Ontario Divisional Court Dismisses Appeal For Class Action Certification Against Facebook Ontario Divisional Court Dismisses Appeal For Class Action Certification Against Facebook

Privacy
April 6, 2022April 6, 20222022-04-06
On March 1, 2022, the Ontario Divisional Court (the Court) issued its decision in Simpson v Facebook, Inc., 2022 ONSC 1284, dismissing an appeal from an order denying certification of a class proceeding against Facebook, Inc. and Facebook Canada LTD. (collectively, Facebook). The proposed class proceeding relates to a privacy incident in which the personal information of Facebook users was improperly shared with Cambridge Analytica Group (Cambridge Analytica).
Deeth Williams Wall https://www.dww.com/articles/ontario-divisional-court-dismisses-appeal-for-class-action-certification-against-facebook

Federal Court of Canada Dismisses Apple’s Bifurcation Motion in Patent Infringement Dispute Federal Court of Canada Dismisses Apple’s Bifurcation Motion in Patent Infringement Dispute

Patent Litigation
April 6, 2022April 6, 20222022-04-06
On February 28, 2022, the Federal Court of Canada (the Court) issued its decision in Wi-Lan Inc. v Apple Canada Inc., 2022 FC 276, dismissing Apple Canada Inc.’s and Apple Inc.’s (collectively, Apple) motion to bifurcate the trial in a patent infringement action.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-apple%E2%80%99s-bifurcation-motion-patent-infringement-dispute

British Columbia’s Provincial Regulator Determines that Federal Political Parties are Subject to British Columbia’s Privacy Law British Columbia’s Provincial Regulator Determines that Federal Political Parties are Subject to British ...

Privacy
April 6, 2022April 6, 20222022-04-06
On March 1, 2022, the Office of the Information & Privacy Commissioner for British Columbia (OIPC) in Conservative Party of Canada (Re), 2022 BCIPC 13, found that British Columbia’s Personal Information Protection Act (PIPA) applies to federal political parties.
Deeth Williams Wall https://www.dww.com/articles/british-columbia%E2%80%99s-provincial-regulator-determines-federal-political-parties-are-subject

EU and US Announce New Deal On Trans-Atlantic Data Privacy Framework EU and US Announce New Deal On Trans-Atlantic Data Privacy Framework

Privacy
April 6, 2022April 6, 20222022-04-06
On March 25, 2022, the European Commission (EC) and the United States (US) announced reaching a new deal in principle on cross-border data flows. The new deal is aimed to establish a legal mechanism, referred to as the Trans-Atlantic Data Privacy Framework, for European Union (EU) personal data transfers to the US. It is intended to replace the EU-US Privacy Shield invalidated by the Court of Justice of the European Union in July 2020, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/eu-and-us-announce-new-deal-on-transatlantic-data-privacy-framework

Federal Court Of Canada Dismisses Summary Judgment Motion In Patent Infringement Action Involving Parallel US Proceeding Federal Court Of Canada Dismisses Summary Judgment Motion In Patent Infringement Action Involving Paralle...

Patent Litigation
March 22, 2022March 22, 20222022-03-23
On December 22, 2021, the Federal Court of Canada (the Court) in Google LLC v Sonos, Inc., 2021 FC 1462 (released earlier this month), dismissed Sonos, Inc.’s (Sonos) motion for summary judgment that relied on a voluntary dismissal of a parallel patent infringement action in the United States (US). The Court held that Sonos had failed to establish that there was no genuine issue for trial in Canada.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-summary-judgment-motion-patent-infringement-action

European Committee Publishes Proposed Amendments To Regulation On Artificial Intelligence European Committee Publishes Proposed Amendments To Regulation On Artificial Intelligence

Information Technology
March 22, 2022March 22, 20222022-03-23
On February 28, 2022, the European Committee of the Regions (ECR) published its recommendations for amendments to the European Commission’s proposal (the Draft Regulation) for a regulation laying down harmonised rules on artificial intelligence (AI).
Deeth Williams Wall https://www.dww.com/articles/european-committee-publishes-proposed-amendments-to-regulation-on-artificial-intelligence

Federal Court of Canada Concludes That Trademark Consisting Of Line Of Latitude Is Unregistrable Federal Court of Canada Concludes That Trademark Consisting Of Line Of Latitude Is Unregistrable

Trademark and Copyright Litigation
March 22, 2022March 22, 20222022-03-23
On February 22, 2022, the Federal Court of Canada (the Court) issued its decision in Nia Wine Group Co., Ltd. v North 42 Degrees Estate Winery Inc., 2022 FC 241, in which it held that “place of origin” under section 12(1)(b) of the Trademarks Act (the Act) can include a line of latitude.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-concludes-trademark-consisting-of-line-of-latitude-unregistrable

President Biden Issues An Executive Order On Ensuring Responsible Development Of Digital Assets President Biden Issues An Executive Order On Ensuring Responsible Development Of Digital Assets

Information Technology
March 22, 2022March 22, 20222022-03-23
On March 9, 2022, President Joe Biden signed an executive order (the Order), that outlined the United States government’s strategy regarding the regulation of digital assets, such as cryptocurrencies.
Deeth Williams Wall https://www.dww.com/articles/president-biden-issues-an-executive-order-on-ensuring-responsible-development-of-digital

Federal Court Awards Compensatory & Punitive Damages On Summary Trial Relating To Counterfeit Lululemon Goods Federal Court Awards Compensatory & Punitive Damages On Summary Trial Relating To Counterfeit Lululemon G...

Trademark and Copyright Litigation
March 8, 2022March 8, 20222022-03-09
On February 14, 2022, the Federal Court of Canada (the Court) issued its decision in Lululemon Athletica Canada Inc. v Campbell, 2022 FC 194. In its decision, the Court noted that the evidence of infringement was “overwhelming”, granted a motion for summary trial brought by Lululemon Athletica Canada Inc. (Lululemon) and awarded compensatory damages, punitive damages, and an injunction.
Deeth Williams Wall https://www.dww.com/articles/federal-court-awards-compensatory-punitive-damages-on-summary-trial-relating-to

Ontario Government Proposes New Disclosure Requirement Regarding the Electronic Monitoring of Employees Ontario Government Proposes New Disclosure Requirement Regarding the Electronic Monitoring of Employees

Privacy
March 8, 2022March 8, 20222022-04-14
On February 28, 2022, the Ontario legislature introduced Bill 88, Working for Workers Act, 2022 (Bill 88). If passed, Bill 88 will, among other changes, require employers to have a written electronic monitoring policy in place.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-proposes-new-disclosure-requirement-regarding-electronic-monitoring-of

Ontario Superior Court of Justice Grants Interlocutory Injunction in “Bombay Frankie” Trademark Dispute Ontario Superior Court of Justice Grants Interlocutory Injunction in “Bombay Frankie” Trademark Dispute

Trademark and Copyright Litigation
March 8, 2022March 8, 20222022-03-09
On February 10, 2022, the Ontario Superior Court of Justice (the Court) in 2788610 Ontario Inc. v Bhagwani et al., 2022 ONSC 905, issued an interlocutory injunction prohibiting Hemant Bhagwani, Fatima Bhagwani, 1727799 Ontario Inc. and Bombay Frankie Inc. (collectively, the Defendants), from using the term “Bombay Frankie” as the name of any restaurant or franchising business, social media account, or website.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-grants-interlocutory-injunction-%E2%80%9Cbombay-frankie%E2%80%9D

US Supreme Court Evaluates Scope of Safe Harbor Provision For Mistakes Made During Copyright Registrations US Supreme Court Evaluates Scope of Safe Harbor Provision For Mistakes Made During Copyright Registration...

Trademark and Copyright Litigation
March 8, 2022March 8, 20222022-03-09
On February 24, 2022, the Supreme Court of the United States (SCOTUS) issued its decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L. P., Case No. 20-915, holding that a lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under 17 U.S.C. § 411(b)(1)(A), the safe harbor provision of the US Copyright Act.
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-evaluates-scope-of-safe-harbor-provision-for-mistakes-made-during

Government of Ontario Launches New Intellectual Property Agency Government of Ontario Launches New Intellectual Property Agency

Intellectual Property
March 8, 2022March 8, 20222022-03-09
On March 3, 2022, the Government of Ontario announced the launch of a new board-governed agency, Intellectual Property Ontario. The new agency is meant to serve as a go-to resource of intellectual property (IP) expertise “to help researchers and companies maximize the value of their IP, strengthen their capacity to grow and compete in the global market”.
Deeth Williams Wall https://www.dww.com/articles/government-of-ontario-launches-new-intellectual-property-agency

June 17, 2022 Is Coming In Canada. Are You Ready? June 17, 2022 Is Coming In Canada. Are You Ready?

Trademarks
February 23, 2022February 23, 20222022-02-23
June 17, 2022 is a significant day in Canadian trademark practice. Why? That day is the third anniversary of the coming into force of significant amendments to Canada’s Trademarks Act. Why should you care?
Deeth Williams Wall https://www.dww.com/articles/june-17-2022-coming-canada-are-you-ready

Ontario Superior Court Of Justice Finds The Tort Of Intrusion Upon Seclusion Does Not Extend To “Constructive Intruders” Ontario Superior Court Of Justice Finds The Tort Of Intrusion Upon Seclusion Does Not Extend To “Construc...

Privacy
February 23, 2022February 23, 20222022-02-24
On January 17, 2022, the Ontario Superior Court of Justice (the Court) in Winder v Marriott International, Inc., 2022 ONSC 390, found no legally viable cause of action for intrusion upon seclusion against Marriott International Inc., Luxury Hotels International of Canada ULC and Starwood Canada ULC (collectively, Marriott) since it was not an intruder for the purposes of the tort of intrusion upon seclusion recognized in Jones v Tsige, 2012 ONCA 32.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-finds-tort-of-intrusion-upon-seclusion-does-not-extend

Federal Court Of Canada Finds Trademark Infringement Of UBS Group AG’s Marks In Confusion Analysis Federal Court Of Canada Finds Trademark Infringement Of UBS Group AG’s Marks In Confusion Analysis

Trademark and Copyright Litigation
February 23, 2022February 23, 20222022-02-23
On February 3, 2022, the Federal Court of Canada (the Court) issued its decision in UBS Group AG v Yones, 2022 FC 132, granting default judgement and finding that Unified Business Solutions Group Inc. (Unified) had infringed UBS Group AG’s trademark rights.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-trademark-infringement-of-ubs-group-ag%E2%80%99s-marks-confusion

British Columbia Court Declines To Certify Class Action Lawsuit Against Facebook British Columbia Court Declines To Certify Class Action Lawsuit Against Facebook

Privacy
February 23, 2022February 23, 20222022-02-23
On January 27, 2022, the Supreme Court of British Columbia (the Court) issued its decision in Chow v Facebook, Inc., 2022 BCSC 137 (Chow), declining to certify a class action lawsuit against Facebook.
Deeth Williams Wall https://www.dww.com/articles/british-columbia-court-declines-to-certify-class-action-lawsuit-against-facebook

Federal Court Of Canada Finds Infringement And Depreciation Of Goodwill Of SASSAFRAZ Trademark Federal Court Of Canada Finds Infringement And Depreciation Of Goodwill Of SASSAFRAZ Trademark

Trademark and Copyright Litigation
February 23, 2022February 23, 20222022-02-23
On February 2, 2022, the Federal Court of Canada (the Court) released its decision in 1196278 Ontario Inc DBA Sassafraz v 815470 Ontario Ltd DBA Sassafras Coastal Kitchen & Bar, 2022 FC 116. In that decision, the Court granted declaratory and injunctive relief, and nominal damages, for trademark infringement and depreciation of goodwill of the registered trademark SASSAFRAZ.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-infringement-and-depreciation-of-goodwill-of-sassafraz

Federal Court of Canada Determines Patent Infringement by Summary Trial Under the PM(NOC) Regulations Federal Court of Canada Determines Patent Infringement by Summary Trial Under the PM(NOC) Regulations

Pharmaceutical Patent Litigation
February 9, 2022February 9, 20222022-02-09
On January 19, 2022, the Federal Court of Canada (Court) in Janssen Inc. v. Pharmascience Inc., 2022 FC 62, found a summary trial proceeding to be appropriate in determining the issue of patent infringement in an action under the Patented Medicines (Notice of Compliance) Regulations (the Regulations). The Court also clarified the parties’ burden on a motion for summary trial.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-determines-patent-infringement-by-summary-trial-under-pmnoc

British Columbia’s Financial Services Regulator Considers Implementing Stronger Measures For Reporting Information Security Incidents British Columbia’s Financial Services Regulator Considers Implementing Stronger Measures For Reporting In...

Cybersecurity
February 9, 2022February 9, 20222022-02-09
On January 17, 2022, the BC Financial Services Authority (BCFSA) issued a Discussion Paper on the reporting obligations for financial institutions with respect to information security (IS) incidents. In the Discussion Paper, BCFSA is considering implementing new mandatory reporting obligations for financial institutions.
Deeth Williams Wall https://www.dww.com/articles/british-columbia%E2%80%99s-financial-services-regulator-considers-implementing-stronger-measures

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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