California’s New IoT Security Law California’s New IoT Security Law

Security
October 2, 2019October 2, 20192019-10-02
On January 1, 2020, California’s new Internet of Things (IoT) Security Law goes into effect. The new law, which requires that all IoT devices sold in California be equipped with reasonable security features, is the first IoT-specific security law in the United States.
Deeth Williams Wall https://www.dww.com/articles/california%E2%80%99s-new-iot-security-law

Recovery of Profit Claim Fails for Failing to Prove Profits Sought Related to Alleged Infringement Recovery of Profit Claim Fails for Failing to Prove Profits Sought Related to Alleged Infringement

Trademark and Copyright Litigation
October 2, 2019October 2, 20192019-10-02
On August 21, 2019, the Québec Superior Court (Court) released its judgment, in Constellation Brands US Operations c Société de vin internationale ltée, 2019 QCCS 3610, finding that Constellation Brands US Operations (Constellation) failed to prove its claim for damages against Société de vin international ltée (SVI).
Deeth Williams Wall https://www.dww.com/articles/recovery-of-profit-claim-fails-for-failing-to-prove-profits-sought-related-to-alleged

OPC Concludes Consultation on Transborder Data Flows OPC Concludes Consultation on Transborder Data Flows

Privacy
October 2, 2019October 2, 20192019-10-02
On September 23, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced that it has concluded its consultation on transborder data flows and that its guidelines for processing personal data across borders will remain unchanged.
Deeth Williams Wall https://www.dww.com/articles/opc-concludes-consultation-on-transborder-data-flows

Super Channel Files Copyright Lawsuit Alleging that Certain Retailers Encourage Piracy Super Channel Files Copyright Lawsuit Alleging that Certain Retailers Encourage Piracy

Trademark and Copyright Litigation
October 2, 2019October 2, 20192019-10-02
On September 11, 2019, Allarco Entertainment 2008 Inc (Super Channel), a premium TV network, filed a statement of claim in the Federal Court (Court) alleging that Staples Canada Inc, Best Buy Canada Ltd, London Drugs Ltd, Canada Computers Inc and their respective affiliates (collectively, the Retailers) infringed Super Channel’s copyright in its network communication signals.
Deeth Williams Wall https://www.dww.com/articles/super-channel-files-copyright-lawsuit-alleging-certain-retailers-encourage-piracy

SCC Finds Plans of Survey are Crown Works SCC Finds Plans of Survey are Crown Works

Copyright
October 2, 2019October 2, 20192019-10-02
On September 26, 2019, the Supreme Court of Canada (SCC) released its decision in Keatley Surveying Ltd v Teranet Inc, 2019 SCC 43, holding that plans of survey are published under the direction or control of the Crown, and so, pursuant to section 12 of the Copyright Act, RSC, 1985, c C-42 (the Act), copyright inures to the province as a result of the automatic transfer of copyright to the Cro
Deeth Williams Wall https://www.dww.com/articles/scc-finds-plans-of-survey-are-crown-works

European Court of Justice Rules That ‘Right to be Forgotten’ Does Not Extend Globally European Court of Justice Rules That ‘Right to be Forgotten’ Does Not Extend Globally

Privacy
October 2, 2019October 2, 20192019-10-02
On September 24, 2019, in Google LLC v Commission nationale de l’informatique et des libertés, C‑507/17, the European Court of Justice (Court) held that the right to be forgotten under the General Data Protection Regulation (“GDPR”) does not require search engine operators to remove web links to online search results globally.  Rather, the Court held that search engine
Deeth Williams Wall https://www.dww.com/articles/european-court-of-justice-rules-%E2%80%98right-to-be-forgotten%E2%80%99-does-not-extend-globally

OPC Publishes Advice on What to Do If an Individual Receives a Breach Notification OPC Publishes Advice on What to Do If an Individual Receives a Breach Notification

Privacy
October 2, 2019October 2, 20192019-10-02
On November 11, 2018, changes to section 10.1 of the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA) came into force. In cases where a breach of security safeguards affecting personal information creates a real risk of significant harm to the individual, PIPEDA now requires organizations that hold an individual’s personal information to notify that individual in the event of a breach.
Deeth Williams Wall https://www.dww.com/articles/opc-publishes-advice-on-what-to-do-if-an-individual-receives-a-breach-notification

Attorney Generals from 48 States, Washington DC and Puerto Rico Launch Antitrust Investigation of Google Attorney Generals from 48 States, Washington DC and Puerto Rico Launch Antitrust Investigation of Google

Information Technology
September 18, 2019September 18, 20192019-09-18
On September 9, 2019, attorney generals from 48 states, the District of Columbia and Puerto Rico announced an antitrust investigation of Google centred on whether the company has harmed competition and consumers in its search, advertising and other businesses.  Notably, California – where Google’s parent company Alphabet Inc. is headquartered – and Alabama are not participating in the probe. Texas Attorney General Ken Paxton stated that the investigation will begin with a probe into Google’s advertising and search dominance, but may expand into other practices of the tech giant.
Deeth Williams Wall https://www.dww.com/articles/attorney-generals-from-48-states-washington-dc-and-puerto-rico-launch-antitrust

US District Court Judge Allows Privacy Action Against Facebook to Proceed US District Court Judge Allows Privacy Action Against Facebook to Proceed

Privacy
September 18, 2019September 18, 20192019-09-18
On September 9, 2019, in In re Facebook Inc. Consumer Privacy User Profile Litigation, US District Court, Northern District of California, No 18-md-02843, a US district judge rejected Facebook Inc.’s arguments that its users did not have a legitimate privacy interest with respect to the information that is shared on the social media platform. In allowing the privacy action against Facebook Inc.
Deeth Williams Wall https://www.dww.com/articles/us-district-court-judge-allows-privacy-action-against-facebook-to-proceed

Ariana Grande Sues Forever 21 and Riley Rose for Using Her Likeness Without Consent Ariana Grande Sues Forever 21 and Riley Rose for Using Her Likeness Without Consent

Trademark and Copyright Litigation
September 18, 2019September 18, 20192019-09-18
On September 2, 2019, American popstar Ariana Grande (“Grande”) filed a lawsuit in US Federal Court against clothing company Forever 21 and its beauty brand, Riley Rose, for allegedly using her name, likeness and music for its own benefit without her permission.  The claim brought by Grande seeks 10 million USD in damages for copyright and trademark infringement, false endorsement, and violating her right of publicity. 
Deeth Williams Wall https://www.dww.com/articles/ariana-grande-sues-forever-21-and-riley-rose-for-using-her-likeness-without-consent

Federal Court Developing 2020-2025 Strategic Plan Federal Court Developing 2020-2025 Strategic Plan

Litigation
September 18, 2019September 18, 20192019-09-18
The Federal Court (“the Court”) is in the process of identifying priorities for its 2020-2025 Strategic Plan, as outlined in this consultation document.  The Court’s previous Strategic Plan from 2014-2019 can be found here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-developing-20202025-strategic-plan

Amendments to Canada’s Insolvency Laws Relating to IP Licensees Come Into Force November 1, 2019 Amendments to Canada’s Insolvency Laws Relating to IP Licensees Come Into Force November 1, 2019

Intellectual Property
September 18, 2019September 18, 20192019-09-18
On September 4, 2019, amendments to the Bankruptcy and Insolvency Act (“BIA”) and Companies’ Creditors Arrangement Act (“CCAA”) relating to intellectual property (“IP”) user rights were published in Canada Gazette, Part II and are now set to come into force on November 1, 2019. These changes were originally included in the Budget Implementation Act, 2018, No.
Deeth Williams Wall https://www.dww.com/articles/amendments-to-canada%E2%80%99s-insolvency-laws-relating-to-ip-licensees-come-into-force-november-1

Federal Court Expunges Travelway Trademarks Federal Court Expunges Travelway Trademarks

Trademark and Copyright Litigation
September 18, 2019September 18, 20192019-09-18
In Wenger SA v Travelway Group International Inc., 2019 FC 1104, the Federal Court of Canada (“FC”) struck Travelway Group International Inc.’s (“Travelway”) trademarks from the Trademarks Register.  The FC based its decision on the Federal Court of Appeal’s (”FCA”) holding that the Travelway marks were invalid given that the FCA found passing off had been established despite Travelway’s trademark registrations.
Deeth Williams Wall https://www.dww.com/articles/federal-court-expunges-travelway-trademarks

Common General Knowledge May be Found in a Patent’s Specification Common General Knowledge May be Found in a Patent’s Specification

Patent
September 4, 2019September 4, 20192019-09-04
The Federal Court recently dismissed two appeals brought by Corning Cable Systems LLC (Corning) holding that the Commissioner of Patents’ decision to refuse Corning’s patent applications on the grounds of obviousness was reasonable.  The patent applications relate to cable boxes, or “Local Convergence Points” (“LCPs”) that allow for smaller LCPs.
Deeth Williams Wall https://www.dww.com/articles/common-general-knowledge-may-be-found-a-patent%E2%80%99s-specification

CyberSecure Canada: Standardized Cybersecurity for Small and Medium Enterprises CyberSecure Canada: Standardized Cybersecurity for Small and Medium Enterprises

Privacy
September 4, 2019September 4, 20192019-09-04
On August 12, 2019, the Canadian federal government announced CyberSecure Canada, a voluntary certification program which aims to raise the cyber security baseline among small and medium enterprises (SMEs). SMEs that prove that they meet certain minimum standards will be entitled to use the CyberSecure certification mark on websites and promotional material attesting that they have met the standard.  Although CyberSecure Canada is directed at Canadian SMEs (up to 499 employees), all organizations are eligible to apply for certification.
Deeth Williams Wall https://www.dww.com/articles/cybersecure-canada-standardized-cybersecurity-for-small-and-medium-enterprises

Ontario Cannabis Store Reported to Sell Postal Code-Based Customer Information to Licensed Producers Ontario Cannabis Store Reported to Sell Postal Code-Based Customer Information to Licensed Producers

Privacy
September 4, 2019September 4, 20192019-09-04
On August 30, 2019, Global News reported that the Ontario Cannabis Store (OCS) sells postal code-based data relating to online customer purchases through its Sale of Data program.  OCS’s privacy policy explicitly states that the company will not share or sell customer information to third parties.
Deeth Williams Wall https://www.dww.com/articles/ontario-cannabis-store-reported-to-sell-postalcode-based-customer-information-to-licensed

Northwest Territories’ Government Faces Lawsuit over Health Privacy Breaches Northwest Territories’ Government Faces Lawsuit over Health Privacy Breaches

Privacy
September 4, 2019September 4, 20192019-09-04
Three law firms are filing a lawsuit against the Government of the Northwest Territories (GNWT), holding the government liable for various health privacy breaches that have occurred over the past decade. The suit will take the form of a representative action.
Deeth Williams Wall https://www.dww.com/articles/northwest-territories%E2%80%99-government-faces-lawsuit-over-health-privacy-breaches

Facebook’s Manual Transcription of Audio Clips Leads to Investigation by EU Regulator Yet Again Facebook’s Manual Transcription of Audio Clips Leads to Investigation by EU Regulator Yet Again

Privacy
September 4, 2019September 4, 20192019-09-04
Facebook Inc. (Facebook) once again finds itself in hot water over its privacy practices in Europe, this time in relation to how it handled data during the manual transcription of users’ audio recordings. 
Deeth Williams Wall https://www.dww.com/articles/facebook%E2%80%99s-manual-transcription-of-audio-clips-leads-to-investigation-by-eu-regulator-yet

OPC Signs Joint Statement on Global Privacy Expectations of Facebook’s Libra Network OPC Signs Joint Statement on Global Privacy Expectations of Facebook’s Libra Network

Privacy
August 21, 2019August 21, 20192019-08-21
On August 5, 2019, the Office of the Privacy Commissioner of Canada (“OPC”) signed a Joint Statement with other global privacy commissioners outlining the global privacy expectations of any future Libra, Facebook Inc.’s (“Facebook”) digital currency, digital wallet providers. The signatories of the statement included privacy representatives from seven different jurisdictions.
Deeth Williams Wall https://www.dww.com/articles/opc-signs-joint-statement-on-global-privacy-expectations-of-facebook%E2%80%99s-libra-network

Alberta’s Court of Appeal Finds Claims for Privacy Breaches can be Filed More Than Two Years after Discovering the Breach Alberta’s Court of Appeal Finds Claims for Privacy Breaches can be Filed More Than Two Years after Discov...

Privacy
August 21, 2019August 21, 20192019-08-21
On May 13, 2019, in Moore’s Industrial Service Ltd v Kugler, 2019 ABCA 178, the Alberta Court of Appeal (the “Court”) confirmed that the two year limitation period for bringing a civil claim for a breach of privacy does not begin until an order from the Office of the Information and Privacy Commissioner (the “OPC”) can no longer be appealed.
Deeth Williams Wall https://www.dww.com/articles/alberta%E2%80%99s-court-of-appeal-finds-claims-for-privacy-breaches-can-be-filed-more-than-two

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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