safe-harbor-provision-for-mistakes-made-during

Government of Ontario Launches New Intellectual Property Agency Government of Ontario Launches New Intellectual Property Agency

Intellectual Property
March 8, 2022March 8, 20222022-03-09
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”.
Deeth Williams Wall https://www.dww.com/articles/government-of-ontario-launches-new-intellectual-property-agency

June 17, 2022 Is Coming In Canada. Are You Ready? June 17, 2022 Is Coming In Canada. Are You Ready?

Trademarks
February 23, 2022February 23, 20222022-02-23
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?
Deeth Williams Wall https://www.dww.com/articles/june-17-2022-coming-canada-are-you-ready

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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