Taco Tuesday Trademark Spices up the Debate Around Enforcing Trademarks in the Social Media Age Taco Tuesday Trademark Spices up the Debate Around Enforcing Trademarks in the Social Media Age

Trademark
August 21, 2019August 21, 20192019-09-03
In July 2019, Wyoming-based restaurant Taco John’s sent a cease-and-desist letter to a local brewery five blocks from the restaurant’s national headquarters regarding their use of the US registered trademark TACO TUESDAY[1].  The cease-and-desist letter is not the first Taco John’s has sent as owners of the registered mark for approximately thirty years, but the letter has sparked some controversy given the recent spotlight upon the phrase thanks to social media.
Deeth Williams Wall https://www.dww.com/articles/taco-tuesday-trademark-spices-up-debate-around-enforcing-trademarks-social-media-age

Artificial Intelligence Files as the Inventor on Patent Applications Artificial Intelligence Files as the Inventor on Patent Applications

Information Technology
August 21, 2019August 21, 20192019-08-21
On August 1, 2019, the University of Surrey in the United Kingdom announced that a multi-disciplinary international team led by Ryan Abbott, a professor at the University of Surrey, filed the first ever patent applications that listed an artificial intelligence (AI) algorithm, Dabus AI, as the inventor. Dabus AI created easily graspable containers using fractal geometry, as well as a captivating rhythmic flashing warning light, which mimics brain activity. Patent applications for both these innovations have been filed in the UK, EU, and US.
Deeth Williams Wall https://www.dww.com/articles/artificial-intelligence-files-as-inventor-on-patent-applications

Federal Court Holds Toronto Woman Liable for the Trademark Infringement and Passing Off of Four Well-Known Luxury Brands Federal Court Holds Toronto Woman Liable for the Trademark Infringement and Passing Off of Four Well-Know...

Trademark and Copyright Litigation
August 21, 2019August 21, 20192019-08-21
On August 8, 2019, the Federal Court of Canada (the “Court”) held a Toronto woman liable for the trademark infringement and passing off of four established luxury brands.
Deeth Williams Wall https://www.dww.com/articles/federal-court-holds-toronto-woman-liable-for-trademark-infringement-and-passing-off-of

Trump Administration’s Draft Executive Order Will Narrow Liability Protection for Online Hosts of Third-Party User Content Trump Administration’s Draft Executive Order Will Narrow Liability Protection for Online Hosts of Third-P...

Information Technology
August 21, 2019August 21, 20192019-08-21
On August 9, 2019, the Trump administration drafted an executive order, entitled “Protecting Americans from Online Censorship”, that would use the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) to narrow the protection available to technology companies under Section 230 of the Communications Decency Act (Act), a part of the Telecommunications Act of 1996. 
Deeth Williams Wall https://www.dww.com/articles/trump-administration%E2%80%99s-draft-executive-order-will-narrow-liability-protection-for-online

Federal Court Finds No Confusion Between Loblaw’s and Pampered Chef’s PC Marks Federal Court Finds No Confusion Between Loblaw’s and Pampered Chef’s PC Marks

Trademark
August 7, 2019August 7, 20192019-08-07
On July 22, 2019, the Federal Court of Canada (FC) issued its decision in Loblaws Inc v Columbia Insurance Company, 2019 FC 961, a passing off and trademark infringement action.  In this case, the FC found that Loblaw Inc (Loblaw) failed to establish confusion between the defendants’, Columbia Insurance Company, The Pampered Chef Ltd, and Pampered Chef – Canada Corp (collectively, Pampered Chef), marks and Loblaw’s PC Marks.
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-no-confusion-between-loblaw%E2%80%99s-and-pampered-chef%E2%80%99s-pc-marks

Federal Court of Appeal Allows Appeal Relating to “Walker with Wheels” Patent Federal Court of Appeal Allows Appeal Relating to “Walker with Wheels” Patent

Patent
August 7, 2019August 7, 20192019-08-07
On July 18, 2019, in Evolution Technologies Inc v Human Care Canada Inc, 2019 FCA 209, the Federal Court of Appeal (Appeal Court) set aside a judgment of the Federal Court (Trial Court) that held that Evolution Technologies Inc infringed Human Care Canada Inc’s Canadian Patent Number 2,492,392 for “rollators”, or more colloquially known as “walkers with wheels”. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-allows-appeal-relating-to-%E2%80%9Cwalker-wheels%E2%80%9D-patent

Canada's Privacy Commissioner Opens Investigation into Capital One Data Breach Canada's Privacy Commissioner Opens Investigation into Capital One Data Breach

Privacy
August 7, 2019August 7, 20192019-08-07
On July 31, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced that it is investigating a massive data breach at Capital One Financial Corporation (Capital One). The breach is reported to affect approximately 6 million Canadians and 100 million Americans whose personal information has been accessed without authorization. 
Deeth Williams Wall https://www.dww.com/articles/canadas-privacy-commissioner-opens-investigation-into-capital-one-data-breach

Ontario Superior Court Considers Court Ordered Discovery Plans Ontario Superior Court Considers Court Ordered Discovery Plans

Trademark and Copyright Litigation
August 7, 2019August 7, 20192019-08-07
On July 18, 2019, the Ontario Superior Court of Justice (Court) issued the decision Sullivan v Northwood Media Inc, 2019 ONSC 9 (Sullivan). In Sullivan, the Court considered recent amendments to the Ontario Rules of Civil Procedure, which empower courts to order discovery plans. 
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-considers-court-ordered-discovery-plans

$5 Billion FTC Settlement with Facebook Challenged by Consumer Privacy Group $5 Billion FTC Settlement with Facebook Challenged by Consumer Privacy Group

Privacy
August 7, 2019August 7, 20192019-08-08
On July 25, 2019, the consumer privacy group Electronic Privacy Information Center (EPIC) filed a challenge to the proposed privacy settlement between the Federal Trade Commission (FTC) and Facebook Inc (previously reported by the E-TIPS® Newsletter here).
Deeth Williams Wall https://www.dww.com/articles/5-billion-ftc-settlement-facebook-challenged-by-consumer-privacy-group

Embedding Facebook “Like” Social Plug-In Makes Website Operators Joint Controllers of Data under European Privacy Law Embedding Facebook “Like” Social Plug-In Makes Website Operators Joint Controllers of Data under European...

Privacy
August 7, 2019August 7, 20192019-08-07
On July 29, 2019, the European Union’s Court of Justice (Court) ruled that third-party websites embedding a social plugin that allows users to click Facebook Inc’s (Facebook) “Like” button makes the third-parties joint controllers of the data in accordance with the European privacy laws.  The decision could have serious repercussions for website operators, as they now require a user’s consent to transfer personal data to social media companies by way of social plug-ins.
Deeth Williams Wall https://www.dww.com/articles/embedding-facebook-%E2%80%9Clike%E2%80%9D-social-plugin-makes-website-operators-joint-controllers-of-data

Nike Files Countersuit Against Kawhi Leonard Over Use of “Klaw” Logo Nike Files Countersuit Against Kawhi Leonard Over Use of “Klaw” Logo

Trademark and Copyright Litigation
July 24, 2019July 24, 20192019-07-24
On July 17, 2019, Nike, Inc (Nike), filed a countersuit against former Toronto Raptor Kawhi Leonard over his use of the "Klaw" logo.  Nike’s countersuit comes approximately one month after Leonard filed his own lawsuit against Nike claiming that he designed the “Klaw” logo as previously reported by the E-TIPS® Newsletter here. 
Deeth Williams Wall https://www.dww.com/articles/nike-files-countersuit-against-kawhi-leonard-over-use-of-%E2%80%9Cklaw%E2%80%9D-logo

Facebook to be Fined $5 Billion by FTC for 2018 Cambridge Analytica Scandal Facebook to be Fined $5 Billion by FTC for 2018 Cambridge Analytica Scandal

Privacy
July 24, 2019July 24, 20192019-07-24
On July 12, 2019, the Federal Trade Commission (FTC) reportedly approved a roughly $5 billion settlement with Facebook Inc (Facebook) following a probe into the company’s data practices. The settlement, if approved by the Justice Department, would include the largest fine ever imposed by the US Federal Government against a technology company. 
Deeth Williams Wall https://www.dww.com/articles/facebook-to-be-fined-5-billion-by-ftc-for-2018-cambridge-analytica-scandal

Nine States Pass New and Expanded Data Breach Notification Legislation Nine States Pass New and Expanded Data Breach Notification Legislation

Privacy
July 24, 2019July 24, 20192019-07-24
With the recent news of the California Consumer Privacy Act being signed into law this past June, other states have ramped up their efforts in passing their own privacy and cybersecurity legislation. With no federal legislation akin to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) in the United States, state governments are expected to develop privacy and data protection legislation that governs privately held companies.
Deeth Williams Wall https://www.dww.com/articles/nine-states-pass-new-and-expanded-data-breach-notification-legislation

New Patent Rules Come into Force on October 30, 2019 New Patent Rules Come into Force on October 30, 2019

Patent
July 24, 2019July 24, 20192019-07-24
On July 10, 2019 the Canadian government published finalized amendments to the Patent Rules, which, along with amendments to the Patent Act, come into force on October 30, 2019. The new Patent Rules ratify the Patent Law Treaty, which Canada signed in 2001.  Some notable changes to the Patent Rules include:
Deeth Williams Wall https://www.dww.com/articles/new-patent-rules-come-into-force-on-october-30-2019

Health Canada Publishes Pre-market Requirements for Medical Device Cybersecurity Guidance Health Canada Publishes Pre-market Requirements for Medical Device Cybersecurity Guidance

Regulatory Law
July 24, 2019July 24, 20192019-07-24
On June 26, 2019, Health Canada published its guidance document on pre-market requirements for medical device cybersecurity (Guidance). The Guidance advises manufacturers and regulatory representatives on how to reduce cybersecurity risks associated with their medical devices.
Deeth Williams Wall https://www.dww.com/articles/health-canada-publishes-premarket-requirements-for-medical-device-cybersecurity-guidance

Marriott International Faces £99.2 Million Fine for Data Breach Marriott International Faces £99.2 Million Fine for Data Breach

Privacy
July 24, 2019July 24, 20192019-07-25
On July 9, 2019, the UK’s Information Commissioner Office (ICO) announced its intention to fine Marriott International Inc (Marriott) £99.2 million (approximately $162 million CAD) under the GDPR. The fine is a result of a major data breach reported by the hotel group in November 2018, which is thought to have affected over 350 million guests globally. Marriott will have an opportunity to make representations to the ICO before the ICO makes its final decision. 
Deeth Williams Wall https://www.dww.com/articles/marriott-international-faces-%C2%A3992-million-fine-for-data-breach

UK Data Watchdog Announces Intention to Fine British Airways £183.39m for Data Breach Incident UK Data Watchdog Announces Intention to Fine British Airways £183.39m for Data Breach Incident

Privacy
July 10, 2019July 10, 20192019-07-10
On July 8, 2019, the United Kingdom Information Commissioner’s Office (ICO) announced its intention to fine British Airways an unprecedented £183.39m in response to a data breach incident last year that affected approximately 500,000 customers.
Deeth Williams Wall https://www.dww.com/articles/uk-data-watchdog-announces-intention-to-fine-to-british-airways-%C2%A318339m-for-data-breach

Canadian Food Inspection Agency Publishes Proposed Changes to Food Labelling Regulations Canadian Food Inspection Agency Publishes Proposed Changes to Food Labelling Regulations

Regulatory Law
July 10, 2019July 10, 20192019-07-10
On June 22, 2019, the Canadian Food Inspection Agency (CFIA) published proposed amendments to the Food and Drug Regulations and Safe Food for Canadians Regulations in the Canada Gazette, Part I.  The amendments made substantial changes to food labelling requirements.  Accordingly, the CFIA is accepting feedback on the proposed changes until September 4, 2019.
Deeth Williams Wall https://www.dww.com/articles/canadian-food-inspection-agency-publishes-proposed-changes-to-food-labelling-regulations

Federal Court Awards Statutory Damages in Copyright Claim Federal Court Awards Statutory Damages in Copyright Claim

Trademark and Copyright Litigation
July 10, 2019July 10, 20192019-07-10
On June 20, 2019, the Federal Court (the Court) issued its decision in Young v Thakur, 2019 FC 835, allowing in part an application by Melodie Young and Melxdie Entertainment Inc. (the Applicants).  The Applicants allege that Rohit Thakur and Badmash Factory (the Respondents) infringed the Applicants’ copyright in their musical work and sound recording (collectively, Works).
Deeth Williams Wall https://www.dww.com/articles/federal-court-awards-statutory-damages-copyright-claim

Sidewalk Labs’ Draft Plan for Toronto’s Waterfront Sparks Privacy Concerns Sidewalk Labs’ Draft Plan for Toronto’s Waterfront Sparks Privacy Concerns

Privacy
July 10, 2019July 10, 20192019-07-10
On June 24, 2019, Sidewalk Labs LLC released a draft Master Innovation and Development Plan (MIDP), outlining their proposal for the development of Toronto’s waterfront Quayside. The proposed development plan has been the subject of criticism and controversy surrounding the proposed collection and use of data within the development.
Deeth Williams Wall https://www.dww.com/articles/sidewalk-labs%E2%80%99-draft-plan-for-toronto%E2%80%99s-waterfront-sparks-privacy-concerns

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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