New CASL Guidelines Spell Onerous Obligations and Potential Liability for Digital Businesses New CASL Guidelines Spell Onerous Obligations and Potential Liability for Digital Businesses

Telecommunications
November 28, 2018November 28, 20182018-11-28
On November 5, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) released Compliance and Enforcement Information Bulletin CRTC 2018-415 (CRTC 2018-415) on Canada's Anti-Spam Legislation (CASL) that may ha
Deeth Williams Wall https://www.dww.com/articles/new-casl-guidelines-spell-onerous-obligations-and-potential-liability-for-digital

Federal Court Reaffirms Principle that Copyright Protects Expression, Not Ideas Federal Court Reaffirms Principle that Copyright Protects Expression, Not Ideas

Copyright
November 28, 2018November 28, 20182018-11-28
On November 15, 2018, the Federal Court of Canada (Court) issued its decision in Dean Joseph Evans v Discovery Communications LLC (2018 FC 1153) summarily dismissing the action for copyright infri
Deeth Williams Wall https://www.dww.com/articles/federal-court-reaffirms-principle-copyright-protects-expression-not-ideas

Cannabis Consumers Warned over Potential Privacy Implications of Online Cannabis Purchases Cannabis Consumers Warned over Potential Privacy Implications of Online Cannabis Purchases

Privacy
November 28, 2018November 28, 20182018-11-28
Canada’s Privacy Commissioner (CPC) is preparing to issue guidance for online cannabis purchasers amidst concerns of potential fallout, such as being barred from entry into the United States if transactions become known by third parties.
Deeth Williams Wall https://www.dww.com/articles/cannabis-consumers-warned-over-potential-privacy-implications-of-online-cannabis-purchases

The Government Proposes Patent Act Amendments to Regulate Written Demands The Government Proposes Patent Act Amendments to Regulate Written Demands

Patent
November 14, 2018November 14, 20182018-11-14
On October 29, 2018, Bill C-86, the Budget Implementation Act (the “Bill”), received its first reading in the House of Commons. The Bill proposes many amendments to various pieces of legislation.
Deeth Williams Wall https://www.dww.com/articles/government-proposes-patent-act-amendments-to-regulate-written-demands

Bunny Brand Has Its Day in Court Bunny Brand Has Its Day in Court

Trademark
November 14, 2018November 14, 20182018-11-14
On October 29, 2018, in Energizer Brands, LLC v The Gillette Company, 2018 FC 1003, the Court granted in part The Gillette Company (Duracell)’s motion to strike certain allegations from Energizer’s Statement of Claim.
Deeth Williams Wall https://www.dww.com/articles/bunny-brand-has-its-day-court

Ontario Cannabis Store Privacy Breach Affects Thousands of Recreational Cannabis Buyers Ontario Cannabis Store Privacy Breach Affects Thousands of Recreational Cannabis Buyers

Privacy
November 14, 2018November 14, 20182018-11-14
On November 7, 2018, the Ontario Cannabis Store (“OCS”) announced it had suffered a privacy breach involving approximately 4,500 customers who purchased recreational cannabis online.
Deeth Williams Wall https://www.dww.com/articles/ontario-cannabis-store-privacy-breach-affects-thousands-of-recreational-cannabis-buyers

Canada Modernizes its Industrial Design Regime to Implement the Hague Agreement Canada Modernizes its Industrial Design Regime to Implement the Hague Agreement

Industrial Design
November 14, 2018November 14, 20182018-11-14
On November 5, 2018, extensive changes to Canada’s Industrial Design Act (Act), Industrial Design Regulations (Regulations) and Industrial Design Practice Manual (Manual), came into effect (previously reported in
Deeth Williams Wall https://www.dww.com/articles/canada-modernizes-its-industrial-design-regime-to-implement-hague-agreement

Controversial "Mansized" Tissues Pulled from U.K. Stores Amidst Complaints of Sexism Controversial "Mansized" Tissues Pulled from U.K. Stores Amidst Complaints of Sexism

Trademark
November 14, 2018November 14, 20182018-11-14
When searching for a trademark, one should consider all connotations, and potential public outcry, stemming from the use of the mark.  Kleenex learned that lesson first-hand over the last few weeks after their use of the term "Mansize" to describe extra-large tissues faced consumer complaints of being sexist.
Deeth Williams Wall https://www.dww.com/articles/controversial-mansized-tissues-pulled-from-uk-stores-amidst-complaints-of-sexism

United States Court of Appeals Considers Patent-Eligibility of Spreadsheet Tabs United States Court of Appeals Considers Patent-Eligibility of Spreadsheet Tabs

Patent
October 31, 2018October 31, 20182018-10-31
On October 9, 2018, the United States Court of Appeals for the Federal Circuit (“the Court”), in Data Engine Techs. LLC v. Google LLC, considered whether the asserted claims of U.S. Patent Nos.
Deeth Williams Wall https://www.dww.com/articles/united-states-court-of-appeals-considers-patenteligibility-of-spreadsheet-tabs

Federal Court of Appeal finds CRTC’s Regulation of Affiliation Agreements as Ultra Vires Federal Court of Appeal finds CRTC’s Regulation of Affiliation Agreements as Ultra Vires

Copyright
October 31, 2018October 31, 20182018-10-31
On October 1, 2018, in Bell Canada v 7265921 Canada Ltd (2018 FCA 174), the Federal Court of Appeal (Court) found that the Canadian Radio-Television Commission (CRTC)’s regulation of
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-crtc%E2%80%99s-regulation-of-affiliation-agreements-as-ultra-vires

Federal Court Rules That Official Mark Status is Not a Defence to Trademark Infringement Federal Court Rules That Official Mark Status is Not a Defence to Trademark Infringement

Trademark and Copyright Litigation
October 31, 2018October 31, 20182018-10-31
On October 4, 2018, in Quality Program Services Inc v Her Majesty the Queen in Right of Ontario as Represented by the Minister of Energy (2018 FC 971), the Federal Court ruled that the Ontario g
Deeth Williams Wall https://www.dww.com/articles/federal-court-rules-official-mark-status-not-a-defence-to-trademark-infringement

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