On October 1, 2018, the United States Court of Appeals for the Federal Circuit (Court), in Natural Alternatives International Inc v Andrei Iancu, affirmed a decision of the United States Patent and Trademark Office, Patent Trial and Appeal Board (PTAB) upholding the rejection of US Patent No.
Deeth Williams Wallhttps://www.dww.com/articles/change-priority-claim-leads-to-invalid-patents
Starting November 1, 2018, companies governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), will be required to report data breaches to affected customers, third parties and the federal Privacy Commissioner.
Deeth Williams Wallhttps://www.dww.com/articles/opc-releases-draft-guidance-relating-to-pipeda%E2%80%99s-breach-notification-safeguards
In a post-trial motion made public September 26, 2018, International Business Machines Corp. (IBM) requested that the US District Court for the District of Delaware double the $82.5M USD patent damages owed by Groupon Inc.
Deeth Williams Wallhttps://www.dww.com/articles/ibm-requests-double-damages-patent-infringement-case-against-groupon
On August 7, 2018 , the Tribunal de grande instance de Paris (TGI) released a decision, Décision du 07 août 2018, 1/4 social N° RG 14/07300, declaring ‘null and void’ numerous terms found in Twitter Inc’s (Twitter
Deeth Williams Wallhttps://www.dww.com/articles/french-court-strikes-down-copyright-licensing-provisions
In the world of sports today, players are becoming more astute in managing their personal brands, and taking steps to secure protection of names, logos and nicknames with an eye of developing their own personal merchandise. Athletes taking steps to secure intellectual property rarely make national news, but a recent US trademark application for “Fitzmagic” (Serial # 88113690) has caused quite a stir.
Deeth Williams Wallhttps://www.dww.com/articles/%E2%80%9Cfitzmagic%E2%80%9D-us-trademark-application-by-%E2%80%9Cwrong%E2%80%9D-nfl-player-sparks-controversy
On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, 2018 SCC 38, concluding that internet service providers (ISPs) are entitled to recover their reasonable costs for identifying copyright infringers in res
Deeth Williams Wallhttps://www.dww.com/articles/supreme-court-of-canada-rules-isps-can-recover-reasonable-costs-for-identifying-copyright
On September 7, 2018, the Federal Court set aside the decision of the Registrar of Trademarks, who directed that Hilton’s trademark registration for WALDORF-ASTORIA should be expunged from the register (Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895).
Deeth Williams Wallhttps://www.dww.com/articles/federal-court-rules-providing-%E2%80%9Chotel-services%E2%80%9D-does-not-require-a-%E2%80%9Cbricks-and-mortar%E2%80%9D
On June 27, 2018, in Experian Info Sols v Nationwide Mktg Servs, the United States Court of Appeals for the Ninth Circuit (the Court) affirmed (in part) a decision from the United States District Court for the District of Arizona (District Court) granting summary judgment on Experian Information Solutions Inc (Experian)’s claim for copyri
Deeth Williams Wallhttps://www.dww.com/articles/ninth-circuit-considers-copyright-data-compilations
On September 11, 2018, the Alliance for Creativity and Entertainment (ACE) representing several major studios, namely Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon and Netflix, filed a
Deeth Williams Wallhttps://www.dww.com/articles/tickbox-agrees-to-a-25-million-judgement-to-settle-a-copyright-infringement-case
On September 12, 2018, European Union lawmakers passed a copyright reform directive that aims to update copyright policy for the digital age. The vote has been met with some controversy, as two provisions, in particular, articles 11 and 13, provide the opportun
Deeth Williams Wallhttps://www.dww.com/articles/eu-copyright-reform-favouring-creative-industries-at-expense-of-tech-giants-one-step
The Securities Exchange Commission (SEC) rejected nine Bitcoin exchange-traded funds (ETF) proposals in orders published on August 22 involving three separate companies – ProShares (two proposed ETFs), Direxion (five) and GraniteShares (two). The ETFs in question differed from previous proposals in that they were tied to the market for bitcoin futures, rather than a fund that holds bitcoin directly.
Deeth Williams Wallhttps://www.dww.com/articles/sec-rejects-nine-bitcoin-etf-proposals
The consumer goods giant, Procter & Gamble (P&G) recently filed applications in Canada and the United States to trademark acronyms common in SMS (short message service) language or textspeak, including “LOL”, “FML”, “NBD”, and “WTF”.
Deeth Williams Wallhttps://www.dww.com/articles/procter-gamble-applies-to-trademark-%E2%80%9Clol%E2%80%9D
On August 1, 2018, the Ontario Superior Court of Justice (Court) issued its decision in Dish v Shava, 2018 ONSC 2867, and granted summary judgment. In so doing, the Court recognized and enforced a $25,600,000 US judgment order for copyright infringement.
Deeth Williams Wallhttps://www.dww.com/articles/ontario-court-recognizes-and-enforces-us-judgment-for-copyright-infringement