EU Court Holds Amazon Not Liable for Third Party Trademark Infringement through its Online Marketplace Platform EU Court Holds Amazon Not Liable for Third Party Trademark Infringement through its Online Marketplace Pl...

Trademark and Copyright Litigation
April 22, 2020April 22, 20202020-04-22
On April 2, 2020, the Court of Justice of the European Union (“CJEU”) released its decision in Coty Germany GmbH v Amazon Services Europe Sàrl et al (C-567/18) finding that the storage and distribution of goods on behalf of third party sellers via the Amazon-Marketplace platform does not constitute trademark “use”, and hence Amazon is not liable for third party trademark infringement.
Deeth Williams Wall https://www.dww.com/articles/eu-court-holds-amazon-not-liable-for-third-party-trademark-infringement-through-its-online

Federal Court Resolves Patent Infringement Action by Summary Trial Federal Court Resolves Patent Infringement Action by Summary Trial

Patent Litigation
April 22, 2020April 22, 20202020-04-22
Despite the Supreme Court’s call in Hryniak v.
Deeth Williams Wall https://www.dww.com/articles/federal-court-resolves-patent-infringement-action-by-summary-trial

US Court Finds Replication of NBA Players’ Tattoos in Video Games Does Not Constitute Copyright Infringement US Court Finds Replication of NBA Players’ Tattoos in Video Games Does Not Constitute Copyright Infringem...

Trademark and Copyright Litigation
April 22, 2020April 22, 20202020-04-22
On March 26, 2020, in Solid Oak Sketches LLC v 2K Games Inc et al, 16-CV-724-LTS-SDA, the US District Court for the Southern District of New York (the Court) issued an opinion granting the Defendants’ motion for summary judgment, finding that the replication of basketball players’ tattoos in a video game does not constitute copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/us-court-finds-replication-of-nba-players%E2%80%99-tattoos-video-games-does-not-constitute

US Federal Court Rules Children Are Not Bound by Terms of Use Signed by Parents in Amazon Alexa’s Privacy Battle US Federal Court Rules Children Are Not Bound by Terms of Use Signed by Parents in Amazon Alexa’s Privacy...

Privacy
April 22, 2020April 22, 20202020-04-22
Earlier this month, a federal judge denied Amazon’s motion to compel arbitration in the privacy battle over the collection of children’s voiceprints.
Deeth Williams Wall https://www.dww.com/articles/us-federal-court-rules-children-are-not-bound-by-terms-of-use-signed-by-parents-amazon

OPC Issues Guidance on Federal Privacy Laws in light of the COVID-19 Outbreak OPC Issues Guidance on Federal Privacy Laws in light of the COVID-19 Outbreak

Privacy
April 9, 2020April 9, 20202020-04-09
On March 20, 2020, the Office of the Privacy Commissioner of Canada (the OPC) issued guidance to assist organizations in navigating their privacy obligations with respect to collection, use and disclosure of personal information during a public health crisis.
Deeth Williams Wall https://www.dww.com/articles/opc-issues-guidance-on-federal-privacy-laws-light-of-covid19-outbreak

Patent Act Amended in Response to COVID-19 Patent Act Amended in Response to COVID-19

Patent
April 9, 2020April 9, 20202020-04-09
On March 25, 2020, Bill C-13, An Act respecting certain measures in response to COVID-19 (the Act) received royal assent.  The Act amends the Patent Act to allow authorized use of a patented invention in response to a public health emergency that is a matter of national concern.
Deeth Williams Wall https://www.dww.com/articles/patent-act-amended-response-to-covid19

Cybersecurity Experts See Increase in Phishing Activities Due To COVID-19 Cybersecurity Experts See Increase in Phishing Activities Due To COVID-19

Privacy
April 9, 2020April 9, 20202020-04-09
On March 11, 2020, the World Health Organization declared that the COVID-19 outbreak had reached the status of a pandemic. Since then, many countries, including Canada, have taken several measures to decrease the spread of this virus, including encouraging businesses to allow employees to work remotely. However, the convenience that comes with working remotely has led to an increase in employee vulnerability to phishing activities.
Deeth Williams Wall https://www.dww.com/articles/cybersecurity-experts-see-increase-phishing-activities-due-to-covid19

The Standing Committee on Industry, Science and Technology Recommends Adding a Digital Lock Exception to the CUSMA Copyright Provisions The Standing Committee on Industry, Science and Technology Recommends Adding a Digital Lock Exception to ...

Copyright
April 9, 2020April 9, 20202020-04-09
On February 24, 2020, the Standing Committee on Industry, Science and Technology (the Industry Committee) released its recommendations for changes to Bill C-4, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States. In addition to various other intellectual property and copyright concerns, the Industry Committee recommended adding a digital lock exception to the Canada-United States–Mexico Agreement (CUSMA) copyright provisions.
Deeth Williams Wall https://www.dww.com/articles/standing-committee-on-industry-science-and-technology-recommends-adding-a-digital-lock

SCOTUS says North Carolina is not a Digital Pirate SCOTUS says North Carolina is not a Digital Pirate

Trademark and Copyright Litigation
April 9, 2020April 9, 20202020-04-09
In Allen et al. v Cooper, et al. 589 U.S. (2020), the United States Supreme Court (the Court) held that North Carolina’s display of copyrighted material depicting the salvage of English pirate Blackbeard’s ship, the Queen Anne’s Revenge, was immune to a copyright infringement action. 
Deeth Williams Wall https://www.dww.com/articles/scotus-says-north-carolina-not-a-digital-pirate

Zoom Is The Subject of Class Action Lawsuit Claiming Sharing Data with Third Parties without Consent Zoom Is The Subject of Class Action Lawsuit Claiming Sharing Data with Third Parties without Consent

Privacy
April 9, 2020April 9, 20202020-04-09
On March 31, 2020, a class action lawsuit was filed in a California court against Zoom Video Communications Inc. (Zoom), the video-conferencing solution that has been a useful alternative for business meetings as more people work from home during the COVID-19 pandemic, for allegedly sharing data with third parties without appropriate user consent.
Deeth Williams Wall https://www.dww.com/articles/zoom-subject-of-class-action-lawsuit-claiming-sharing-data-third-parties-without-consent

Health Canada Takes Steps to Streamline Access to COVID-19-Related Therapeutic Products Health Canada Takes Steps to Streamline Access to COVID-19-Related Therapeutic Products

Regulatory Law
March 25, 2020March 25, 20202020-03-25
Health Canada, the USFDA and their UK and European equivalents are taking steps to streamline approval and change notification processes for medical devices (especially masks and ventilators), COVID-19 diagnostic test kits (of which there are dozens of brands and approaches), and drugs for the prevention, diagnosis and treatment of COVID-19.
Deeth Williams Wall https://www.dww.com/articles/health-canada-takes-steps-to-streamline-access-to-covid19related-therapeutic-products-0

Canadian Intellectual Property Office Extends Deadlines in Response to COVID-19 Outbreak Canadian Intellectual Property Office Extends Deadlines in Response to COVID-19 Outbreak

Intellectual Property
March 25, 2020March 25, 20202020-05-17
On May 13, 2020, the Canadian Intellectual Property Office (the Office) announced that while the Office remains open and in operation, patent, trademark and industrial design deadlines falling between March 16, 2020 to May 29, 2020 are extended to June 1, 2020 as a result of the COVID-19 outbreak.  The Office noted that a further extension may be granted if warranted by the circumstances.
Deeth Williams Wall https://www.dww.com/articles/canadian-intellectual-property-office-extends-deadlines-response-to-covid19-outbreak

Ontario Court Declines to Enforce No-Challenge Patent Clause Ontario Court Declines to Enforce No-Challenge Patent Clause

Intellectual Property
March 25, 2020March 25, 20202020-03-25
On February 3, 2020, in Loops v. Maxill Inc., 2020 ONSC 971, the Ontario Superior Court (the Court) dismissed a motion by Loops, LLC (Loops) for an injunction prohibiting Maxill Canada from challenging the validity of a U.S. patent owned by Loops.  In reaching this decision, the Court declined to enforce a no-challenge clause contained in a settlement agreement between the parties. 
Deeth Williams Wall https://www.dww.com/articles/ontario-court-declines-to-enforce-nochallenge-patent-clause

Federal Court Applies Vavilov in Trademark Appeal Federal Court Applies Vavilov in Trademark Appeal

Trademark
March 25, 2020March 25, 20202020-03-25
On March 12, 2020, the Federal Court of Canada (FC) released its decision in Pentastar Transport Ltd v FCA US LLC, 2020 FC 367.  This case represents the first time the FC has determined the standard of review for decisions of the Registrar of Trademarks since the recent Supreme Court of Canada (SCC) case of Canada (Minister of Citizenship and Immigration) v Vavilov, as previously reported by the E-TIPS® Newsletter
Deeth Williams Wall https://www.dww.com/articles/federal-court-applies-vavilov-trademark-appeal

Ontario Superior Court of Justice Makes Determination on Copyright Infringement Involving Architectural Designs and Drawings Ontario Superior Court of Justice Makes Determination on Copyright Infringement Involving Architectural D...

Copyright
March 25, 2020March 25, 20202020-03-25
On February 14, 2020, in 1422986 Ontario Limited v 1833326 Ontario Limited, 2020 ONSC 1041, the Ontario Superior Court of Justice (the Court) determined that copyright in architectural designs and drawings subsist with the original creator, and designs that are substantially similar with only minor and insignificant differences may infringe copyright of the original designs.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-makes-determination-on-copyright-infringement-involving

US Decision on a dot-com Domain Name may Change the Registrability of Generic Trademarks US Decision on a dot-com Domain Name may Change the Registrability of Generic Trademarks

Trademark
March 25, 2020March 25, 20202020-03-25
On March 23, 2020, the U.S. Supreme Court was expected to hear arguments as to whether Booking.com can register its domain name, despite the US Patent and Trademark Office’s (USPTO) determination that it is not registrable.
Deeth Williams Wall https://www.dww.com/articles/us-decision-on-a-dotcom-domain-name-may-change-registrability-of-generic-trademarks

Health Canada Takes Steps to Streamline Access to COVID-19-Related Therapeutic Products Health Canada Takes Steps to Streamline Access to COVID-19-Related Therapeutic Products

Regulatory Law
March 24, 2020March 24, 20202020-03-24
Health Canada, the USFDA and their UK and European equivalents are taking steps to streamline approval and change notification processes for medical devices (especially masks and ventilators), COVID-19 diagnostic test kits (of which there are dozens of brands and approaches), and drugs for the prevention, diagnosis and treatment of COVID-19.
Deeth Williams Wall https://www.dww.com/articles/health-canada-takes-steps-to-streamline-access-to-covid19related-therapeutic-products

Federal Court of Appeal Considers Methods of Medical Treatment Federal Court of Appeal Considers Methods of Medical Treatment

Patent
March 11, 2020March 11, 20202020-03-11
On January 30, 2020, in Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30, the Federal Court of Appeal (the Court) considered an appeal raising issues of patent validity and infringement related to Canadian Patent No. 2,261,630.  In performing its validity analysis, the Court considered the prohibition against patenting methods of medical treatment.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-considers-methods-of-medical-treatment

Ontario Court Considers Whether Assignment Document is Determinative of Transfer Ontario Court Considers Whether Assignment Document is Determinative of Transfer

Litigation
March 11, 2020March 11, 20202020-03-11
On January 28, 2020, in Bridging Income Fund LP v 3886727 Canada Inc, 2020 ONSC 602, the Ontario Superior Court of Justice (Court) ruled that in a receivership,  an executed assignment document alone does not determine whether a trademark has been transferred from one party to another.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-considers-whether-assignment-document-determinative-of-transfer

Privacy Commissioners Announce Joint Investigation into Clearview AI Privacy Commissioners Announce Joint Investigation into Clearview AI

Privacy
March 11, 2020March 11, 20202020-03-11
On February 21, 2020, the Office of the Privacy Commissioner of Canada (OPC), and its counterparts in Quebec, British Columbia and Alberta (collectively, Privacy Regulators) announced that they will jointly investigate Clearview AI and its use of facial recognition technology. The Privacy Regulators’ investigation was initiated in the wake of media reports claiming that Clearview AI is using its technology to collect images and make facial recognition available to law enforcement for the purposes of identifying individuals.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioners-announce-joint-investigation-into-clearview-ai

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.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.