Federal Court Developing 2020-2025 Strategic Plan Federal Court Developing 2020-2025 Strategic Plan

Litigation
September 18, 2019September 18, 20192019-09-18
The Federal Court (“the Court”) is in the process of identifying priorities for its 2020-2025 Strategic Plan, as outlined in this consultation document.  The Court’s previous Strategic Plan from 2014-2019 can be found here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-developing-20202025-strategic-plan

Amendments to Canada’s Insolvency Laws Relating to IP Licensees Come Into Force November 1, 2019 Amendments to Canada’s Insolvency Laws Relating to IP Licensees Come Into Force November 1, 2019

Intellectual Property
September 18, 2019September 18, 20192019-09-18
On September 4, 2019, amendments to the Bankruptcy and Insolvency Act (“BIA”) and Companies’ Creditors Arrangement Act (“CCAA”) relating to intellectual property (“IP”) user rights were published in Canada Gazette, Part II and are now set to come into force on November 1, 2019. These changes were originally included in the Budget Implementation Act, 2018, No.
Deeth Williams Wall https://www.dww.com/articles/amendments-to-canada%E2%80%99s-insolvency-laws-relating-to-ip-licensees-come-into-force-november-1

Federal Court Expunges Travelway Trademarks Federal Court Expunges Travelway Trademarks

Trademark and Copyright Litigation
September 18, 2019September 18, 20192019-09-18
In Wenger SA v Travelway Group International Inc., 2019 FC 1104, the Federal Court of Canada (“FC”) struck Travelway Group International Inc.’s (“Travelway”) trademarks from the Trademarks Register.  The FC based its decision on the Federal Court of Appeal’s (”FCA”) holding that the Travelway marks were invalid given that the FCA found passing off had been established despite Travelway’s trademark registrations.
Deeth Williams Wall https://www.dww.com/articles/federal-court-expunges-travelway-trademarks

Common General Knowledge May be Found in a Patent’s Specification Common General Knowledge May be Found in a Patent’s Specification

Patent
September 4, 2019September 4, 20192019-09-04
The Federal Court recently dismissed two appeals brought by Corning Cable Systems LLC (Corning) holding that the Commissioner of Patents’ decision to refuse Corning’s patent applications on the grounds of obviousness was reasonable.  The patent applications relate to cable boxes, or “Local Convergence Points” (“LCPs”) that allow for smaller LCPs.
Deeth Williams Wall https://www.dww.com/articles/common-general-knowledge-may-be-found-a-patent%E2%80%99s-specification

CyberSecure Canada: Standardized Cybersecurity for Small and Medium Enterprises CyberSecure Canada: Standardized Cybersecurity for Small and Medium Enterprises

Privacy
September 4, 2019September 4, 20192019-09-04
On August 12, 2019, the Canadian federal government announced CyberSecure Canada, a voluntary certification program which aims to raise the cyber security baseline among small and medium enterprises (SMEs). SMEs that prove that they meet certain minimum standards will be entitled to use the CyberSecure certification mark on websites and promotional material attesting that they have met the standard.  Although CyberSecure Canada is directed at Canadian SMEs (up to 499 employees), all organizations are eligible to apply for certification.
Deeth Williams Wall https://www.dww.com/articles/cybersecure-canada-standardized-cybersecurity-for-small-and-medium-enterprises

Ontario Cannabis Store Reported to Sell Postal Code-Based Customer Information to Licensed Producers Ontario Cannabis Store Reported to Sell Postal Code-Based Customer Information to Licensed Producers

Privacy
September 4, 2019September 4, 20192019-09-04
On August 30, 2019, Global News reported that the Ontario Cannabis Store (OCS) sells postal code-based data relating to online customer purchases through its Sale of Data program.  OCS’s privacy policy explicitly states that the company will not share or sell customer information to third parties.
Deeth Williams Wall https://www.dww.com/articles/ontario-cannabis-store-reported-to-sell-postalcode-based-customer-information-to-licensed

Northwest Territories’ Government Faces Lawsuit over Health Privacy Breaches Northwest Territories’ Government Faces Lawsuit over Health Privacy Breaches

Privacy
September 4, 2019September 4, 20192019-09-04
Three law firms are filing a lawsuit against the Government of the Northwest Territories (GNWT), holding the government liable for various health privacy breaches that have occurred over the past decade. The suit will take the form of a representative action.
Deeth Williams Wall https://www.dww.com/articles/northwest-territories%E2%80%99-government-faces-lawsuit-over-health-privacy-breaches

Facebook’s Manual Transcription of Audio Clips Leads to Investigation by EU Regulator Yet Again Facebook’s Manual Transcription of Audio Clips Leads to Investigation by EU Regulator Yet Again

Privacy
September 4, 2019September 4, 20192019-09-04
Facebook Inc. (Facebook) once again finds itself in hot water over its privacy practices in Europe, this time in relation to how it handled data during the manual transcription of users’ audio recordings. 
Deeth Williams Wall https://www.dww.com/articles/facebook%E2%80%99s-manual-transcription-of-audio-clips-leads-to-investigation-by-eu-regulator-yet

OPC Signs Joint Statement on Global Privacy Expectations of Facebook’s Libra Network OPC Signs Joint Statement on Global Privacy Expectations of Facebook’s Libra Network

Privacy
August 21, 2019August 21, 20192019-08-21
On August 5, 2019, the Office of the Privacy Commissioner of Canada (“OPC”) signed a Joint Statement with other global privacy commissioners outlining the global privacy expectations of any future Libra, Facebook Inc.’s (“Facebook”) digital currency, digital wallet providers. The signatories of the statement included privacy representatives from seven different jurisdictions.
Deeth Williams Wall https://www.dww.com/articles/opc-signs-joint-statement-on-global-privacy-expectations-of-facebook%E2%80%99s-libra-network

Alberta’s Court of Appeal Finds Claims for Privacy Breaches can be Filed More Than Two Years after Discovering the Breach Alberta’s Court of Appeal Finds Claims for Privacy Breaches can be Filed More Than Two Years after Discov...

Privacy
August 21, 2019August 21, 20192019-08-21
On May 13, 2019, in Moore’s Industrial Service Ltd v Kugler, 2019 ABCA 178, the Alberta Court of Appeal (the “Court”) confirmed that the two year limitation period for bringing a civil claim for a breach of privacy does not begin until an order from the Office of the Information and Privacy Commissioner (the “OPC”) can no longer be appealed.
Deeth Williams Wall https://www.dww.com/articles/alberta%E2%80%99s-court-of-appeal-finds-claims-for-privacy-breaches-can-be-filed-more-than-two

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

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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