Football Player's Trademark Application Denied Due to False Connection Football Player's Trademark Application Denied Due to False Connection

Trademark
January 23, 2019January 23, 20192019-01-23
As previously reported in the E-TIPS® Newsletter, Miami Dolphins defensive back Minkah Fitzpatrick filed a US trademark application for "Fitzmagic," a nickname he claims to have gone by since high school.  However, the timing of Minkah’s filing was suspicious, as the nickname was then being used by the media to describe the impressive play of Tampa Bay Buccaneers journeyman quarterback Ryan Fitzpatrick.  Ryan had no inclination or desire to
Deeth Williams Wall https://www.dww.com/articles/football-players-trademark-application-denied-due-to-false-connection

Roots Attempts to Strike CABIN FEVER & Design Trademark Roots Attempts to Strike CABIN FEVER & Design Trademark

Trademark
January 23, 2019January 23, 20192019-01-23
On January 8, 2019, the Federal Court of Canada (Court) issued its decision in Roots Corporation v YM Inc (Sales), (2019 FC 16) dismissing an application brought by Roots Corporation (Roots) to strike YM Inc’s (YM) CABIN FEVER & Design trademark registration (Registration) from the Register.  Both Roots and YM are clothing retailers operating in Canada. Roots brought an application to strike the CABIN FEVER & Design alleging that YM was not entitled to secure the registration since:
Deeth Williams Wall https://www.dww.com/articles/roots-attempts-to-strike-cabin-fever-design-trademark

California Judge Rules Law Enforcement Can’t Force Biometric Use to Unlock Phones California Judge Rules Law Enforcement Can’t Force Biometric Use to Unlock Phones

Privacy
January 23, 2019January 23, 20192019-01-23
On January 10, 2019, Judge Kandis Westmore of the United States District Court for the Northern District of California (Court) ruled that law enforcement agencies can’t compel suspects to unlock their smartphones using biometric features. Prior to this ruling, US judges ruled that the government could force suspects to unlock their phones with facial or fingerprint recognition but not a passcode.
Deeth Williams Wall https://www.dww.com/articles/california-judge-rules-law-enforcement-can%E2%80%99t-force-biometric-use-to-unlock-phones

Privacy Breach Class Action Against Bankruptcy Trustee Fails Privacy Breach Class Action Against Bankruptcy Trustee Fails

Privacy
January 23, 2019January 23, 20192019-01-23
On December 27, 2018, in Netlink Computer Inc (Re), (2018 BCSC 2309) the Supreme Court of British Columbia (Court) dismissed an application for leave to sue a trustee in bankruptcy for the alleged improper disposal of a bankrupt company’s assets containing personal information of the company’s customers.
Deeth Williams Wall https://www.dww.com/articles/privacy-breach-class-action-against-bankruptcy-trustee-fails

Bill C-86 Receives Royal Assent - Makes Substantial Changes to the Patent Act Bill C-86 Receives Royal Assent - Makes Substantial Changes to the Patent Act

Patent
January 23, 2019January 23, 20192019-01-23
On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, received royal assent.  Though a budget implementation bill, it, among other things, amends the Patent Act.  This article outlines the more substantial changes to the Patent Act.
Deeth Williams Wall https://www.dww.com/articles/bill-c86-receives-royal-assent-makes-substantial-changes-to-patent-act

E-TIPS® Newsletter’s “2018: Year in Review” E-TIPS® Newsletter’s “2018: Year in Review”

Intellectual Property
January 21, 2019January 21, 20192019-01-21
Thank you for your readership over the last year and welcome to what is sure to be an exciting 2019!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2018 covering developments in IP and IT law, under the following categories: (1) “Legislative, Treaty and Policy Developments”, (2) “Supreme Court of Canada Matters”, (3) “Patents”, (4) “Trademarks”,  (5) “Copyright”, (6) “Privacy”, (7) “IT/Telecommunications” and (8) “Regulatory”.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2018-year-review%E2%80%9D

Rapper Files Copyright Claim for Infringing Signature Dance Moves Rapper Files Copyright Claim for Infringing Signature Dance Moves

Copyright
December 12, 2018December 12, 20182018-12-12
On December 5, 2018, New York rapper, 2 Milly, filed a claim for copyright infringement alleging that video game creator, Epic Games (Epic), infringed 2 Milly’s signature dance moves by selling the dance moves as a character upgrade in its popular Fortnite game.
Deeth Williams Wall https://www.dww.com/articles/rapper-files-copyright-claim-for-infringing-signature-dance-moves

Privacy Commissioner of Canada Expresses Opinion on National Digital and Data Consultations Privacy Commissioner of Canada Expresses Opinion on National Digital and Data Consultations

Privacy
December 12, 2018December 12, 20182018-12-12
On December 5, 2018, the Privacy Commissioner of Canada (Commissioner) released a letter to the Minister of Innovation, Science and Economic Development offering his views on the Government of Canada’s National Digital and Data Consultations.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-expresses-opinion-on-national-digital-and-data

Ontario to Enhance Privacy Rights in Consumer Protection Act Ontario to Enhance Privacy Rights in Consumer Protection Act

Privacy
December 12, 2018December 12, 20182018-12-12
On November 29, 2018, Bill 55, Safeguarding our Information Act, 2018, passed second reading in the Ontario legislature. Bill 55 seeks to amend Ontario’s Consumer Protection Act, 2002 to require a consumer’s consent when a government institution requests that a lender obtain that consumer’s personal information with whom the lender has entered into a credit agreement.
Deeth Williams Wall https://www.dww.com/articles/ontario-to-enhance-privacy-rights-consumer-protection-act

New Patent Rules Published For Consultation New Patent Rules Published For Consultation

Patent
December 12, 2018December 12, 20182018-12-12
On December 1, 2018, the Government of Canada published its proposed amendments to the Patent Rules (the Proposed Rules) for consultation.  The Proposed Rules implement legislative amendments to the Patent Act passed in 2014 and 2015, which are not yet in force, and enable Canada to ratify the Patent Law Treaty.  The Proposed Rules include significant changes to certain filing requirements, the timing of responses to Canadian Intellectual Property Office (CIPO) notices, and abandonment procedures.
Deeth Williams Wall https://www.dww.com/articles/new-patent-rules-published-for-consultation

EDPR Issues Draft Guidelines Relating to the Territorial Scope of the GDPR EDPR Issues Draft Guidelines Relating to the Territorial Scope of the GDPR

Privacy
December 12, 2018December 12, 20182018-12-12
On November 23, 2018, the European Data Protection Board (EDPB) issued draft guidelines (Guidelines) relating to the territorial scope of the GDPR. The Guidelines help clarify the scope and applicability of the GDPR with respect to data controllers and processors outside the European Union (EU).
Deeth Williams Wall https://www.dww.com/articles/edpr-issues-draft-guidelines-relating-to-territorial-scope-of-gdpr

Marriott Hotel Chain Subject to Data Breach Affecting Up To Half a Billion People Marriott Hotel Chain Subject to Data Breach Affecting Up To Half a Billion People

Privacy
December 12, 2018December 12, 20182018-12-12
On November 30, 2018, Marriott International Inc (Marriott) disclosed that approximately 500 million guests who stayed at Starwood hotel properties (which Marriott acquired in 2015) between 2014 and 2018 may have had their personal information compromised.  Starwood hotel properties include prominent brands such as W hotels, St. Regis, Sheraton Hotels & Resorts, Westin Hotels & Resorts, and Starwood-branded timeshare properties, amongst others.
Deeth Williams Wall https://www.dww.com/articles/marriott-hotel-chain-subject-to-data-breach-affecting-up-to-half-a-billion-people

Competition Bureau Invites Feedback on Draft Intellectual Property Enforcement Guidelines Competition Bureau Invites Feedback on Draft Intellectual Property Enforcement Guidelines

Intellectual Property
November 28, 2018November 28, 20182018-11-28
On November 1, 2018, the Competition Bureau (the Bureau) published a draft version of its revised Intellectual Property Enforcement Guidelines (IPEGs). Interested parties are invited to submit comments on the revised guidelines until December 31, 2018.
Deeth Williams Wall https://www.dww.com/articles/competition-bureau-invites-feedback-on-draft-intellectual-property-enforcement-guidelines

Canada’s New Trademark Law Set to Come Into Force June 17, 2019 Canada’s New Trademark Law Set to Come Into Force June 17, 2019

Trademark
November 28, 2018November 28, 20182018-11-28
On November 14, 2018, the Government of Canada announced that amendments to the Trademarks Act and Regulations are set to come into force on June 17, 2019 (Order in Council, PC 2018-1329).  The Government of Canada also published new Trademarks Regulations in Canada Gazette, Part II.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-new-trademark-law-set-to-come-into-force-june-17-2019

Ontario Court of Appeal Opens the Door to Re-Litigating the Validity of Invalidated Patents Ontario Court of Appeal Opens the Door to Re-Litigating the Validity of Invalidated Patents

Patent Litigation
November 28, 2018November 28, 20182018-11-28
On November 8, 2018, in Apotex Inc v Schering Corporation (2018 ONCA 890), the Court of Appeal for Ontario (Court) allowed Schering and Sanofi-Aventis’ (collectively Sanofi) appeal from a decision dismissing Sanofi’s motion to amend their statement of defense.  Sanofi sought leave to amend their pleadings in order to assert the validity of a patent in light of the AstraZeneca Canada Inc v Apotex Inc decision (
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-opens-door-to-relitigating-validity-of-invalidated-patents

New CASL Guidelines Spell Onerous Obligations and Potential Liability for Digital Businesses New CASL Guidelines Spell Onerous Obligations and Potential Liability for Digital Businesses

Telecommunications
November 28, 2018November 28, 20182018-11-28
On November 5, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) released Compliance and Enforcement Information Bulletin CRTC 2018-415 (CRTC 2018-415) on Canada's Anti-Spam Legislation (CASL) that may have far reaching implications for the digital business community. 
Deeth Williams Wall https://www.dww.com/articles/new-casl-guidelines-spell-onerous-obligations-and-potential-liability-for-digital

Federal Court Reaffirms Principle that Copyright Protects Expression, Not Ideas Federal Court Reaffirms Principle that Copyright Protects Expression, Not Ideas

Copyright
November 28, 2018November 28, 20182018-11-28
On November 15, 2018, the Federal Court of Canada (Court) issued its decision in Dean Joseph Evans v Discovery Communications LLC (2018 FC 1153) summarily dismissing the action for copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-reaffirms-principle-copyright-protects-expression-not-ideas

Cannabis Consumers Warned over Potential Privacy Implications of Online Cannabis Purchases Cannabis Consumers Warned over Potential Privacy Implications of Online Cannabis Purchases

Privacy
November 28, 2018November 28, 20182018-11-28
Canada’s Privacy Commissioner (CPC) is preparing to issue guidance for online cannabis purchasers amidst concerns of potential fallout, such as being barred from entry into the United States if transactions become known by third parties.
Deeth Williams Wall https://www.dww.com/articles/cannabis-consumers-warned-over-potential-privacy-implications-of-online-cannabis-purchases

The Government Proposes Patent Act Amendments to Regulate Written Demands The Government Proposes Patent Act Amendments to Regulate Written Demands

Patent
November 14, 2018November 14, 20182018-11-14
On October 29, 2018, Bill C-86, the Budget Implementation Act (the “Bill”), received its first reading in the House of Commons. The Bill proposes many amendments to various pieces of legislation. Among these are amendments to the Patent Act aimed at introducing a regulatory framework around “written demands relating to patents” (i.e. demand letters or cease and desist letters).
Deeth Williams Wall https://www.dww.com/articles/government-proposes-patent-act-amendments-to-regulate-written-demands

Bunny Brand Has Its Day in Court Bunny Brand Has Its Day in Court

Trademark
November 14, 2018November 14, 20182018-11-14
On October 29, 2018, in Energizer Brands, LLC v The Gillette Company, 2018 FC 1003, the Court granted in part The Gillette Company (Duracell)’s motion to strike certain allegations from Energizer’s Statement of Claim.
Deeth Williams Wall https://www.dww.com/articles/bunny-brand-has-its-day-court

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.