Rapper Files Copyright Claim for Infringing Signature Dance Moves Rapper Files Copyright Claim for Infringing Signature Dance Moves

Copyright
December 12, 2018December 12, 20182018-12-12
On December 5, 2018, New York rapper, 2 Milly, filed a claim for copyright infringement alleging that video game creator,
Deeth Williams Wall https://www.dww.com/articles/rapper-files-copyright-claim-for-infringing-signature-dance-moves

Privacy Commissioner of Canada Expresses Opinion on National Digital and Data Consultations Privacy Commissioner of Canada Expresses Opinion on National Digital and Data Consultations

Privacy
December 12, 2018December 12, 20182018-12-12
On December 5, 2018, the Privacy Commissioner of Canada (Commissioner) released a letter to the Minister of Innovation, Science and Economic Development offering his views on the Government of Canada’s National Digital and Data Consultations.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-expresses-opinion-on-national-digital-and-data

Ontario to Enhance Privacy Rights in Consumer Protection Act Ontario to Enhance Privacy Rights in Consumer Protection Act

Privacy
December 12, 2018December 12, 20182018-12-12
On November 29, 2018, Bill 55, Safeguarding our Information Act, 2018, passed second reading in the Ontario legislature.
Deeth Williams Wall https://www.dww.com/articles/ontario-to-enhance-privacy-rights-consumer-protection-act

New Patent Rules Published For Consultation New Patent Rules Published For Consultation

Patent
December 12, 2018December 12, 20182018-12-12
On December 1, 2018, the Government of Canada published its proposed amendments to the Patent Rules (the Proposed Rules) for consultation.  The Proposed Rules implement legislative amendments to the
Deeth Williams Wall https://www.dww.com/articles/new-patent-rules-published-for-consultation

EDPR Issues Draft Guidelines Relating to the Territorial Scope of the GDPR EDPR Issues Draft Guidelines Relating to the Territorial Scope of the GDPR

Privacy
December 12, 2018December 12, 20182018-12-12
On November 23, 2018, the European Data Protection Board (EDPB) issued draft guidelines (Guidelines) relating to the territorial scope of the GDPR.
Deeth Williams Wall https://www.dww.com/articles/edpr-issues-draft-guidelines-relating-to-territorial-scope-of-gdpr

Marriott Hotel Chain Subject to Data Breach Affecting Up To Half a Billion People Marriott Hotel Chain Subject to Data Breach Affecting Up To Half a Billion People

Privacy
December 12, 2018December 12, 20182018-12-12
On November 30, 2018, Marriott International Inc (Marriott) disclosed that approximately 500 million guests who stayed at Starwood hotel properties (which Marriott acquired in 2015) between 2014 and 2018 may have had their personal information compromised.  Starwood hotel properties include prominent brands such as W hotels, St.
Deeth Williams Wall https://www.dww.com/articles/marriott-hotel-chain-subject-to-data-breach-affecting-up-to-half-a-billion-people

Competition Bureau Invites Feedback on Draft Intellectual Property Enforcement Guidelines Competition Bureau Invites Feedback on Draft Intellectual Property Enforcement Guidelines

Intellectual Property
November 28, 2018November 28, 20182018-11-28
On November 1, 2018, the Competition Bureau (the Bureau) published a draft version of its revised Intellectual Property Enforcement Guidelines (IPEGs).
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-invites-feedback-on-draft-intellectual-property-enforcement-guidelines

Canada’s New Trademark Law Set to Come Into Force June 17, 2019 Canada’s New Trademark Law Set to Come Into Force June 17, 2019

Trademark
November 28, 2018November 28, 20182018-11-28
On November 14, 2018, the Government of Canada announced that amendments to the Trademarks Act and Regulations are set to come into force on June 17, 2019 (Order in Council,
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-new-trademark-law-set-to-come-into-force-june-17-2019

Ontario Court of Appeal Opens the Door to Re-Litigating the Validity of Invalidated Patents Ontario Court of Appeal Opens the Door to Re-Litigating the Validity of Invalidated Patents

Patent Litigation
November 28, 2018November 28, 20182018-11-28
On November 8, 2018, in Apotex Inc v Schering Corporation (2018 ONCA 890), the Court of Appeal for Ontario (Court) allowed Schering and S
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-opens-door-to-relitigating-validity-of-invalidated-patents

New CASL Guidelines Spell Onerous Obligations and Potential Liability for Digital Businesses New CASL Guidelines Spell Onerous Obligations and Potential Liability for Digital Businesses

Telecommunications
November 28, 2018November 28, 20182018-11-28
On November 5, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) released Compliance and Enforcement Information Bulletin CRTC 2018-415 (CRTC 2018-415) on Canada's Anti-Spam Legislation (CASL) that may ha
Deeth Williams Wall https://www.dww.com/articles/new-casl-guidelines-spell-onerous-obligations-and-potential-liability-for-digital

Federal Court Reaffirms Principle that Copyright Protects Expression, Not Ideas Federal Court Reaffirms Principle that Copyright Protects Expression, Not Ideas

Copyright
November 28, 2018November 28, 20182018-11-28
On November 15, 2018, the Federal Court of Canada (Court) issued its decision in Dean Joseph Evans v Discovery Communications LLC (2018 FC 1153) summarily dismissing the action for copyright infri
Deeth Williams Wall https://www.dww.com/articles/federal-court-reaffirms-principle-copyright-protects-expression-not-ideas

Cannabis Consumers Warned over Potential Privacy Implications of Online Cannabis Purchases Cannabis Consumers Warned over Potential Privacy Implications of Online Cannabis Purchases

Privacy
November 28, 2018November 28, 20182018-11-28
Canada’s Privacy Commissioner (CPC) is preparing to issue guidance for online cannabis purchasers amidst concerns of potential fallout, such as being barred from entry into the United States if transactions become known by third parties.
Deeth Williams Wall https://www.dww.com/articles/cannabis-consumers-warned-over-potential-privacy-implications-of-online-cannabis-purchases

The Government Proposes Patent Act Amendments to Regulate Written Demands The Government Proposes Patent Act Amendments to Regulate Written Demands

Patent
November 14, 2018November 14, 20182018-11-14
On October 29, 2018, Bill C-86, the Budget Implementation Act (the “Bill”), received its first reading in the House of Commons. The Bill proposes many amendments to various pieces of legislation.
Deeth Williams Wall https://www.dww.com/articles/government-proposes-patent-act-amendments-to-regulate-written-demands

Bunny Brand Has Its Day in Court Bunny Brand Has Its Day in Court

Trademark
November 14, 2018November 14, 20182018-11-14
On October 29, 2018, in Energizer Brands, LLC v The Gillette Company, 2018 FC 1003, the Court granted in part The Gillette Company (Duracell)’s motion to strike certain allegations from Energizer’s Statement of Claim.
Deeth Williams Wall https://www.dww.com/articles/bunny-brand-has-its-day-court

Ontario Cannabis Store Privacy Breach Affects Thousands of Recreational Cannabis Buyers Ontario Cannabis Store Privacy Breach Affects Thousands of Recreational Cannabis Buyers

Privacy
November 14, 2018November 14, 20182018-11-14
On November 7, 2018, the Ontario Cannabis Store (“OCS”) announced it had suffered a privacy breach involving approximately 4,500 customers who purchased recreational cannabis online.
Deeth Williams Wall https://www.dww.com/articles/ontario-cannabis-store-privacy-breach-affects-thousands-of-recreational-cannabis-buyers

Canada Modernizes its Industrial Design Regime to Implement the Hague Agreement Canada Modernizes its Industrial Design Regime to Implement the Hague Agreement

Industrial Design
November 14, 2018November 14, 20182018-11-14
On November 5, 2018, extensive changes to Canada’s Industrial Design Act (Act), Industrial Design Regulations (Regulations) and Industrial Design Practice Manual (Manual), came into effect (previously reported in
Deeth Williams Wall https://www.dww.com/articles/canada-modernizes-its-industrial-design-regime-to-implement-hague-agreement

Controversial "Mansized" Tissues Pulled from U.K. Stores Amidst Complaints of Sexism Controversial "Mansized" Tissues Pulled from U.K. Stores Amidst Complaints of Sexism

Trademark
November 14, 2018November 14, 20182018-11-14
When searching for a trademark, one should consider all connotations, and potential public outcry, stemming from the use of the mark.  Kleenex learned that lesson first-hand over the last few weeks after their use of the term "Mansize" to describe extra-large tissues faced consumer complaints of being sexist.
Deeth Williams Wall https://www.dww.com/articles/controversial-mansized-tissues-pulled-from-uk-stores-amidst-complaints-of-sexism

United States Court of Appeals Considers Patent-Eligibility of Spreadsheet Tabs United States Court of Appeals Considers Patent-Eligibility of Spreadsheet Tabs

Patent
October 31, 2018October 31, 20182018-10-31
On October 9, 2018, the United States Court of Appeals for the Federal Circuit (“the Court”), in Data Engine Techs. LLC v. Google LLC, considered whether the asserted claims of U.S. Patent Nos.
Deeth Williams Wall https://www.dww.com/articles/united-states-court-of-appeals-considers-patenteligibility-of-spreadsheet-tabs

Federal Court of Appeal finds CRTC’s Regulation of Affiliation Agreements as Ultra Vires Federal Court of Appeal finds CRTC’s Regulation of Affiliation Agreements as Ultra Vires

Copyright
October 31, 2018October 31, 20182018-10-31
On October 1, 2018, in Bell Canada v 7265921 Canada Ltd (2018 FCA 174), the Federal Court of Appeal (Court) found that the Canadian Radio-Television Commission (CRTC)’s regulation of
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-crtc%E2%80%99s-regulation-of-affiliation-agreements-as-ultra-vires

Federal Court Rules That Official Mark Status is Not a Defence to Trademark Infringement Federal Court Rules That Official Mark Status is Not a Defence to Trademark Infringement

Trademark and Copyright Litigation
October 31, 2018October 31, 20182018-10-31
On October 4, 2018, in Quality Program Services Inc v Her Majesty the Queen in Right of Ontario as Represented by the Minister of Energy (2018 FC 971), the Federal Court ruled that the Ontario g
Deeth Williams Wall https://www.dww.com/articles/federal-court-rules-official-mark-status-not-a-defence-to-trademark-infringement