Supreme Court of Newfoundland and Labrador on Confidentiality, Competition and Trade Secrets Supreme Court of Newfoundland and Labrador on Confidentiality, Competition and Trade Secrets

Trade-secret
March 6, 2019March 6, 20192019-03-06
On February 21, 2019, the Supreme Court of Newfoundland and Labrador General Division (Co
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-newfoundland-and-labrador-on-confidentiality-competition-and-trade

Privacy Commissioner to Launch Investigation Into Sale of “Anonymized” Health Data Privacy Commissioner to Launch Investigation Into Sale of “Anonymized” Health Data

Privacy
March 6, 2019March 6, 20192019-03-06
On February 20, 2019, the Toronto Star (“Star”) reported that the Office of the Information and Privacy Commissioner of Ontario is launching an investigation into the sale of anonymized health data to IQVIA, a US bas
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-to-launch-investigation-into-sale-of-%E2%80%9Canonymized%E2%80%9D-health-data

Federal Court Dismisses Application to Expunge Horlicks Trademarks Federal Court Dismisses Application to Expunge Horlicks Trademarks

Trademark
March 6, 2019March 6, 20192019-03-06
On February 19, 2019, the Federal Court (Court) issued its decision in Bedessee Imports Ltd. v.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-application-to-expunge-horlicks-trademarks

Nike and the NBA Sued for Copyright Infringement Over Rapper-Inspired Jerseys Nike and the NBA Sued for Copyright Infringement Over Rapper-Inspired Jerseys

Trademark
March 6, 2019March 6, 20192019-03-06
The Brooklyn Nets of the National Basketball Association (NBA") recently wore limited-edition basketball jerseys inspired by Brooklyn-native rapper Notorious B.I.G.  The music artist, who was murdered in 1997, was known for his love for Brooklyn, lyrical ability and bright and colourful sweaters.  The NBA basketball team paid homage by including a de
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ISED Canada Announces Patent Collective Pilot Program ISED Canada Announces Patent Collective Pilot Program

Patent
February 20, 2019February 20, 20192019-02-20
On February 13, 2019, Innovation, Science and Economic Development Canada (ISEDC) announced the
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Health Canada Releases its Regulatory Framework for Software as a Medical Device Health Canada Releases its Regulatory Framework for Software as a Medical Device

Regulatory Law
February 20, 2019February 20, 20192019-02-22
On January 29, 2019, Health Canada published its Draft Guidance Document for Software as a Medical Device (SaMD) to help clarify the regulatory
Deeth Williams Wall https://www.dww.com/articles/health-canada-releases-its-regulatory-framework-for-software-as-a-medical-device

Federal Court of Appeal Upholds Punitive Damages in Patent Case Federal Court of Appeal Upholds Punitive Damages in Patent Case

Patent
February 20, 2019February 20, 20192019-02-20
On February 11, 2019, in Airbus Helicopters SAS v Bell Helicopter Textron Canada Limitée, 2019 FCA 29, the Federal Court of Appeal (FCA) upheld
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-punitive-damages-patent-case

US Copyright Office Refuses Registration of Dance Moves US Copyright Office Refuses Registration of Dance Moves

Copyright
February 20, 2019February 20, 20192019-02-20
On January 22, 2019, the US Copyright Office refused registration for “The Carlton” dance.  “The Carlton” was made famous by Mr Alfonso Ribeiro (Ribeiro) through his performance on the early 90’s TV show, "The Fresh Prince of Bel-Air".  In issuing its
Deeth Williams Wall https://www.dww.com/articles/us-copyright-office-refuses-registration-of-dance-moves

Fashion Designer Wins Landmark Trademark Dispute over Red-Soled Shoes Fashion Designer Wins Landmark Trademark Dispute over Red-Soled Shoes

Trademark
February 20, 2019February 20, 20192019-02-20
On February 6, 2019, French shoe designer Maison Christian Louboutin struck a victory in The Hague District Court against high street shoe brand Van Haren over the protection of the red soles on their shoes.  The case in the Netherlands dates back to 2012, and follows a June 2018 decision, previously reported in the E-TIPS® Newsletter
Deeth Williams Wall https://www.dww.com/articles/fashion-designer-wins-landmark-trademark-dispute-over-redsoled-shoes

Toronto Maple Leafs Oppose Snoop Dogg’s Cannabis Related Trademarks Toronto Maple Leafs Oppose Snoop Dogg’s Cannabis Related Trademarks

Trademark
February 20, 2019February 20, 20192019-02-20
The Canadian Intellectual Property Office (CIPO) has seen thousands of trademark applications from the cannabis industry.  In fact, there are currently more than 3,700 trademark applications pending in Canada covering “cannabis” or “marijuana”.
Deeth Williams Wall https://www.dww.com/articles/toronto-maple-leafs-oppose-snoop-dogg%E2%80%99s-cannabis-related-trademarks

Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use Federal Court of Appeal Holds That Distinctiveness Can Only Be Acquired By Use in Canada, Not Foreign Use

Trademark
February 6, 2019February 6, 20192019-02-06
On January 17, 2019, the Federal Court of Appeal (FCA) published its decision in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd (2019 FCA 10), dismissing the appeal of Sadhu Singh Hamdard Tr
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-holds-distinctiveness-can-only-be-acquired-by-use-canada-not

OSFI Releases Advisory on New Technology and Incident Reporting Requirements OSFI Releases Advisory on New Technology and Incident Reporting Requirements

Information Technology
February 6, 2019February 6, 20192019-02-06
On January 24, 2019, the Office of the Superintendent of Financial Institutions (OSFI) released a Technology and Cybersecurity Incident Reporting Advisory (Advisory) that creates new incident reporting obligations applicable to all FRFIs, effective as of March 31, 2019.
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Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation Proposed Regulations on Cannabis Edibles, Extracts and Topicals Published for Consultation

Regulatory Law
January 23, 2019January 23, 20192019-01-23
On December 22, 2018, Regulations Amending the Cannabis Regulations (New Classes of Cannabis) and 
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Football Player's Trademark Application Denied Due to False Connection Football Player's Trademark Application Denied Due to False Connection

Trademark
January 23, 2019January 23, 20192019-01-23
As previously reported in the E-TIPS® Newsletter, Miami Dolphins defensive b
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Roots Attempts to Strike CABIN FEVER & Design Trademark Roots Attempts to Strike CABIN FEVER & Design Trademark

Trademark
January 23, 2019January 23, 20192019-01-23
On January 8, 2019, the Federal Court of Canada (Court) issued its decision in Roots Corporation v YM Inc (Sales), (2019 FC 16) dismissi
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California Judge Rules Law Enforcement Can’t Force Biometric Use to Unlock Phones California Judge Rules Law Enforcement Can’t Force Biometric Use to Unlock Phones

Privacy
January 23, 2019January 23, 20192019-01-23
On January 10, 2019, Judge Kandis Westmore of the United States District Court for the Northern District of California (Court) ruled that law enforcement agencies can’t compel suspects to unlock their smartphones using biometric
Deeth Williams Wall https://www.dww.com/articles/california-judge-rules-law-enforcement-can%E2%80%99t-force-biometric-use-to-unlock-phones

Privacy Breach Class Action Against Bankruptcy Trustee Fails Privacy Breach Class Action Against Bankruptcy Trustee Fails

Privacy
January 23, 2019January 23, 20192019-01-23
On December 27, 2018, in Netlink Computer Inc (Re), (2018 BCSC 2309) the Supreme Court of British Columbia (Court) dismissed an application for leave to sue a trustee in bankruptcy for the alleged impro
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Bill C-86 Receives Royal Assent - Makes Substantial Changes to the Patent Act Bill C-86 Receives Royal Assent - Makes Substantial Changes to the Patent Act

Patent
January 23, 2019January 23, 20192019-01-23
On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, received royal assent.  Though a budget implementation bill, it, among other things, amends the
Deeth Williams Wall https://www.dww.com/articles/bill-c86-receives-royal-assent-makes-substantial-changes-to-patent-act