TickBox Agrees to a $25 Million Judgement to Settle a Copyright Infringement Case TickBox Agrees to a $25 Million Judgement to Settle a Copyright Infringement Case

Copyright
September 19, 2018September 19, 20182018-09-19
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 Wall https://www.dww.com/articles/tickbox-agrees-to-a-25-million-judgement-to-settle-a-copyright-infringement-case

EU Copyright Reform Favouring Creative Industries at the Expense of Tech Giants One Step Closer to Fruition EU Copyright Reform Favouring Creative Industries at the Expense of Tech Giants One Step Closer to Fruiti...

Copyright
September 19, 2018September 19, 20182018-09-19
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 Wall https://www.dww.com/articles/eu-copyright-reform-favouring-creative-industries-at-expense-of-tech-giants-one-step

Federal Court of Canada Rejects Confusion between “iSWATCH” and “i watch” Federal Court of Canada Rejects Confusion between “iSWATCH” and “i watch”

Trademark
September 5, 2018September 5, 20182018-09-05
In Swatch AG (Swatch SA) (Swatch Ltd.) v.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-rejects-confusion-between-%E2%80%9Ciswatch%E2%80%9D-and-%E2%80%9Ci-watch%E2%80%9D

Courts Rule that Ontario’s Immediate End to Electric Vehicle Incentives Unlawful Courts Rule that Ontario’s Immediate End to Electric Vehicle Incentives Unlawful

Litigation
September 5, 2018September 5, 20182018-09-05
In Tesla Motors Canada ULC v Ontario (Ministry of Transportation), 2018 ONSC 5062, the Ontario Superior Court of Justice ruled in favour of Tesla Motors Canada (“Tesla”) this pa
Deeth Williams Wall https://www.dww.com/articles/courts-rule-ontario%E2%80%99s-immediate-end-to-electric-vehicle-incentives-unlawful

US Court Of Appeals Rules That Copyright Owners Need More Than an IP Address to Establish Copyright Infringement US Court Of Appeals Rules That Copyright Owners Need More Than an IP Address to Establish Copyright Infri...

Copyright
September 5, 2018September 5, 20182018-09-05
On August 27, 2018, the US Court of Appeals for the Ninth Circuit issued its decision in Cobbler Nevada LLC v Gonzales, No.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-rules-copyright-owners-need-more-than-an-ip-address-to-establish

New United States-Mexico Trade Deal May Extend the Copyright Term New United States-Mexico Trade Deal May Extend the Copyright Term

Copyright
September 5, 2018September 5, 20182018-09-05
On August 27, 2018, the Trump administration announced that it had reached a preliminary agreement with Mexico to revise the North American Free Trade Agreement.
Deeth Williams Wall https://www.dww.com/articles/new-united-statesmexico-trade-deal-may-extend-copyright-term

SEC Rejects Nine Bitcoin ETF Proposals SEC Rejects Nine Bitcoin ETF Proposals

Intellectual Property
September 5, 2018September 5, 20182018-09-05
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 Wall https://www.dww.com/articles/sec-rejects-nine-bitcoin-etf-proposals

Procter & Gamble Applies to Trademark “LOL” Procter & Gamble Applies to Trademark “LOL”

Trademark
September 5, 2018September 5, 20182018-09-05
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 Wall https://www.dww.com/articles/procter-gamble-applies-to-trademark-%E2%80%9Clol%E2%80%9D

Ontario Court Recognizes and Enforces US Judgment for Copyright Infringement Ontario Court Recognizes and Enforces US Judgment for Copyright Infringement

Trademark and Copyright Litigation
August 22, 2018August 22, 20182018-08-22
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 Wall https://www.dww.com/articles/ontario-court-recognizes-and-enforces-us-judgment-for-copyright-infringement

Court of Appeal Rules Names of Top Physician OHIP Billers Are Not “Personal Information” Court of Appeal Rules Names of Top Physician OHIP Billers Are Not “Personal Information”

Privacy
August 22, 2018August 22, 20182018-08-22
On August 3, 2018, the Ontario Court of Appeal issued its decision in Ontario Medical Association v Ontario (Information and Privacy Commissioner), 2018 ONCA 673, finding that the names of the top 100 physician billers to OHIP and amounts billed are not “p
Deeth Williams Wall https://www.dww.com/articles/court-of-appeal-rules-names-of-top-physician-ohip-billers-are-not-%E2%80%9Cpersonal-information%E2%80%9D

US Court Finds Forum Selection Clause in a Clickwrap Agreement is Enforceable US Court Finds Forum Selection Clause in a Clickwrap Agreement is Enforceable

Information Technology
August 22, 2018August 22, 20182018-08-22
A New Jersey federal judge has granted the defendant, Raymours Furniture Co Inc’s, motion to transfer venue of a putative class action to New York federal court based on the forum selection clause in a sweepstakes agreement to which the plaintiff named in the sweepstakes law class action, Evelyn Manopla, consented when she provided her
Deeth Williams Wall https://www.dww.com/articles/us-court-finds-forum-selection-clause-a-clickwrap-agreement-enforceable

CJEU Rules that Authorization is Required When Re-posting Protected Works to a New Website CJEU Rules that Authorization is Required When Re-posting Protected Works to a New Website

Copyright
August 22, 2018August 22, 20182018-08-22
On August 7, 2018, the Court of Justice of the European Union (CJEU) released its decision in Land Nordrhein-Westfalen v Dirk Renckhoff, where the question was “Does the inc
Deeth Williams Wall https://www.dww.com/articles/cjeu-rules-authorization-required-when-reposting-protected-works-to-a-new-website

US Court of Appeal Addresses What is Deemed “Publicly Accessible” for Prior Art Printed Publications US Court of Appeal Addresses What is Deemed “Publicly Accessible” for Prior Art Printed Publications

Patent
August 22, 2018August 22, 20182018-08-22
In GoPro, Inc v Contour IP Holding, the US Patent Trial and Appeal Board (PTAB) found that a GoPro catalog disseminated at a trade show tailored to dealers and wholesale distributors did not qualify as a prior art printed publication under Section 102(b) of 35 U.S.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeal-addresses-what-deemed-%E2%80%9Cpublicly-accessible%E2%80%9D-for-prior-art-printed

IBM Awarded Major Win in Patent Infringement Case Against Groupon IBM Awarded Major Win in Patent Infringement Case Against Groupon

Patent
August 8, 2018August 8, 20182018-08-08
On July 27, 2018, a US jury awarded International Business Machines Corp. (IBM) $82.5M USD in a patent infringement case after it found Groupon Inc.
Deeth Williams Wall https://www.dww.com/articles/ibm-awarded-major-win-patent-infringement-case-against-groupon

Ontario Driver Convicted of Distracted Driving for Using Smartwatch Ontario Driver Convicted of Distracted Driving for Using Smartwatch

Information Technology
August 8, 2018August 8, 20182018-08-08
On May 16, 2018, the Ontario Court of Justice (the Court) issued its decision in R v Ambrose, 2018 ONCJ 345
Deeth Williams Wall https://www.dww.com/articles/ontario-driver-convicted-of-distracted-driving-for-using-smartwatch

Privacy Commissioner of Canada Investigates Foreign Company’s Use of Canadian Facebook User Profiles Privacy Commissioner of Canada Investigates Foreign Company’s Use of Canadian Facebook User Profiles

Privacy
August 8, 2018August 8, 20182018-08-08
On July 18, 2018, the Privacy Commissioner of Canada (Commissioner) published its findings for its investigation
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-investigates-foreign-company%E2%80%99s-use-of-canadian-facebook

Google Once Again Held Accountable for Defamation from Search Engine Results Google Once Again Held Accountable for Defamation from Search Engine Results

Privacy
August 8, 2018August 8, 20182018-08-08
Google has once again fallen victim to a defamation proceeding in Australia as a result of its search engine.
Deeth Williams Wall https://www.dww.com/articles/google-once-again-held-accountable-for-defamation-from-search-engine-results

Collective Rights Societies SOCAN and SODRAC Merge Collective Rights Societies SOCAN and SODRAC Merge

Copyright
August 8, 2018August 8, 20182018-08-08
On July 31, 2018, the Society of Composers, Authors & Music Publishers of Canada (SOCAN) announced that it has merged operations with the Society for Reproduction Rights of Authors, Composers & Publishers in Canada (SODRAC).
Deeth Williams Wall https://www.dww.com/articles/collective-rights-societies-socan-and-sodrac-merge

Cannabis and Natural Health Products Cannabis and Natural Health Products

Regulatory Law
July 25, 2018July 25, 20182018-07-25
On July 11, 2018, the Cannabis Regulations were published in the Canada Gazette Part II (Vol. 152, No.
Deeth Williams Wall https://www.dww.com/articles/cannabis-and-natural-health-products

Federal Court Strikes Claim for Damages Alleging de facto Expropriation of Geophysical Service Inc.’s IP Rights Federal Court Strikes Claim for Damages Alleging de facto Expropriation of Geophysical Service Inc.’s IP ...

Intellectual Property
July 25, 2018July 25, 20182018-07-25
In Geophysical Service Inc. v Canada, 2018 FC 670, Geophysical Service Inc.
Deeth Williams Wall https://www.dww.com/articles/federal-court-strikes-claim-for-damages-alleging-de-facto-expropriation-of-geophysical