Yahoo! Settles Consumer Class Actions Resulting From Data Breaches to a Tune of $85M USD Yahoo! Settles Consumer Class Actions Resulting From Data Breaches to a Tune of $85M USD

Information Technology
October 31, 2018October 31, 20182018-10-31
Yahoo has agreed to pay up to $85 million USD to settle consumer class actions involving more than 200 people and up to three billion Yahoo accounts in relation to the company’s data breaches between 2012 and 2016.  Both sides reached the settlement after mediation sessions in San Francisco in August and September of this year.
Deeth Williams Wall https://www.dww.com/articles/yahoo-settles-consumer-class-actions-resulting-from-data-breaches-to-a-tune-of-85m-usd

PIPEDA’s Data Breach Reporting Requirements Now In Force PIPEDA’s Data Breach Reporting Requirements Now In Force

Privacy
October 31, 2018October 31, 20182018-10-31
On November 1, 2018, as previously reported on in the E-TIPS® newsletter, the
Deeth Williams Wall https://www.dww.com/articles/pipeda%E2%80%99s-data-breach-reporting-requirements-now-force

Federal Court to Determine Whether PIPEDA Applies to Search Engine Services Federal Court to Determine Whether PIPEDA Applies to Search Engine Services

Privacy
October 31, 2018October 31, 20182018-10-31
On October 10, 2018, the Office of the Privacy Commissioner of Canada (“OPC”) announced that it is seeking the Federal Court’s clarification on
Deeth Williams Wall https://www.dww.com/articles/federal-court-to-determine-whether-pipeda-applies-to-search-engine-services

Federal Cannabis Act Came Into Force Federal Cannabis Act Came Into Force

Regulatory Law
October 17, 2018October 17, 20182018-10-18
The Federal Cannabis Act came into force on June 21, 2018 and came into force on October 17, 2018. The Cannabis Act permits the sale, possession and use of recreational cannabis,
Deeth Williams Wall https://www.dww.com/articles/federal-cannabis-act-receives-royal-assent

CRTC Denies Application Proposing Website Blocking Regime CRTC Denies Application Proposing Website Blocking Regime

Copyright
October 17, 2018October 17, 20182018-10-17
On October 2, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) in decision CRTC 2018-384 denied an application by Bell Canada, Rogers Communications Canada Inc, the Canadian Broadcasting Corporation Limited and a number of other persons (collecti
Deeth Williams Wall https://www.dww.com/articles/crtc-denies-application-proposing-website-blocking-regime

United States-Mexico-Canada Agreement (USMCA) Extends Copyright and Patent Terms United States-Mexico-Canada Agreement (USMCA) Extends Copyright and Patent Terms

Copyright
October 17, 2018October 17, 20182018-10-17
On September 30, 2018, Canada signed the United States-Mexico-Canada Agreement (USMCA). Chapter 20 of the USMCA imposes a number of obligations on parties relating to intellectual property.
Deeth Williams Wall https://www.dww.com/articles/united-statesmexicocanada-agreement-usmca-extends-copyright-and-patent-terms

US Court of Appeals Affirms That the Marks “CORN THINS” and “RICE THINS” are Merely Descriptive US Court of Appeals Affirms That the Marks “CORN THINS” and “RICE THINS” are Merely Descriptive

Trademark
October 17, 2018October 17, 20182018-10-17
On October 4, 2018, the US Court of Appeals for the Federal Circuit (the Court) unsealed its decision in Real Foods Pty Ltd v Frito-Lay North America, Inc, No.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-affirms-marks-%E2%80%9Ccorn-thins%E2%80%9D-and-%E2%80%9Crice-thins%E2%80%9D-are-merely-descriptive

UK High Court Dismisses a Compensation Claim Against Google for Alleged Data Breach UK High Court Dismisses a Compensation Claim Against Google for Alleged Data Breach

Privacy
October 17, 2018October 17, 20182018-10-17
On October 8, 2018, the UK High Court of Justice (the Court) in Lloyd v Google LLC [2018] EWHC 2599 (QB) dismissed a representative action against Google seeking compensation under section 13 of the
Deeth Williams Wall https://www.dww.com/articles/uk-high-court-dismisses-a-compensation-claim-against-google-for-alleged-data-breach

Canadian Largest Food-Service Restaurant Company Falls Victim to Cyberattack Canadian Largest Food-Service Restaurant Company Falls Victim to Cyberattack

Information Technology
October 17, 2018October 17, 20182018-10-17
RECIPE Unlimited Corp, the Canadian largest full-service restaurant company that owns brands including Swiss Chalet, Harvey’s and East Side Mario’s, suffered a ransomware attack that left many of its locations temporarily closed or with limited operations.
Deeth Williams Wall https://www.dww.com/articles/canadian-largest-foodservice-restaurant-company-falls-victim-to-cyberattack

Change in Priority Claim Leads to Invalid Patents Change in Priority Claim Leads to Invalid Patents

Patent
October 17, 2018October 17, 20182018-10-17
On October 1, 2018, the United States Court of Appeals for the Federal Circuit (Court), in Natural Alternatives International Inc v Andrei Iancu, affirmed a decision of the United States Patent and Trademark Office, Patent Trial and Appeal Board (PTAB) upholding the rejection of US Patent No.
Deeth Williams Wall https://www.dww.com/articles/change-priority-claim-leads-to-invalid-patents

U.S.-Mexico-Canada Trade Agreement with the U.S. Will Extend Data Exclusivity for Biologics in Canada U.S.-Mexico-Canada Trade Agreement with the U.S. Will Extend Data Exclusivity for Biologics in Canada

Intellectual Property
October 4, 2018October 4, 20182018-10-04
On September 30, 2018, Canada reached a new trade agreement with the U.S. (the U.S.-Mexico-Canada Agreement or USMCA).
Deeth Williams Wall https://www.dww.com/articles/usmexicocanada-trade-agreement-us-will-extend-data-exclusivity-for-biologics-canada

OPC Releases Draft Guidance Relating to PIPEDA’s Breach Notification Safeguards OPC Releases Draft Guidance Relating to PIPEDA’s Breach Notification Safeguards

Privacy
October 4, 2018October 4, 20182018-10-04
Starting November 1, 2018, companies governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), will be required to report data breaches to affected customers, third parties and the federal Privacy Commissioner.
Deeth Williams Wall https://www.dww.com/articles/opc-releases-draft-guidance-relating-to-pipeda%E2%80%99s-breach-notification-safeguards

Canadian Analytics Firm Served with GDPR Enforcement Notice Canadian Analytics Firm Served with GDPR Enforcement Notice

Privacy
October 4, 2018October 4, 20182018-10-04
The UK Information Commissioner’s Office (“the Commissioner”) recently served a formal Enforcement Notice (“the Notice”) under the European Union’s (“EU”) General Data Protection Regulation
Deeth Williams Wall https://www.dww.com/articles/canadian-analytics-firm-served-gdpr-enforcement-notice

IBM Requests Double Damages in Patent Infringement Case Against Groupon IBM Requests Double Damages in Patent Infringement Case Against Groupon

Patent Litigation
October 4, 2018October 4, 20182018-10-04
In a post-trial motion made public September 26, 2018, International Business Machines Corp. (IBM) requested that the US District Court for the District of Delaware double the $82.5M USD patent damages owed by Groupon Inc.
Deeth Williams Wall https://www.dww.com/articles/ibm-requests-double-damages-patent-infringement-case-against-groupon

French Court Strikes Down Copyright Licensing Provisions French Court Strikes Down Copyright Licensing Provisions

Copyright
October 4, 2018October 4, 20182018-10-04
On August 7, 2018 , the Tribunal de grande instance de Paris (TGI) released a decision, Décision du 07 août 2018, 1/4 social N° RG 14/07300, declaring ‘null and void’ numerous terms found in Twitter Inc’s (Twitter
Deeth Williams Wall https://www.dww.com/articles/french-court-strikes-down-copyright-licensing-provisions

“Fitzmagic” US Trademark Application by the “Wrong” NFL Player Sparks Controversy “Fitzmagic” US Trademark Application by the “Wrong” NFL Player Sparks Controversy

Trademark
October 4, 2018October 4, 20182018-10-04
In the world of sports today, players are becoming more astute in managing their personal brands, and taking steps to secure protection of names, logos and nicknames with an eye of developing their own personal merchandise.  Athletes taking steps to secure intellectual property rarely make national news, but a recent US trademark application for “Fitzmagic” (Serial # 88113690) has caused quite a stir.
Deeth Williams Wall https://www.dww.com/articles/%E2%80%9Cfitzmagic%E2%80%9D-us-trademark-application-by-%E2%80%9Cwrong%E2%80%9D-nfl-player-sparks-controversy

Supreme Court of Canada Rules that ISPs Can Recover Reasonable Costs for Identifying Copyright Infringers Supreme Court of Canada Rules that ISPs Can Recover Reasonable Costs for Identifying Copyright Infringers

Copyright
September 19, 2018September 19, 20182018-09-19
On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, 2018 SCC 38, concluding that internet service providers (ISPs) are entitled to recover their reasonable costs for identifying copyright infringers in res
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-rules-isps-can-recover-reasonable-costs-for-identifying-copyright

Quebec Court Rules That Fiberglass Pools Are Not Original Works Under Copyright Quebec Court Rules That Fiberglass Pools Are Not Original Works Under Copyright

Copyright
September 19, 2018September 19, 20182018-09-19
In Piscines Nautika Inc c Fibre Design Inc, 2018 QCCS 3875, the Superior Court of Quebec (the Court) rejected an application by Nautika Pools Inc.
Deeth Williams Wall https://www.dww.com/articles/quebec-court-rules-fiberglass-pools-are-not-original-works-under-copyright

Federal Court Rules That Providing “Hotel Services” Does Not Require a “Bricks and Mortar” Hotel in Canada Federal Court Rules That Providing “Hotel Services” Does Not Require a “Bricks and Mortar” Hotel in Canad...

Trademark
September 19, 2018September 19, 20182018-09-19
On September 7, 2018, the Federal Court set aside the decision of the Registrar of Trademarks, who directed that Hilton’s trademark registration for WALDORF-ASTORIA should be expunged from the register (Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895).
Deeth Williams Wall https://www.dww.com/articles/federal-court-rules-providing-%E2%80%9Chotel-services%E2%80%9D-does-not-require-a-%E2%80%9Cbricks-and-mortar%E2%80%9D

Ninth Circuit Considers Copyright in Data Compilations Ninth Circuit Considers Copyright in Data Compilations

Copyright
September 19, 2018September 19, 20182018-09-19
On June 27, 2018, in Experian Info Sols v Nationwide Mktg Servs, the United States Court of Appeals for the Ninth Circuit (the Court) affirmed (in part) a decision from the United States District Court for the District of Arizona (District Court) granting summary judgment on Experian Information Solutions Inc (Experian)’s claim for copyri
Deeth Williams Wall https://www.dww.com/articles/ninth-circuit-considers-copyright-data-compilations