On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced that it is revisiting its policy position on transborder dataflows under the Personal Information Protection and Electronic Documents Act (PIPEDA). The
Deeth Williams Wallhttps://www.dww.com/articles/opc-announces-consultation-on-transborder-dataflows
On April 2, 2019, in Seara Alimentos Ltd v Amira Enterprises Inc, 2019 FCA 63, the Federal Court of Appeal (FCA) dismissed an appeal by Seara from a decision of the Federal Court refusing registration of Seara’s trademarks.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-trademark-opposition-proceeding
On March 6, 2019, the Federal Court (Court) issued a decision in Tensar Technologies Ltd v Enviro-Pro Geosynthetics Ltd, 2019 FC 277, considering the validity and infringement of Canadian Patent 2,491,858 (the ‘858 Patent), owned by Tensar Technologies, Limited (Tensar). The Court found that the claims at issue were valid, but not infringed b
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-considers-validity-and-infringement-of-canadian-patent-2491858
On March 20, 2019, the European Union Competition Commission (Commission) found Google Inc (Google) in breach of antitrust rules for imposing restrictive clauses in contracts with websites that use Google AdSense to prevent Google’s rivals from placing their ads on th
Deeth Williams Wallhttps://www.dww.com/articles/eu-regulators-hits-google-another-multibillion-dollar-fine
On March 11, 2019, in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP, 2019 FCA 48, the Federal Court of Appeal (FCA) allowed an appeal from a judgment of the Federal Court that struck Cosmetic Warriors Ltd’s trademark LUSH from the register.
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-of-appeal-rules-profit-not-required-to-establish-use-%E2%80%9Cnormal-course-of-trade
On March 7, 2019, the Federal Court of Canada (Court) issued its decision in Canadian National Railway Company v BNSF Railway Company, 2019 FC 281, dismissing a motion on consent to issue a proposed protective
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-denies-motion-on-consent-to-grant-protective-order
On February 27, 2019, in Apotex Inc v Schering Corporation (2019 ONSC 1393), the Ontario Superior Court of Justice granted Schering and Sanofi-Aventis (collectively “Sanofi”) leave to bring a motion to strike Apotex’s pleadings dealing with the validity of
Deeth Williams Wallhttps://www.dww.com/articles/apotex-inc-v-schering-corp-saga-over-ramipril-drug-continues
On March 8, 2019, the United States Court of Appeals for the Federal Circuit (the Court) issued a decision in Personal Web Technologies, LLC, v Apple, Inc, reversing a decision of the Patent Trial and Appeal Board (Board) concluding that certain claims of U.S. Patent No 7,802,310 (the ’310 Patent) were obvious in view of U.S.
Deeth Williams Wallhttps://www.dww.com/articles/united-states-court-of-appeals-on-inherency
On March 11, 2019 the Internet of Things Cybersecurity Improvement Act of 2019 (the “Act”), a bill which would require minimum of security standards for any Internet of Things (IoT) devices purchased by the US federal government, was
Deeth Williams Wallhttps://www.dww.com/articles/internet-of-things-security-bill-introduced-us-house-and-senate
The United Kingdom House of Lords (the “House”) recently released a report suggesting the creation of a "Digital Authority" in an effort to regulate the technological world, most notably online giants. While the "Digital Authority" is not expected to replace the roles that organizations such as the UK Information Commissioner's Office play in the industry, it aims to collaborate with such organizations
Deeth Williams Wallhttps://www.dww.com/articles/uk-house-of-lords-releases-report-calling-for-digital-authority-to-regulate-technological
On March 4, 2019, the United States Supreme Court issued its decision in Fourth Estate Public Benefit Corp v Wall-Street.com, LLC, 586 US (2019) finding that a claim for copyright infringement cannot be filed until after the US Copyright Office has granted registrati
Deeth Williams Wallhttps://www.dww.com/articles/celebrities-to-dismiss-refile-their-copyright-infringement-claims-against-fortnite-game
With the recent success of Christian Louboutin enforcing their trademarked red-soled shoes, it seems like other companies are taking their chances on similar protection. Reginald Bendolph, a shoe company based out of Irvington, New Jersey, recently filed a trademark application on shoes with the sole painted green. The company cites that their fir
Deeth Williams Wallhttps://www.dww.com/articles/new-jersey-based-shoe-designer-seeks-protection-of-greensoled-shoes