Federal Court of Canada Issues Rare Interim Injunction on Patent Infringement Case Federal Court of Canada Issues Rare Interim Injunction on Patent Infringement Case

Patent Litigation
May 29, 2019May 29, 20192019-05-29
On May 7, 2019, the Federal Court of Canada (Court) released the decision Arysta Lifescience North America, LLC et al v Agracity Crop et al, 2019 FC 530, granting a rare interim injunction enjoining AgraCity Crop & Nutrition Ltd. (AgraCity) from selling or distributing a disputed herbicide. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-issues-rare-interim-injunction-on-patent-infringement-case

Federal Court Of Appeal Stays Determination of Trademark Registration Until Resolution of Contractual Dispute Federal Court Of Appeal Stays Determination of Trademark Registration Until Resolution of Contractual Dis...

Trademark and Copyright Litigation
May 29, 2019May 29, 20192019-05-29
On May 16, 2019, the Federal Court of Appeal (FCA), in Hutchingame Growth Capital Corporation v Dayton Boot Co Enterprise Ltd (2019 FCA 152), ruled in favor of Hutchingame Growth Capital Corporation (Hutchingame), setting aside a previous Federal Court of Canada (FCC) decision (2018 FC 316) that returned the registered trademark “DAYTON” to Dayton Boot Co Enterprises Ltd.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-stays-determination-of-trademark-registration-until-resolution-of

Federal Court Takes Another Look at Protective Orders Federal Court Takes Another Look at Protective Orders

Patent Litigation
May 15, 2019May 15, 20192019-05-15
For years, the Federal Court of Canada (Court) has routinely granted protective orders providing for the handling and protection of documents and information disclosed between the parties during discovery. Recently, the Court has declined to grant such orders, both when sought on consent and when opposed, preferring for parties to rely on common law implied undertakings and contractual arrangements. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-takes-another-look-at-protective-orders

UK Government Proposes Internet of Things Cyber-Security Law UK Government Proposes Internet of Things Cyber-Security Law

Information Technology
May 15, 2019May 15, 20192019-05-15
On May 1, 2019, the United Kingdom (UK) government announced plans to introduce a new Internet of Things (IoT) cyber-security law. The legislation, which is now open for consultation, could affect IoT device manufacturers, IoT service-providers, mobile app developers and retailers.
Deeth Williams Wall https://www.dww.com/articles/uk-government-proposes-internet-of-things-cybersecurity-law

Canada Border Services Seizes Lawyer's Phone and Laptop After Refusing to Provide Passwords Canada Border Services Seizes Lawyer's Phone and Laptop After Refusing to Provide Passwords

Privacy
May 15, 2019May 15, 20192019-05-15
On April 10, 2019, Toronto business lawyer Nick Wright landed at Pearson Airport after a four-month trip abroad. The Canadian Border Services Agency (CBSA) searched his bags and then proceeded to search his phone and laptop.  The devices were password protected so the CBSA officer demanded that Wright supply his passwords.  Wright refused on the grounds that the devices contained confidential information about his clients protected by solicitor-client privilege. As a result of Wright’s refusal, the officer seized Wright’s phone and laptop, without a warrant or further rationale. 
Deeth Williams Wall https://www.dww.com/articles/canada-border-services-seizes-lawyers-phone-and-laptop-after-refusing-to-provide-passwords

Federal Court Awards $20 Million in an Obituary Piracy Class Action Lawsuit Federal Court Awards $20 Million in an Obituary Piracy Class Action Lawsuit

Copyright
May 15, 2019May 15, 20192019-05-15
On May 1, 2019, the Federal Court (Court) released its decision in Thomson v Afterlife Network Inc, 2019 FC 545, a class proceeding for copyright and moral rights infringement under sections 27 and 28.1 of the Copyright Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-awards-20-million-an-obituary-piracy-class-action-lawsuit

Re:Sound and SOCAN Collaborate to Simplify Music Licensing Re:Sound and SOCAN Collaborate to Simplify Music Licensing

Copyright
May 15, 2019May 15, 20192019-05-15
On May 8, 2019, Re:Sound and SOCAN announced that they are collaborating to form a new joint venture called Entandem. The joint venture aims to simplify performance rights music licensing by creating a single portal for businesses to pay for the licenses they need to publically play music.
Deeth Williams Wall https://www.dww.com/articles/resound-and-socan-collaborate-to-simplify-music-licensing

Federal Court of Appeal Upholds Decision Finding Fracturing Patent Invalid Federal Court of Appeal Upholds Decision Finding Fracturing Patent Invalid

Patent
May 15, 2019May 15, 20192019-05-15
On April 24, 2019, in Packers Plus Energy Services Inc v Essential Energy Services Ltd, 2019 FCA 96, the Federal Court of Appeal (FCA) dismissed the appeal of Packers Plus Energy Services Inc (Packers) from a Federal Court (FC) decision (2017 FC 111) finding Packers’ Canadian Patent No 2,412,0
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-decision-finding-fracturing-patent-invalid

CRTC Imposes $100,000 Penalty on nCrowd’s CEO for CASL Violations CRTC Imposes $100,000 Penalty on nCrowd’s CEO for CASL Violations

Telecommunications
May 1, 2019May 1, 20192019-05-01
On April 23, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) imposed a $100,000 penalty on Mr Brian Conley for violations of Canada’s anti-spam legislation (CASL).  This penalty marks the first time that an individual has been held vicariously liable under CASL for violations committed by a corporation.
Deeth Williams Wall https://www.dww.com/articles/crtc-imposes-100000-penalty-on-ncrowd%E2%80%99s-ceo-for-casl-violations

Federal Court Dismisses Passing Off Claim in Family Dispute Federal Court Dismisses Passing Off Claim in Family Dispute

Trademark and Copyright Litigation
May 1, 2019May 1, 20192019-05-01
On April 12, 2019, in CW Parsons Ltd v Parsons Paving Ltd, 2019 FC 458, the Federal Court (Court) dismissed an application claiming passing off under subsections 7(b), (c) and (d) of the Trade-marks Act (Act) relating to a dispute for the use of Parsons family name in association with paving services.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-passing-off-claim-family-dispute

Investigation into Facebook’s Privacy Practices Finds “Major Shortcomings” Investigation into Facebook’s Privacy Practices Finds “Major Shortcomings”

Privacy
May 1, 2019May 1, 20192019-05-01
On April 25, 2019, the Office of the Privacy Commissioner of Canada (OPC) released its findings in its investigation into Facebook Inc’s (Facebook) disclosure of its users’ personal information to third-party applications (Apps) which later used the information for targeted political messaging. The OPC’s investigation was conducted as a joint investigation with the Office of the Information and Privacy Commissioner for British Columbia.
Deeth Williams Wall https://www.dww.com/articles/investigation-into-facebook%E2%80%99s-privacy-practices-finds-%E2%80%9Cmajor-shortcomings%E2%80%9D

OPC Releases Supplementary Discussion Document on Transborder Dataflows OPC Releases Supplementary Discussion Document on Transborder Dataflows

Privacy
May 1, 2019May 1, 20192019-05-01
On April 23, 2019, the Office of the Privacy Commissioner of Canada (OPC) released a supplementary discussion document providing further explanation as to why the OPC is revisiting its policy position on transborder dataflows. 
Deeth Williams Wall https://www.dww.com/articles/opc-releases-supplementary-discussion-document-on-transborder-dataflows

Federal Court Sets Aside Decision of the Registrar to Expunge Mark Federal Court Sets Aside Decision of the Registrar to Expunge Mark

Trademark
May 1, 2019May 1, 20192019-05-01
On April 4, 2019, the Federal Court issued its decision in Iscada Inc. v Aventum IP Law LLP, 2019 FC 406, setting aside a decision of the Registrar to expunge the iSCADA trademark registration from the Register.
Deeth Williams Wall https://www.dww.com/articles/federal-court-sets-aside-decision-of-registrar-to-expunge-mark

CRTC Orders TVA Group to Continue Providing Signals to Bell Canada Subscribers During Commercial Dispute CRTC Orders TVA Group to Continue Providing Signals to Bell Canada Subscribers During Commercial Dispute

Telecommunications
May 1, 2019May 1, 20192019-05-01
On April 18, 2019, the Canadian Radio-television and Telecommunications Commission (CRTC) imposed a mandatory order on TVA Group Inc (TVA) to comply with its regulations and provide its signals to Bell Canada subscribers without interruption, despite Bell Canada and TVA being in the midst of a dispute arising from commercial negotiations, and threatened suspension of TVA's license of its TVA Sports channel in the event they interfere with the signal again before the dispute is resolved.
Deeth Williams Wall https://www.dww.com/articles/crtc-orders-tva-group-to-continue-providing-signals-to-bell-canada-subscribers-during

OPC Announces Consultation on Transborder Dataflows OPC Announces Consultation on Transborder Dataflows

Privacy
April 17, 2019April 17, 20192019-04-17
On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced that it is revisiting its policy position on transborder dataflows under the Personal Information Protection and Electronic Documents Act (PIPEDA).  The OPC’s new position would require that organizations obtain consent when transferring personal information to service providers for data processing.
Deeth Williams Wall https://www.dww.com/articles/opc-announces-consultation-on-transborder-dataflows

European Commission Launches Pilot Program to Test Ethical Guidelines for Artificial Intelligence European Commission Launches Pilot Program to Test Ethical Guidelines for Artificial Intelligence

Information Technology
April 17, 2019April 17, 20192019-04-17
On April 8, 2019, the European Commission (Commission) announced the launch of a pilot project to test draft ethical rules for developing and applying artificial intelligence (AI) technologies.
Deeth Williams Wall https://www.dww.com/articles/european-commission-launches-pilot-program-to-test-ethical-guidelines-for-artificial

Trump Administration Turns Attention to Combating Trafficking in Counterfeit and Pirated Goods Trump Administration Turns Attention to Combating Trafficking in Counterfeit and Pirated Goods

Intellectual Property
April 17, 2019April 17, 20192019-04-17
On April 3, 2019, US President Donald Trump released a memorandum on combating trafficking in counterfeit and pirated goods, bringing new attention to this topic. The investigation will be helmed by the Department of Homeland Security (Homeland Security), and will feature input from the Department of Commerce, the Attorney General and several other federal agencies asked to prepare the report within 210 days.
Deeth Williams Wall https://www.dww.com/articles/trump-administration-turns-attention-to-combating-trafficking-counterfeit-and-pirated

Federal Court of Appeal Dismisses Appeal in Trademark Opposition Proceeding Federal Court of Appeal Dismisses Appeal in Trademark Opposition Proceeding

Trademark
April 17, 2019April 17, 20192019-04-17
On April 2, 2019, in Seara Alimentos Ltd v Amira Enterprises Inc, 2019 FCA 63, the Federal Court of Appeal (FCA) dismissed an appeal by Seara from a decision of the Federal Court refusing registration of Seara’s trademarks. 
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-dismisses-appeal-trademark-opposition-proceeding

Federal Court Considers Motion to Stay Prosecution and Issuance of Canadian Patent Applications Federal Court Considers Motion to Stay Prosecution and Issuance of Canadian Patent Applications

Patent
April 17, 2019April 17, 20192019-04-17
On February 4, 2019, the Federal Court (Court) issued a decision in Canadian National Railway Company v BNSF Railway Company, 2019 FC 142, considering a motion by BNSF Railway Company (BNSF) for an order to stay the prosecution and issuance by the Canadian Patent Office of several pending patent applications.
Deeth Williams Wall https://www.dww.com/articles/federal-court-considers-motion-to-stay-prosecution-and-issuance-of-canadian-patent

Federal Court Dismisses Application to Expunge Upper Crust’s Trademark Federal Court Dismisses Application to Expunge Upper Crust’s Trademark

Trademark
April 17, 2019April 17, 20192019-04-17
On April 2, 2019, in Bon Appetit Danish, Inc v 2168587 Ontario Ltd, 2019 FC 396, the Federal Court (Court) dismissed an application brought by Bon Appetit Danish, Inc and Bon Appetit Distribution Inc (collectively, Bon Appetit) to expunge 2168587 Ontario Ltd’s (Upper Crust) registered trademark BON APPÉ GOURMET & Design. Both parties are manufacturers and distributors of packaged baked goods generally sold in convenience stores.
Deeth Williams Wall https://www.dww.com/articles/federal-court-dismisses-application-to-expunge-upper-crust%E2%80%99s-trademark

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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