Ontario Superior Court of Justice Makes Determination on Copyright Infringement Involving Architectural Designs and Drawings Ontario Superior Court of Justice Makes Determination on Copyright Infringement Involving Architectural D...

Copyright
March 25, 2020March 25, 20202020-03-25
On February 14, 2020, in 1422986 Ontario Limited v 1833326 Ontario Limited, 2020 ONSC 1041, the Ontario Superior Court of Justice (the Court) determined that copyright in architectural designs and drawings subsist with the original creator, and designs that are substantially similar with only minor and insignificant differences may infringe copyright of the original designs.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-makes-determination-on-copyright-infringement-involving

US Decision on a dot-com Domain Name may Change the Registrability of Generic Trademarks US Decision on a dot-com Domain Name may Change the Registrability of Generic Trademarks

Trademark
March 25, 2020March 25, 20202020-03-25
On March 23, 2020, the U.S. Supreme Court was expected to hear arguments as to whether Booking.com can register its domain name, despite the US Patent and Trademark Office’s (USPTO) determination that it is not registrable.
Deeth Williams Wall https://www.dww.com/articles/us-decision-on-a-dotcom-domain-name-may-change-registrability-of-generic-trademarks

Health Canada Takes Steps to Streamline Access to COVID-19-Related Therapeutic Products Health Canada Takes Steps to Streamline Access to COVID-19-Related Therapeutic Products

Regulatory Law
March 24, 2020March 24, 20202020-03-24
Health Canada, the USFDA and their UK and European equivalents are taking steps to streamline approval and change notification processes for medical devices (especially masks and ventilators), COVID-19 diagnostic test kits (of which there are dozens of brands and approaches), and drugs for the prevention, diagnosis and treatment of COVID-19.
Deeth Williams Wall https://www.dww.com/articles/health-canada-takes-steps-to-streamline-access-to-covid19related-therapeutic-products

Federal Court of Appeal Considers Methods of Medical Treatment Federal Court of Appeal Considers Methods of Medical Treatment

Patent
March 11, 2020March 11, 20202020-03-11
On January 30, 2020, in Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30, the Federal Court of Appeal (the Court) considered an appeal raising issues of patent validity and infringement related to Canadian Patent No. 2,261,630.  In performing its validity analysis, the Court considered the prohibition against patenting methods of medical treatment.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-considers-methods-of-medical-treatment

Ontario Court Considers Whether Assignment Document is Determinative of Transfer Ontario Court Considers Whether Assignment Document is Determinative of Transfer

Litigation
March 11, 2020March 11, 20202020-03-11
On January 28, 2020, in Bridging Income Fund LP v 3886727 Canada Inc, 2020 ONSC 602, the Ontario Superior Court of Justice (Court) ruled that in a receivership,  an executed assignment document alone does not determine whether a trademark has been transferred from one party to another.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-considers-whether-assignment-document-determinative-of-transfer

Privacy Commissioners Announce Joint Investigation into Clearview AI Privacy Commissioners Announce Joint Investigation into Clearview AI

Privacy
March 11, 2020March 11, 20202020-03-11
On February 21, 2020, the Office of the Privacy Commissioner of Canada (OPC), and its counterparts in Quebec, British Columbia and Alberta (collectively, Privacy Regulators) announced that they will jointly investigate Clearview AI and its use of facial recognition technology. The Privacy Regulators’ investigation was initiated in the wake of media reports claiming that Clearview AI is using its technology to collect images and make facial recognition available to law enforcement for the purposes of identifying individuals.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioners-announce-joint-investigation-into-clearview-ai

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

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.