Rubik’s Cube Owner Loses EU Trademark for Puzzle’s 3-D Shape Rubik’s Cube Owner Loses EU Trademark for Puzzle’s 3-D Shape

Trademark
October 30, 2019October 30, 20192019-10-30
On October 24, 2019, the General Court of the European Union (Court) confirmed the cancellation of the EU trademark for the shape of the Rubik’s Cube.  The Court found that the essential characteristics of the Rubik’s Cube’s shape are necessary for the product’s rotating capability and thus cannot be registered as a trademark.
Deeth Williams Wall https://www.dww.com/articles/rubik%E2%80%99s-cube-owner-loses-eu-trademark-for-puzzle%E2%80%99s-3d-shape

OPC Concludes Investigation into Authentication and Data Transfer Practices Used During Loblaw Gift Card Offering OPC Concludes Investigation into Authentication and Data Transfer Practices Used During Loblaw Gift Card ...

Privacy
October 30, 2019October 30, 20192019-10-31
On October 16, 2019, the Office of the Privacy Commissioner of Canada (OPC) concluded its investigation into Loblaw Co Ltd (Loblaw)’s authentication processes and data transfers related to their gift card program.  Loblaw’s gift card program was created in response to the retailer's admitted part in a bread price-fixing scandal.
Deeth Williams Wall https://www.dww.com/articles/opc-concludes-investigation-into-authentication-and-data-transfer-practices-used-during

Reports of Privacy Breaches in Alberta’s Health Sector Increase After Incident Reporting Made Mandatory Under Provincial Law Reports of Privacy Breaches in Alberta’s Health Sector Increase After Incident Reporting Made Mandatory U...

Privacy
October 30, 2019October 30, 20192019-10-30
Alberta’s health sector has seen a dramatic increase in the number of privacy breaches reported after Alberta’s Health Information Act made reporting of these incidents mandatory in August 2018.  Prior to the legislative change, Alberta’s Office of the Information and Privacy Commissioner (OIPC) would receive approximately 130 voluntary incident reports a year.  In the first year since reporting became mandatory, the OIPC stated that the number has jumped to well over 1,000.
Deeth Williams Wall https://www.dww.com/articles/reports-of-privacy-breaches-alberta%E2%80%99s-health-sector-increase-after-incident-reporting-made

USPTO Provides Update on Patent Subject Matter Eligibility USPTO Provides Update on Patent Subject Matter Eligibility

Patent
October 30, 2019October 30, 20192019-10-30
On October 17, 2019, the United States Patent and Trademark Office (USPTO) provided an update to its patent eligibility guidance. The update discusses and elaborates on the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG) that was issued by the USPTO on January 7, 2019.
Deeth Williams Wall https://www.dww.com/articles/uspto-provides-update-on-patent-subject-matter-eligibility

Top Tech CEOs Warn Canada's “Future Economic Prosperity is at Risk” in Letter to Federal Leaders Top Tech CEOs Warn Canada's “Future Economic Prosperity is at Risk” in Letter to Federal Leaders

Information Technology
October 17, 2019October 17, 20192019-10-17
The Council of Canadian Innovators organized a letter from over 100 CEOs of Canadian technology companies to the four federal political party leaders, Justin Trudeau, Andrew Scheer, Jagmeet Singh and Elizabeth May, asking the parties to develop economic policies that would promote talent, growth capital and new customers in the Canadian technology sector.
Deeth Williams Wall https://www.dww.com/articles/top-tech-ceos-warn-canadas-%E2%80%9Cfuture-economic-prosperity-at-risk%E2%80%9D-letter-to-federal-leaders

Foreign File Wrappers Relevant in Canadian Claim Construction Foreign File Wrappers Relevant in Canadian Claim Construction

Patent Litigation
October 16, 2019October 16, 20192019-10-16
On September 25, 2019, in Canmar Foods Ltd. v. TA Foods Ltd., 2019 FC 1233, the Federal Court of Canada (the Court) released the first decision interpreting the new section 53.1 of the Patent Act, which introduced file wrapper estoppel into Canadian patent law. 
Deeth Williams Wall https://www.dww.com/articles/foreign-file-wrappers-relevant-canadian-claim-construction

EU’s Highest Court Rules National Courts May Order Worldwide Injunctions to Remove Unlawful Content EU’s Highest Court Rules National Courts May Order Worldwide Injunctions to Remove Unlawful Content

Information Technology
October 16, 2019October 16, 20192019-10-16
On October 3, 2019, the Court of Justice of the European Union (CJEU), in Eva Glawischnig-Piesczek v Facebook Ireland Limited (ECLI:EU:C:2019:821), held that the European Union’s Directive on Electronic Commerce (Directive 2000/31/EC, the Directive) does not prevent national courts in the European Union (EU) from orderi
Deeth Williams Wall https://www.dww.com/articles/eu%E2%80%99s-highest-court-rules-national-courts-may-order-worldwide-injunctions-to-remove

The Federal Court of Canada Begins Hearing Arguments Regarding the Certification of a Reverse Class Action in File-Sharing Copyright Infringement Case The Federal Court of Canada Begins Hearing Arguments Regarding the Certification of a Reverse Class Actio...

Copyright
October 16, 2019October 16, 20192019-10-16
On September 23 and 24, 2019, the Federal Court of Canada began hearing arguments for and against certifying a reverse class action, where a single plaintiff takes steps to commence an action against a class of defendants with respect to a file-sharing copyright infringement case.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-begins-hearing-arguments-regarding-certification-of-a-reverse

U.S. Supreme Court Declines to Hear Appeal on Accessibility of Domino’s Pizza’s Website U.S. Supreme Court Declines to Hear Appeal on Accessibility of Domino’s Pizza’s Website

Information Technology
October 16, 2019October 16, 20192019-10-16
On October 7, 2019 the Supreme Court of the United States (the Supreme Court) declined to hear an appeal from Domino’s Pizza, LLC (Domino’s) from a decision of the Court of Appeals for the Ninth Circuit, which held that the Americans with Disabilities Act (ADA) applies to Domino’s website and mobile app and that Domino’s could be liable for damages if its online offerings do not comply with the ADA.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-declines-to-hear-appeal-on-accessibility-of-domino%E2%80%99s-pizza%E2%80%99s-website

EU Court of Justice Rules that Storing Cookies Requires Internet Users’ Active Consent EU Court of Justice Rules that Storing Cookies Requires Internet Users’ Active Consent

Privacy
October 16, 2019October 16, 20192019-10-16
On October 1, 2019, the Court of Justice of the European Union (CJEU) ruled that storing cookies on an Internet user’s computer requires active consent. Consent cannot be implied or assumed and therefore a pre-ticked checkbox is insufficient.
Deeth Williams Wall https://www.dww.com/articles/eu-court-of-justice-rules-storing-cookies-requires-internet-users%E2%80%99-active-consent

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

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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