UK Comedian Changes His Name to Hugo Boss in Protest UK Comedian Changes His Name to Hugo Boss in Protest

Trademark
March 11, 2020March 11, 20202020-03-11
On March 1, 2020, UK comedian Joe Lycett announced that he had legally changed his name to Hugo Boss in protest of cease and desist letters sent by the German fashion brand with the same name.
Deeth Williams Wall https://www.dww.com/articles/uk-comedian-changes-his-name-to-hugo-boss-protest

LifeLabs Seeks Court Protection to Block Demand by BC’s Privacy Commissioner for Cyberattack Report LifeLabs Seeks Court Protection to Block Demand by BC’s Privacy Commissioner for Cyberattack Report

Privacy
March 11, 2020March 11, 20202020-03-11
LifeLabs Medical Laboratory Services Inc (LifeLabs) filed a petition in British Columbia’s Supreme Court to prevent the Office of the Information and Privacy Commissioner of British Columbia from accessing a report written by CrowdStrike, a cybersecurity firm, in the wake of the LifeLabs hack discovered last October.
Deeth Williams Wall https://www.dww.com/articles/lifelabs-seeks-court-protection-to-block-demand-by-bc%E2%80%99s-privacy-commissioner-for

Alberta Court Rules that Machines Cannot be Indirectly Protected through Copyright Alberta Court Rules that Machines Cannot be Indirectly Protected through Copyright

Copyright
March 11, 2020March 11, 20202020-03-11
On December 19, 2019, in Proline Pipe Equipment Inc v Provincial Rentals Ltd, 2019 ABQB 983, the Court of Queen’s Bench of Alberta (Court) ruled that copyright does not exist in pipe bending machines. The Court’s ruling reinforces the principle that copyright subsists in the expression of ideas, rather than the ideas themselves.
Deeth Williams Wall https://www.dww.com/articles/alberta-court-rules-machines-cannot-be-indirectly-protected-through-copyright

Federal Court of Appeal Clarifies the Standard for Granting Protective Orders Federal Court of Appeal Clarifies the Standard for Granting Protective Orders

Litigation
February 26, 2020February 26, 20202020-02-28
Recent decisions issued by the Federal Court of Canada (FCC) have raised uncertainty with respect to the granting of protective orders (as reported by the E-TIPS® Newsletter here and here) and whether the onerous test articulated in Sierra Club of Canada v Canada (Minister of Finance), 2002 SCC 41 (S
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-clarifies-standard-for-granting-protective-orders

New Rules for Mandatory Electronic Trademark Filing at the USPTO New Rules for Mandatory Electronic Trademark Filing at the USPTO

Trademark
February 26, 2020February 26, 20202020-02-26
On February 15, 2020, new rules for mandatory electronic trademark filing with the United States Patent and Trademark Office (USPTO) came into effect. The new rules require all trademark submissions to be filed electronically, unless an exception for paper filing applies.
Deeth Williams Wall https://www.dww.com/articles/new-rules-for-mandatory-electronic-trademark-filing-at-uspto

Wuhan Institute of Virology Applies for Patent on US Drug to Fight Coronavirus Wuhan Institute of Virology Applies for Patent on US Drug to Fight Coronavirus

Patent
February 26, 2020February 26, 20202020-02-28
On January 21, 2020, the Wuhan Institute of Virology (Institute) applied for a national patent for the use of remdesivir, an experimental drug developed by Gilead Sciences Inc (Gilead), which is currently being tested for its potential to fight coronavirus.
Deeth Williams Wall https://www.dww.com/articles/wuhan-institute-of-virology-applies-for-patent-on-us-drug-to-fight-coronavirus

StubHub Penalized for Misleading Pricing Practices StubHub Penalized for Misleading Pricing Practices

Information Technology
February 26, 2020February 26, 20202020-02-26
On February 13, 2020, the Competition Bureau (Bureau) announced that StubHub Canada Ltd and StubHub Inc (collectively, StubHub) will have to pay a penalty of $1.3 million, due to their use of misleading pricing practices in the sales of online tickets contrary to the Competition Act. 
Deeth Williams Wall https://www.dww.com/articles/stubhub-penalized-for-misleading-pricing-practices

European Commission Releases White Paper on Artificial Intelligence Regulation European Commission Releases White Paper on Artificial Intelligence Regulation

Information Technology
February 26, 2020February 26, 20202020-02-26
On February 19, 2020, the European Commission (EC), released a white paper containing guidelines for regulating artificial intelligence (AI).  The white paper proposes a set of policy options to promote the uptake of AI while addressing risks associated with certain uses of this technology.
Deeth Williams Wall https://www.dww.com/articles/european-commission-releases-white-paper-on-artificial-intelligence-regulation

Ontario Superior Court of Justice Recognizes Tort of Publicity Placing Person in False Light Ontario Superior Court of Justice Recognizes Tort of Publicity Placing Person in False Light

Privacy
February 26, 2020February 26, 20202020-02-26
On December 17, 2019, in VMY v SHG, [2019] OJ No 6702, the Ontario Superior Court of Justice (Court) recognized the tort of publicity placing person in false light. This new tort is the fourth, and final, privacy tort, identified by the American Restatement (Second) of Torts (2010) (Restatement), recognized by Ontario courts.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-recognizes-tort-of-publicity-placing-person-false-light

California Elementary School Fined $250 for Playing “The Lion King” California Elementary School Fined $250 for Playing “The Lion King”

Copyright
February 12, 2020February 12, 20202020-02-12
On February 4, 2020, the Cable News Network (CNN) published a news story about a screening of the movie “The Lion King” that took place at Emerson Elementary School in Berkley, California.  More than two months after the event, the school received an email stating that they had to pay $250 for illegally screening the movie.
Deeth Williams Wall https://www.dww.com/articles/california-elementary-school-fined-250-for-playing-%E2%80%9C-lion-king%E2%80%9D

EU Court Issues Decision on Trademark Invalidity Questions in Sky v SkyKick EU Court Issues Decision on Trademark Invalidity Questions in Sky v SkyKick

Trademark
February 12, 2020February 12, 20202020-02-12
On January 29, 2020, the Court of Justice of the European Union (CJEU) released its decision in Sky v SkyKick (Case C-371/18), finding that a trademark registration covering broad and imprecise goods and services cannot be invalidated on the basis that it is contrary to public policy.
Deeth Williams Wall https://www.dww.com/articles/eu-court-issues-decision-on-trademark-invalidity-questions-sky-v-skykick

Access Copyright’s Innovation Lab to Develop Blockchain Registry for Canadian Visual Artists Access Copyright’s Innovation Lab to Develop Blockchain Registry for Canadian Visual Artists

Copyright
February 12, 2020February 12, 20202020-02-12
The Canadian Artists’ Representation/Le Front des Artistes Canadiens, Regroupement des artistes en arts visuels du Quebec, Copyright Visual Arts, and Access Copyright are collaborating, by way of Access Copyright’s innovation lab Prescient, to develop a public blockchain registry, named Imprimo.  Imprimo will allow artists to register and enforce their copyright while also ensuring that value and benefit gained i
Deeth Williams Wall https://www.dww.com/articles/access-copyright%E2%80%99s-innovation-lab-to-develop-blockchain-registry-for-canadian-visual

Privacy Commissioner of Canada Asks Federal Court to Address Facebook’s Privacy Violations Privacy Commissioner of Canada Asks Federal Court to Address Facebook’s Privacy Violations

Privacy
February 12, 2020February 12, 20202020-02-12
On February 6, 2020, the Privacy Commissioner of Canada filed a Notice of Application against Facebook, Inc. (Facebook) with respect to numerous violations relating to Canada's Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-asks-federal-court-to-address-facebook%E2%80%99s-privacy-violations

Ontario Superior Court of Justice Grants Summary Judgment in Defamation Case against Unnamed Defendants Ontario Superior Court of Justice Grants Summary Judgment in Defamation Case against Unnamed Defendants

Litigation
February 12, 2020February 12, 20202020-02-12
On January 13, 2020, in Theralase Technologies Inc v Lanter, 2020 ONSC 205,  the Ontario Superior Court of Justice (Court) granted summary judgment in a defamation case against a number of unnamed, pseudonymous authors of internet postings.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-grants-summary-judgment-defamation-case-against-unnamed

Intellectual Property Protection of Fashion Designs, Presentation by Alessia Monastero Intellectual Property Protection of Fashion Designs, Presentation by Alessia Monastero

Intellectual Property
February 11, 2020February 11, 20202020-02-11
Alessia Monastero discussed the intellectual property protection of fashion designs at a presentation delivered at the firm on February 5, 2020. The presentation addresses how the current forms of Canadian IP protection impact Canada’s fashion sector and differ from IP protection internationally.
Deeth Williams Wall https://www.dww.com/articles/intellectual-property-protection-of-fashion-designs-presentation-by-alessia-monastero

Standards and Standards Organizations, presentation by Richard Austin Standards and Standards Organizations, presentation by Richard Austin

Information Technology
February 10, 2020February 10, 20202020-02-10
Presentation by Richard Austin that examines standards in the technology sector: why they are important, how to use them to manage risk and using standards to promote your proprietary technology. The presentation, originally delivered in September 2016, has been updated to refer to current ISO standards as of February 10, 2020.
Deeth Williams Wall https://www.dww.com/node/3480

Overview of the Administrative Law Trilogy and Standard of Review Overview of the Administrative Law Trilogy and Standard of Review

Litigation
January 29, 2020January 29, 20202020-01-29
In December 2019, the Supreme Court of Canada (SCC) released decisions that brought clarity to the post-Dunsmuir standard of review landscape. In the first of the decisions, Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (Vavilov), the SCC readdressed and further clarified the standard of review. The second decision, Bell Canada v Canada (Attorney General), 2019 SCC 66, applied the standard of review outlined in Vavilov.
Deeth Williams Wall https://www.dww.com/articles/overview-of-administrative-law-trilogy-and-standard-of-review

Federal Privacy Commissioner Addresses Complaints Regarding Search of Electronic Devices and Data by Canadian Border Services Agency Federal Privacy Commissioner Addresses Complaints Regarding Search of Electronic Devices and Data by Cana...

Privacy
January 29, 2020January 29, 20202020-01-29
At the end of 2019, the Canadian federal Privacy Commissioner (the Commissioner) submitted the annual report to the Federal Parliament regarding privacy law reform in Canada (the Report). In one section of the Report, the Commissioner detailed investigations into six different complaints by travellers in relation to searches of electronic devices and data by the Canadian Border Services Agency (CBSA).
Deeth Williams Wall https://www.dww.com/articles/federal-privacy-commissioner-addresses-complaints-regarding-search-of-electronic-devices

United States-Mexico-Canada Agreement Amendments Bring Changes to Data Protection for Biologic Drugs United States-Mexico-Canada Agreement Amendments Bring Changes to Data Protection for Biologic Drugs

Patent
January 29, 2020January 29, 20202020-01-29
On December 10, 2019, the United States-Mexico-Canada Agreement (USMCA) was amended (see the amendments here).  One of the major changes made relates to data protection for new biologic drugs.
Deeth Williams Wall https://www.dww.com/articles/united-statesmexicocanada-agreement-amendments-bring-changes-to-data-protection-for

Chinese Court Grants Copyright Protection for AI-written Article Chinese Court Grants Copyright Protection for AI-written Article

Copyright
January 29, 2020January 29, 20202020-01-29
Recently, the Shenzhen Nanshan District People’s Court (the Court) ruled in favour of Shenzhen Tencent Computer System Co Ltd (Tencent) in their claim for copyright infringement against the defendant with respect to an article written by Tencent’s artificial intelligence (AI) software, Dreamwriter.
Deeth Williams Wall https://www.dww.com/articles/chinese-court-grants-copyright-protection-for-aiwritten-article

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.