US Court Rules in Favour of Nike on Ownership of the “Klaw” Logo US Court Rules in Favour of Nike on Ownership of the “Klaw” Logo

Trademark and Copyright Litigation
June 3, 2020June 3, 20202020-06-03
On May 18, 2020, the Oregon District Court (the Court) released its decision in Leonard v Nike, Inc (Case No. 3:19-cv-01586-MO), holding that Nike, Inc (Nike) owns the “Klaw” Logo (Logo) and the right to register copyright in the Logo.
Deeth Williams Wall https://www.dww.com/articles/us-court-rules-favour-of-nike-on-ownership-of-%E2%80%9Cklaw%E2%80%9D-logo

U.S. Surveillance Reform Threatens Privacy Protections Around Americans’ Online Activity U.S. Surveillance Reform Threatens Privacy Protections Around Americans’ Online Activity

Privacy
June 3, 2020June 3, 20202020-06-03
On May 14, 2020, the U.S. Senate passed the USA Freedom Reauthorization Act of 2020 (the Bill) to renew a number of lapsed surveillance powers, including reauthorizing section 215 of the USA PATRIOT Act (the Act) which allows the U.S.
Deeth Williams Wall https://www.dww.com/articles/us-surveillance-reform-threatens-privacy-protections-around-americans%E2%80%99-online-activity

Canadian Media Outlets Push for Regulatory Changes to Level Playing Field with Tech Giants Canadian Media Outlets Push for Regulatory Changes to Level Playing Field with Tech Giants

Regulatory Law
June 3, 2020June 3, 20202020-06-03
On May 7, 2020, the Canadian Government Standing Committee on Finance met to hear from stakeholders impacted by the COVID-19 pandemic. This included publishers of Canadian newspapers and media outlets, who have called for an urgent overhaul of the Broadcasting Act to have digital media platforms share their advertising revenues with Canadian media companies.
Deeth Williams Wall https://www.dww.com/articles/canadian-media-outlets-push-for-regulatory-changes-to-level-playing-field-tech-giants

New Criminal Remedies Available for Theft of Trade Secrets New Criminal Remedies Available for Theft of Trade Secrets

Trade-secret
June 3, 2020June 3, 20202020-06-03
On July 1, 2020, The United-States-Mexico Canada (USMCA) trade agreement will come into force. This agreement has led to the enactment of a new Criminal Code of Canada (CCC) provision, Article 391, which provides protection to help deter the theft of trade secrets.
Deeth Williams Wall https://www.dww.com/articles/new-criminal-remedies-available-for-theft-of-trade-secrets

Federal Court Considers Patent Prosecution History in Claim Construction Federal Court Considers Patent Prosecution History in Claim Construction

Patent Litigation
June 3, 2020June 3, 20202020-06-03
On May 15, 2020, in Bauer Hockey Ltd v. Sport Maska Inc (CCM Hockey) (2020 FC 624), the Federal Court of Canada (the FC) considered section 53.1 of the Canadian Patent Act, which is a provision recently added to the Patent Act which allows for patent prosecution history to be admitted into evidence in court proceedings.
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-patent-prosecution-history-claim-construction

Working in the Digital Age: Post-Pandemic Employments for the 21st Century Presentation Working in the Digital Age: Post-Pandemic Employments for the 21st Century Presentation

Information Technology
May 29, 2020May 29, 20202020-05-29
Presentation by Hashim Ghazi of Deeth Williams Wall LLP and Nancy Shapiro of Koskie Minsky LLP exploring key considerations in drafting and maintaining effective employment and contracting agreements, including what employers need to know about the post-pandemic working world.
Deeth Williams Wall https://www.dww.com/articles/working-digital-age-postpandemic-employments-for-21st-century-presentation

Thomson Reuters Accuses Ross Intelligence of Copyright Infringement Thomson Reuters Accuses Ross Intelligence of Copyright Infringement

Trademark and Copyright Litigation
May 20, 2020May 20, 20202020-05-20
On May 6, 2020, Thomson Reuters and West Publishing Corporation (the Plaintiffs) filed a claim for copyright infringement against ROSS Intelligence Inc. (ROSS) alleging that ROSS used artificial intelligence to obtain proprietary data from the Westlaw database to create a competing product. 
Deeth Williams Wall https://www.dww.com/articles/thomson-reuters-accuses-ross-intelligence-of-copyright-infringement

USPTO Launches “Patents 4 Partnership” Platform to Aid in COVID-19 Response USPTO Launches “Patents 4 Partnership” Platform to Aid in COVID-19 Response

Patent
May 20, 2020May 20, 20202020-05-20
On May 4, 2020, the United States Patent and Trademark Office (USPTO) launched an online intellectual property marketplace – Patents 4 Partnerships (the Platform) – to help connect patent licensors and licensees in key technologies.
Deeth Williams Wall https://www.dww.com/articles/uspto-launches-%E2%80%9Cpatents-4-partnership%E2%80%9D-platform-to-aid-covid19-response

Privacy Principles for Contact Tracing Apps Privacy Principles for Contact Tracing Apps

Privacy
May 20, 2020May 20, 20202020-05-20
On May 7, 2020, the Federal, Provincial and Territorial Privacy Commissioners in Canada released a Joint Statement on contract tracing apps, entitled “Supporting public health, building public trust: Privacy principles for contact tracing and similar apps.”  The Statement invites the various levels of government, if they plan to use apps for contact tracing or for notifying individuals that they have been in close proximity of someone who is or is likely to be a carrier of COVID-19, to respect a set of principles.  These principles include:
Deeth Williams Wall https://www.dww.com/articles/privacy-principles-for-contact-tracing-apps

USPTO Denies Petition to Recognize AI as Patent Inventor USPTO Denies Petition to Recognize AI as Patent Inventor

Patent
May 20, 2020May 20, 20202020-05-20
On April 22, 2020, the United States Patent and Trademark Office (USPTO) denied the petition to recognize DABUS as the inventor of patent application No 16/524,350 (’350).
Deeth Williams Wall https://www.dww.com/articles/uspto-denies-petition-to-recognize-ai-as-patent-inventor

Ontario Superior Court Dismisses Wiseau’s Copyright Infringement Claim Ontario Superior Court Dismisses Wiseau’s Copyright Infringement Claim

Trademark and Copyright Litigation
May 20, 2020May 20, 20202020-05-20
On April 23, 2020, the Ontario Superior Court of Canada (the Court) released its decision in Wiseau Studio, LLC et al v Harper et al (2020 ONSC 2504), dismissing the plaintiffs’ action for copyright infringement against the creators of a documentary entitled “Room Full of Spoons”. 
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-dismisses-wiseau%E2%80%99s-copyright-infringement-claim

Health Canada on Hand Sanitizer and Disinfectants amid COVID-19 Health Canada on Hand Sanitizer and Disinfectants amid COVID-19

Regulatory Law
May 20, 2020May 20, 20202020-05-20
There has been a recent increase in licenses granted by Health Canada for “hand sanitizer products” amid the COVID-19 pandemic. In order to qualify as a hand sanitizer, Health Canada has specified that the product must contain at least 60% ethanol alcohol. Furthermore, in order to use the terms “hand sanitizer” or “disinfectant”, evidence that the products meet these standards needs to be included in an application to Health Canada. 
Deeth Williams Wall https://www.dww.com/articles/health-canada-on-hand-sanitizer-and-disinfectants-amid-covid19

OPC Publishes a Privacy Assessment Framework in Response to COVID-19 OPC Publishes a Privacy Assessment Framework in Response to COVID-19

Privacy
May 6, 2020May 6, 20202020-05-06
On April 17, 2020, the Office of the Privacy Commissioner of Canada (OPC) published a privacy assessment framework to assist federal government institutions in understanding their privacy-related responsibilities for the collection, use and disclosure of personal information during the COVID-19 outbreak.  This framework builds on the previous OPC guidance issued last month (as previously reported by the E-TIPS® Newsletter 
Deeth Williams Wall https://www.dww.com/articles/opc-publishes-a-privacy-assessment-framework-response-to-covid19

Federal Court of Appeal Overturns Access Copyright-York University Copyright Decision Federal Court of Appeal Overturns Access Copyright-York University Copyright Decision

Trademark and Copyright Litigation
May 6, 2020May 6, 20202020-05-06
On April 22, 2020, in York University v The Canadian Copyright Licensing Agency (Access Copyright) (2020 FCA 77), the Canadian Federal Court of Appeal (FCA) allowed the university's appeal, holding that although the actions of York University (York) were not fair dealing, the payment of tariffs to Access Copyright as set by Canada's Copyright Board (CCB) was not mandatory.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-overturns-access-copyrightyork-university-copyright-decision

Federal Court Determines that “Position Questions” are Improper Discovery Questions Federal Court Determines that “Position Questions” are Improper Discovery Questions

Pharmaceutical Patent Litigation
May 6, 2020May 6, 20202020-05-06
On March 3, 2020, in Bayer Inc v Apotex Inc (2020 FC 325), the Federal Court (the Court) determined that questions on discovery about a party’s “position” were improper discovery questions.
Deeth Williams Wall https://www.dww.com/articles/federal-court-determines-%E2%80%9Cposition-questions%E2%80%9D-are-improper-discovery-questions

Federal Court of Appeal Dismisses Appeal in JAVELO Trademark Opposition Federal Court of Appeal Dismisses Appeal in JAVELO Trademark Opposition

Trademark and Copyright Litigation
May 6, 2020May 6, 20202020-05-06
On April 20, 2020, in The Clorox Company of Canada, Ltd v Chloretec S.E.C. (2020 FCA 76), the Canadian Federal Court of Appeal (FCA) dismissed an appeal by The Clorox Company of Canada (Clorox) from a decision of the Federal Court (FC) rejecting Clorox’s opposition to the trademark applications for JAVELO and JAVELO & Design (collectively, Marks).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-javelo-trademark-opposition

3M Files Canadian Lawsuit Against Two University Students For Allegedly Selling N95 Masks at Exorbitant Prices 3M Files Canadian Lawsuit Against Two University Students For Allegedly Selling N95 Masks at Exorbitant P...

Litigation
May 6, 2020May 6, 20202020-05-06
Recently, 3M, the American respirator manufacturer, sued two Canadian students for allegedly selling N95 face masks at grossly high prices amid the COVID-19 pandemic. The FDA-approved N95 mask developed by 3M has surged in popularity during the COVID-19 pandemic due to its ability to protect mask wearers from air particles, including those the size of the novel coronavirus. There is a current shortage of these masks in Canada and many consumers are urgently searching online for sellers with N95 inventory.
Deeth Williams Wall https://www.dww.com/articles/3m-files-canadian-lawsuit-against-two-university-students-for-allegedly-selling-n95-masks

Georgia Can’t Copyright the Law Georgia Can’t Copyright the Law

Trademark and Copyright Litigation
May 6, 2020May 6, 20202020-05-06
In Georgia et al. Public Resource.Org, Inc. 590 U.S. _ (2020), the Supreme Court of the United States (the Court) held that the Official Code of Georgia Annotated (the OCGA) is not entitled to copyright protection.  The OCGA contains the text of the every state of Georgia statute and non-binding annotations.  There was no dispute that copyright protection did not extend to the text of statutes, however the state argued that the annotations were entitled to copyright. 
Deeth Williams Wall https://www.dww.com/articles/georgia-can%E2%80%99t-copyright-law

US Court of Appeals Holds That Colour Trademarks Applied to Packaging Can Be Inherently Distinctive US Court of Appeals Holds That Colour Trademarks Applied to Packaging Can Be Inherently Distinctive

Trademark and Copyright Litigation
April 22, 2020April 22, 20202020-04-22
On April 8, 2020, in In Re: Forney Industries, Inc (No. 19-1073 (Fed. Cir. 2020)) the US Court of Appeals for the Federal Circuit (the Court) held that a colour mark applied to the packaging of a product can indicate the source of the goods to a customer, and therefore, can be inherently distinctive.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-holds-colour-trademarks-applied-to-packaging-can-be-inherently

Federal Court Considers Certificate of Supplementary Protection Regulations Federal Court Considers Certificate of Supplementary Protection Regulations

Patent Litigation
April 22, 2020April 22, 20202020-04-22
On April 7, 2020, in Glaxosmithkline Biologicals S.A. v. Canada (Health), 2020 FC 397, the Canadian Federal Court (the Court) set aside a decision of the Minister of Health (the Minister) to refuse to issue a Certificate of Supplementary Protection (CSP) in respect of Canadian Patent No. 2,600,905 (the 905 Patent) and the drug SHINGRIX®.  The matter was returned to the Minister for redetermination.
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-certificate-of-supplementary-protection-regulations

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