Ontario Court Reverses NAF's Decision in the Canadian.biz Case Ontario Court Reverses NAF's Decision in the Canadian.biz Case

Litigation
August 1, 2002August 1, 20022015-07-08
On July 7, 2002, the fight over the Canadian.biz domain name was taken to the next level. The registrant of the domain name appealed the previous National Arbitration Forum ("NAF") decision to the Ontario Superior Court. The dispute resolution panellist of the NAF had ordered that the domain name Canadian.biz be transferred to Molson Canada, owners of the trade-mark "Canadian".
Deeth Williams Wall https://www.dww.com/articles/ontario-court-reverses-nafs-decision-canadianbiz-case

Canadian Commissioner of Patents Decisions Online Canadian Commissioner of Patents Decisions Online

Patent
August 1, 2002August 1, 20022015-07-08
The public can now access decisions issued by the Canadian Commissioner of Patents since 1970. Through the Canadian Intellectual Property Office CIPO website, users can search the online database for decisions by keyword, date or file particulars, or browse by topics. Practitioners, in particular, will find this a useful resource for current decisions on many areas of Canadian patent practice.
Deeth Williams Wall https://www.dww.com/articles/canadian-commissioner-of-patents-decisions-online

Canadian Government Launches Online Filing Centre for Industrial Design Applications Canadian Government Launches Online Filing Centre for Industrial Design Applications

Industrial Design
August 1, 2002August 1, 20022015-07-08
The Canadian Intellectual Property Office (CIPO) has launched an electronic processing system for industrial design applications and amendments, including the recording of assignments affecting pending and newly registered designs.
Deeth Williams Wall https://www.dww.com/articles/canadian-government-launches-online-filing-centre-for-industrial-design-applications

German Court Uses EU Database Directive to Ban Deep-linking German Court Uses EU Database Directive to Ban Deep-linking

Litigation
August 1, 2002August 1, 20022015-07-08
A German court has ruled that a German news search service, Newsclub, is violating the EU Database Directive by searching through and deep-linking to the website of a German newspaper.
Deeth Williams Wall https://www.dww.com/articles/german-court-uses-eu-database-directive-to-ban-deeplinking

Eli Lilly Fined for Accidental Disclosure of Personal Information Eli Lilly Fined for Accidental Disclosure of Personal Information

Privacy
August 1, 2002August 1, 20022015-07-08
Eli Lilly has reached a settlement with a number of states in the U.S. including New York in connection with its accidental disclosure of personal information of subscribers to an e-mail reminder service for the drug Prozac. On one occasion, the company sent an e-mail reminder using the "To:" button to address the e-mail as opposed to the blind copying feature. The settlement agreement requires Eli Lilly to strengthen its internal standards relating to privacy protection, training, and monitoring. Eli Lilly will also institute automated checks for any of its software that accesses consumer information databases. The company will also undergo annual, independent compliance reviews over the next five years and report the findings of those reviews to the states. This is in addition to a payment of $160,000 to the states involved.
Deeth Williams Wall https://www.dww.com/articles/eli-lilly-fined-for-accidental-disclosure-of-personal-information

Ted Turner Loses Claim to TedTurner.com Ted Turner Loses Claim to TedTurner.com

Domain Names
August 1, 2002August 1, 20022015-07-08
Recently, a split World Intellectual Property Organization (WIPO) Panel ruled against Ted Turner, refusing his ICANN UDRP claim for the domain name tedturner.com, which was registered by a Montreal student in 1999. The dispute over the domain name began when Mr. Turner and his "˜Ted Turner Film Properties LLC' (TTFP) filed a US trade-mark application for "˜Ted Turner Pictures LLC'.
Deeth Williams Wall https://www.dww.com/articles/ted-turner-loses-claim-to-tedturnercom

U.S. Court of Appeals Releases Decision re "Barbie Girl" U.S. Court of Appeals Releases Decision re "Barbie Girl"

Litigation
August 1, 2002August 1, 20022015-07-08
The U.S. Federal Court of Appeals recently upheld a lower court decision dismissing an action brought by Mattel against MCA Records, alleging trade-mark infringement and dilution over the music company's 1997 hit song "Barbie Girl". Mattel, a toy company, owns the trade-mark rights to BARBIE. It is also the maker of the Barbie doll. In 1997, a pop band called Aqua produced a song titled "Barbie Girl" on its album Aquarium. In the song, one band member impersonates Barbie, singing in high pitch doll-like voice and another band member calling himself Ken entices Barbie to "Go Party". In its action, Mattel alleges that MCA's use of the term "Barbie" constitutes trade-mark infringement as it is likely to confuse consumers as to Mattel's affiliation with Barbie Girl or dilute the BARBIE mark.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-releases-decision-re-barbie-girl

Ontario Court Awards Higher Damages for Online Defamation Ontario Court Awards Higher Damages for Online Defamation

Litigation
August 1, 2002August 1, 20022015-07-08
In a recent defamation case involving false statements published on a number of websites, the Ontario Superior Court awarded damages and legal costs to the successful plaintiffs significantly greater in total than if the defamation had not been so published.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-awards-higher-damages-for-online-defamation

CRTC Calls for Public Comment on Internet Retransmission CRTC Calls for Public Comment on Internet Retransmission

Telecommunications
August 1, 2002August 1, 20022015-07-08
The Canadian Radio-television and Telecommunications Commission ("CRTC") has issued a call for comment on Internet retransmission of over-the-air television and radio signals by third parties inviting the public to address such issues as the potential impact of Internet retransmission on:
Deeth Williams Wall https://www.dww.com/articles/crtc-calls-for-public-comment-on-internet-retransmission

Lawyers Use EBay to Buy Evidence Lawyers Use EBay to Buy Evidence

Litigation
August 1, 2002August 1, 20022015-09-23
EBay is quickly becoming an important source for legal evidence by lawyers in major litigation proceedings, such as class action suits. The Internet based auction acts like a time capsule, offering history for sale. One can easily find historic corporate documents, manuals, and product catalogues on the site. In cases of illnesses that do not develop for years after initial exposure, such as asbestos exposure and lung cancer, historic documents may be the only way to prove how the exposure occurred and point out the responsible party.
Deeth Williams Wall https://www.dww.com/articles/lawyers-use-ebay-to-buy-evidence

Theft of Trade Secrets Results in Jail Time Theft of Trade Secrets Results in Jail Time

Trade-secret
August 1, 2002August 1, 20022015-09-23
On July 11, 2002, the California Supreme Court unanimously ruled that the theft of trade secrets worth more than $50,000 could trigger a state statute requiring a minimum jail sentence as a condition of probation. The decision stemmed from the case of People v Farrell. Farrell had pleaded no contest to the theft of confidential information valued at over $2.5 million. A lower court had held that The Economic Crime Law of 1992 only applied to the theft of "monetary property".
Deeth Williams Wall https://www.dww.com/articles/theft-of-trade-secrets-results-jail-time

Site of the Week: www.webopedia.com Site of the Week: www.webopedia.com

Information Technology
August 1, 2002August 1, 20022015-09-23
This is an online dictionary for IT and Internet related terms and jargon. What sets it apart from other similar sites is that it is easy to use and it has an up-to-date and comprehensive database.
Deeth Williams Wall https://www.dww.com/articles/site-of-week-wwwwebopediacom

Regulation of Natural Health Products in Canada Regulation of Natural Health Products in Canada

Natural Health Products
July 24, 2002July 24, 20022015-07-08
Regulation of Natural Health Products in Canada* (PDF Format) By Gordon S. Jepson * With permission from FDLI
Deeth Williams Wall https://www.dww.com/articles/regulation-of-natural-health-products-canada

Danish Court Orders Ban on "Deep Linking" Danish Court Orders Ban on "Deep Linking"

Litigation
July 18, 2002July 18, 20022015-07-08
A Danish court recently ordered an Internet news service to stop its practice of "deep linking" to other sites. A "deep link" is a direct link to a specific web page within a web site, thereby bypassing the main page of the web site. "Deep links" are very common throughout the Internet. For example, the results provided by search engines are often lists of "deep links". The case before the Danish court stemmed out of a complaint against Newsbooster.com by the Danish Newspaper Publishers' Association (DNPA).
Deeth Williams Wall https://www.dww.com/articles/danish-court-orders-ban-on-deep-linking

Amazon.ca Overcomes Legal Hurdle Amazon.ca Overcomes Legal Hurdle

Information Technology
July 18, 2002July 18, 20022015-07-08
The Department of Canadian Heritage announced on July 10th, 2002 that Amazon.ca did not break Canadian foreign investment rules by setting up shop in Canada. As previously reported in E-TIPS, the Department of Canadian Heritage had launched an investigation to determine whether Amazon.ca fell under the jurisdiction of the Investment Canada Act, which requires booksellers to be majority-owned by Canadians. In coming to its decis
Deeth Williams Wall https://www.dww.com/articles/amazonca-overcomes-legal-hurdle

City of Liverpool Bans Use of Emails on Wednesdays City of Liverpool Bans Use of Emails on Wednesdays

Information Technology
July 18, 2002July 18, 20022015-07-08
In an attempt to force face-to-face communications in the workplace, Liverpool's city council has banned the use of internal emails by its staff – but only on Wednesdays. Before the ban, email accounted for 95% of internal communications between staff. The Liverpool council's chief executive implemented the one-day a week ban on email as an experiment to determine if email is really the most efficient way to communicate.
Deeth Williams Wall https://www.dww.com/articles/city-of-liverpool-bans-use-of-emails-on-wednesdays

Canadian.biz Domain Decision Appealed Canadian.biz Domain Decision Appealed

Domain Names
July 18, 2002July 18, 20022015-07-08
As reportedin the last issue of E-TIPS, the National Arbitration Forum ("NAF") recently ordered that the domain name Canadian.biz be transferred to Molson Canada, owners of the trademark "Canadian".
Deeth Williams Wall https://www.dww.com/articles/canadianbiz-domain-decision-appealed

US Court of Appeals Rules on Validity of Patents on Remote Database Access US Court of Appeals Rules on Validity of Patents on Remote Database Access

Patent
July 18, 2002July 18, 20022015-07-08
The US Court of Appeals for the Federal Circuit recently examined the validity of 3 patents relating to information access from a remote database in a patent infringement suit in the case of Netscape Communications v. Konrad. The patentee claimed that the information systems of several large corporate defendants fell within the patents.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-rules-on-validity-of-patents-on-remote-database-access

"Notorious Typosquatter" is Ordered to Transfer Domain Name "Notorious Typosquatter" is Ordered to Transfer Domain Name

Domain Names
July 18, 2002July 18, 20022015-07-08
On June 25, 2002, a panel at the National Arbitration Forum (NAF) ordered that the domain name popularmachanics.com be transferred from "notorious typosquatter" John Zuccarini to Hearst Communications, Inc., owner of U.S. trademarks for Popular Mechanics and the domain name popularmechanics.com.
Deeth Williams Wall https://www.dww.com/articles/notorious-typosquatter-ordered-to-transfer-domain-name

The American Civil Liberties Union Warns of Monopoly by U.S. Cable Companies The American Civil Liberties Union Warns of Monopoly by U.S. Cable Companies

Information Technology
July 18, 2002July 18, 20022015-07-08
The American Civil Liberties Union (ACLU) released a report regarding high speed cable modem service providers in the U.S. (ACLU Report).
Deeth Williams Wall https://www.dww.com/articles/american-civil-liberties-union-warns-of-monopoly-by-us-cable-companies

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.