Indigenous Culture versus IP Rights: Ever, or Never, the Twain Shall Meet? Presentation Indigenous Culture versus IP Rights: Ever, or Never, the Twain Shall Meet? Presentation

Intellectual Property
October 23, 2020October 23, 20202020-10-23
Presentation by Gary Daniel of Deeth Williams Wall LLP and Madam Justice Fuhrer of the Federal Court of Canada exploring the philosophical conflicts between Indigenous culture and 21st-century intellectual property laws, their implications for the domestic and international protection of IP rights in the digital age and an overview of how laws in Canada and abroad are dealing with these issues.
Deeth Williams Wall https://www.dww.com/articles/indigenous-culture-versus-ip-rights-ever-or-never-twain-shall-meet-presentation

Online Education Platform, OneClass, Reaches Agreement over Alleged Violations of Canada Anti-Spam Legislation Online Education Platform, OneClass, Reaches Agreement over Alleged Violations of Canada Anti-Spam Legisl...

CASL
October 21, 2020October 21, 20202020-10-21
On September 30, 2020, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it has reached an agreement with Notesolution Inc. (OneClass) regarding alleged violations of Canada’s Anti-spam Legislation (CASL).
Deeth Williams Wall https://www.dww.com/articles/online-education-platform-oneclass-reaches-agreement-over-alleged-violations-of-canada

USPTO Publishes a Report on Artificial Intelligence and Intellectual Property Policy USPTO Publishes a Report on Artificial Intelligence and Intellectual Property Policy

Intellectual Property
October 21, 2020October 21, 20202020-10-21
On October 6, 2020, the United States Patent and Trademark Office (USPTO) published its report entitled Public Views on Artificial Intelligence and Intellectual Property Policy (the Report) addressing the impact of artificial intelligence (AI) technology across the intellectual property (IP) landscape. The Report summarizes nearly 200 submissions received by the USPTO in response to two requests for comments soliciting public input on (i) patenting AI-based inventions; and (ii) other IP protections for AI technology, namely copyright, trademark, database protections, and trade secret law.
Deeth Williams Wall https://www.dww.com/articles/uspto-publishes-a-report-on-artificial-intelligence-and-intellectual-property-policy

Canadian Privacy Commissioner Opens Investigation into Cyberattacks on Canada Revenue Agency and other Federal Organizations Canadian Privacy Commissioner Opens Investigation into Cyberattacks on Canada Revenue Agency and other Fe...

Privacy
October 21, 2020October 21, 20202020-10-21
On October 13, 2020, the Office of the Privacy Commissioner of Canada (the OPC) announced it had launched investigations into recent cyber security incidents targeting Government of Canada organizations including, the Canada Revenue Agency (as reported previously by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-commissioner-opens-investigation-into-cyberattacks-on-canada-revenue

US Court of Appeals Finds that Stick-Shaped Cookie is Not Eligible for Trade Dress Protection US Court of Appeals Finds that Stick-Shaped Cookie is Not Eligible for Trade Dress Protection

Trademark and Copyright Litigation
October 21, 2020October 21, 20202020-10-21
On October 8, 2020, the US Court of Appeals for the Third Circuit (the Court) released its decision in Ezaki Glico Kabushiki Kaisha v Lotte International America Corp, No. 19-3010 (3d Cir. 2020), in which it upheld the decision of the District Court finding that the "Pocky" stick-shaped cookie design was functional and therefore not eligible for trade dress protection.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-finds-stickshaped-cookie-not-eligible-for-trade-dress-protection

Pandemic Highlights Urgency of Privacy Law Reform in Canadian Privacy Commissioner's Annual Report Pandemic Highlights Urgency of Privacy Law Reform in Canadian Privacy Commissioner's Annual Report

Privacy
October 21, 2020October 21, 20202020-10-21
The Office of the Privacy Commissioner of Canada (OPC) published its 2019-2020 Annual Report to Parliament (the Annual Report) on the Privacy Act and Personal Information Protection and Electronic Documents Act. In addition to providing statistical information, descriptions of business and government advisory work, and summaries of investigations, the Annual Report also discusses how the COVID-19 pandemic is raising important new privacy issues.
Deeth Williams Wall https://www.dww.com/articles/pandemic-highlights-urgency-of-privacy-law-reform-canadian-privacy-commissioners-annual

Shopify Notifies Office of Privacy Commissioner of Canada About Customer Data Breach Resulting From Actions of Two "Rogue" Employees Shopify Notifies Office of Privacy Commissioner of Canada About Customer Data Breach Resulting From Actio...

Privacy
October 7, 2020October 7, 20202020-10-07
On September 23, 2020, Canadian e-commerce company Shopify Inc. (Shopify) announced that, in accordance with its obligations under the Personal Information Protection and Electronic Documents Act (PIPEDA), it had notified the Office of the Privacy Commissioner of Canada (the OPC) about a security incident carried out by two "rogue" employees.
Deeth Williams Wall https://www.dww.com/articles/shopify-notifies-office-of-privacy-commissioner-of-canada-about-customer-data-breach

Federal Court of Appeal of Canada Upholds Largest Canadian Patent Infringement Award Federal Court of Appeal of Canada Upholds Largest Canadian Patent Infringement Award

Patent Litigation
October 7, 2020October 7, 20202020-10-07
In July of 2017, the Federal Court of Canada granted the largest damages award in Canadian history for patent infringement on the basis of an accounting of profits in Dow Chemical Company v Nova Chemical Corporation, 2017 FC 637, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-upholds-largest-canadian-patent-infringement-award

Privacy Commissioner of Canada Appears before Quebec Committee Regarding Bill 64 Privacy Commissioner of Canada Appears before Quebec Committee Regarding Bill 64

Privacy
October 7, 2020October 7, 20202020-10-07
On September 24, 2020, the Privacy Commissioner of Canada (the Commissioner) appeared before the Committee on Institutions of the National Assembly of Quebec to discuss Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (the Bill). The Bill was introduced on June 12, 2020, and proposes a number of provisions to protect personal information in the private and public sectors, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-appears-before-quebec-committee-regarding-bill-64

Evel Knievel’s Son Sues Disney Over “Toy Story 4” Character Evel Knievel’s Son Sues Disney Over “Toy Story 4” Character

Trademark and Copyright Litigation
October 7, 2020October 7, 20202020-10-07
On September 22, 2020, Evel Knievel’s son, Kelly Knievel, brought a federal infringement lawsuit against Disney and Pixar in the Nevada District Court, alleging that the filmmakers unlawfully based the Toy Story 4 character, Duke Caboom, on Evel Knievel.
Deeth Williams Wall https://www.dww.com/articles/evel-knievel%E2%80%99s-son-sues-disney-over-%E2%80%9Ctoy-story-4%E2%80%9D-character

EUIPO Declares Banksy’s ‘Flower Thrower’ Trademark was Filed in Bad Faith and is Invalid EUIPO Declares Banksy’s ‘Flower Thrower’ Trademark was Filed in Bad Faith and is Invalid

Trademark and Copyright Litigation
October 7, 2020October 7, 20202020-10-07
On September 14, 2020, the EU Intellectual Property Office (EUIPO) held that Banksy’s trademark for the artwork ‘Flower Thrower’ (depicted at right) was filed in bad faith, and therefore is invalid.
Deeth Williams Wall https://www.dww.com/articles/euipo-declares-banksy%E2%80%99s-%E2%80%98flower-thrower%E2%80%99-trademark-was-filed-bad-faith-and-invalid

Federal Court of Appeal Upholds Finding That Providing “Hotel Services” Does Not Require A “Bricks And Mortar” Hotel In Canada Federal Court of Appeal Upholds Finding That Providing “Hotel Services” Does Not Require A “Bricks And Mo...

Trademark and Copyright Litigation
September 23, 2020September 23, 20202020-09-23
On September 9, 2020, in Miller Thomson LLP v Hilton Worldwide Holding LLP, 2020 FCA 134, the Federal Court of Appeal of Canada (FCA) dismissed an appeal from the Federal Court (FC), finding that Hilton Worldwide Holding LLP (Hilton) had used its trademark WALDORF ASTORIA in association with “hotel services” in Canada, despite the fact that there was no “bricks and mortar” hotel under the name.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-finding-providing-%E2%80%9Chotel-services%E2%80%9D-does-not-require-a-

Federal Court of Appeal Decision Promotes Fair Pricing and Broader Access to High-Speed Internet in Canada Federal Court of Appeal Decision Promotes Fair Pricing and Broader Access to High-Speed Internet in Canad...

Regulatory Law
September 23, 2020September 23, 20202020-09-24
On September 10, 2020, in Bell Canada v. British Columbia Broadband Association, 2020 FCA 140, the Federal Court of Appeal of Canada (the Court) dismissed an appeal brought by large cable and telephone companies against the Canadian Radio-television and Telecommunications Commission’s (CRTC)’s Telecom Order CRTC 2019-288 (TO 2019-288) in relation to the rates these companies charge smaller companies for use of their networks.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-decision-promotes-fair-pricing-and-broader-access-to-highspeed

Google Subject to Multibillion-dollar UK Lawsuit Alleging Improper Tracking of Children's Activity on YouTube Google Subject to Multibillion-dollar UK Lawsuit Alleging Improper Tracking of Children's Activity on You...

Privacy
September 23, 2020September 23, 20202020-09-23
On September 14, 2020, Alphabet Inc., the parent company of Google and YouTube, was subject to a representative action in the United Kingdom alleging that video-streaming service YouTube "routinely" tracks children's activity online without parental consent. The claimants, consisting of over five million British children and their parents, are seeking over 2.5 billion pounds (over CA$4.2B) in compensation total from the tech conglomerate.
Deeth Williams Wall https://www.dww.com/articles/google-subject-to-multibilliondollar-uk-lawsuit-alleging-improper-tracking-of-childrens

US Court of Appeals Considers the “Asserted Truths” Doctrine in Finding No Copyright Infringement involving the Jersey Boys Musical US Court of Appeals Considers the “Asserted Truths” Doctrine in Finding No Copyright Infringement involvi...

Trademark and Copyright Litigation
September 23, 2020September 23, 20202020-09-23
On September 8, 2020, the United States Court of Appeals for the Ninth Circuit (the Court) released its decision in Corbello v Valli, No. 17-16337, affirming the district court’s judgment that the musical Jersey Boys (the Play) did not infringe the copyright in the unpublished nonfiction autobiography of The Four Seasons band member Tommy DeVito (the Work).
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-considers-%E2%80%9Casserted-truths%E2%80%9D-doctrine-finding-no-copyright-infringement

Privacy Commissioner of Canada Pens Op-Ed on the Need for Reform of Privacy During the COVID-19 Pandemic Privacy Commissioner of Canada Pens Op-Ed on the Need for Reform of Privacy During the COVID-19 Pandemic

Privacy
September 23, 2020September 23, 20202020-09-23
On September 8, 2020, an op-ed by the Privacy Commissioner of Canada, Daniel Therrien (the Commissioner), titled “The value of data, the values of privacy” was published in the Hill Times. The op-ed focused on the recent acceleration of digitization and other technological trends, such as telemedicine, in response to the COVID-19 pandemic.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-pens-oped-on-need-for-reform-of-privacy-during-covid19

Federal Court of Canada Rejects CIPO’s “Problem-Solution Approach” to Claim Construction Federal Court of Canada Rejects CIPO’s “Problem-Solution Approach” to Claim Construction

Patent Litigation
September 9, 2020September 9, 20202020-09-09
On August 21, 2020 in Choueifaty v Canada (Attorney General), 2020 FC 837, the Federal Court of Canada (the Court) considered an appeal from a decision of the Canadian Intellectual Property Office (CIPO) refusing a patent application as not being directed to patent-eligible subject matter.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-rejects-cipo%E2%80%99s-%E2%80%9Cproblemsolution-approach%E2%80%9D-to-claim-construction

Federal Court of Canada Awards Statutory and Punitive Damages for Copyright Infringement Federal Court of Canada Awards Statutory and Punitive Damages for Copyright Infringement

Trademark and Copyright Litigation
September 9, 2020September 9, 20202020-09-09
On July 24, 2020, in Rallysport Direct LLC v 2424508 Ontario Ltd, 2020 FC 794, the Federal Court of Canada (the Court) awarded Rallysport Direct LLC (RSD) statutory and punitive damages against the defendants for copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-statutory-and-punitive-damages-for-copyright-infringement

Office of Privacy Commissioner of Canada Publishes Privacy Guidance on Internet of Things Devices for Manufacturers and Canadians Office of Privacy Commissioner of Canada Publishes Privacy Guidance on Internet of Things Devices for Man...

Privacy
September 9, 2020September 9, 20202020-09-09
On August 20, 2020, the Office of the Privacy Commissioner of Canada (the Office) published an announcement detailing privacy guidance on the Internet of Things (IoT) to assist manufacturers in the development of smart devices that comply with federal privacy laws and respect privacy rights, and to provide advice for Canadians on how to protect their personal information while utilizing smart devices.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-publishes-privacy-guidance-on-internet-of-things

Federal Court of Appeal of Canada Dismisses Motion to Stay the Judgment Issued in the First Judicial Review Under the New CSP Regime Federal Court of Appeal of Canada Dismisses Motion to Stay the Judgment Issued in the First Judicial Revi...

Patent
September 9, 2020September 9, 20202020-09-09
On August 31, 2020, in Canada (Health) v Glaxosmithkline Biologicals SA, 2020 FCA 135, the Federal Court of Appeal of Canada (the Court) dismissed a motion by the Minister of Health (the Minister) to stay the judgement of the Federal Court issued on April 7, 2020 (2020 FC 397) until the appeal is determined.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-motion-to-stay-judgment-issued-first-judicial

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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