Italian Data Protection Authority Bans ChatGPT Until OpenAI Meets Privacy Compliance Requirements Italian Data Protection Authority Bans ChatGPT Until OpenAI Meets Privacy Compliance Requirements

Privacy
April 19, 2023April 19, 20232023-04-19
On March 31, 2023, Italy’s Data Protection Authority (the Regulator) issued a press release detailing its order for an immediate ban on the artificial intelligence (AI) platform, ChatGPT (the Order). The Order requires the US-based company behind ChatGPT, OpenAI, LLC, to temporarily cease processing Italian users’ data until it rectifies its privacy practices, which has resulted in ChatGPT being temporarily unavailable for users in Italy.
Deeth Williams Wall https://www.dww.com/articles/italian-data-protection-authority-bans-chatgpt-until-openai-meets-privacy-compliance

Federal Court Of Canada Dismisses Appeal Of Refusal Of Trademark Application For TRIBAL CHOCOLATE Federal Court Of Canada Dismisses Appeal Of Refusal Of Trademark Application For TRIBAL CHOCOLATE

Trademark and Copyright Litigation
April 19, 2023April 19, 20232023-04-19
On March 28, 2023, the Federal Court of Canada (the Court) issued its decision in Tweak-D Inc v Attorney General of Canada, 2023 FC 427, dismissing Tweak-D Inc’s (the Applicant’s) appeal from a decision of the Registrar of Trademarks (the Registrar) refusing an application to register the trademark TRIBAL CHOCOLATE, in relation to hair care products, because it was confusing with a registered trademark for TRIBAL.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-appeal-of-refusal-of-trademark-application-for-tribal

British Columbia Supreme Court Certifies Privacy Class Action Seeking To Hold Employer Vicariously Liable For Employee’s Misconduct British Columbia Supreme Court Certifies Privacy Class Action Seeking To Hold Employer Vicariously Liable...

Privacy
April 19, 2023April 19, 20232023-04-19
On March 13, 2023, the British Columbia Supreme Court (the Court) issued its decision in Burke v Red Barn at Mattick’s Ltd, 2023 BCSC 367, certifying a class action lawsuit against an assistant manager at the grocery store, Red Barn at Mattick’s Ltd (RBM,) for breach of privacy, and against RBM for negligence.
Deeth Williams Wall https://www.dww.com/articles/british-columbia-supreme-court-certifies-privacy-class-action-seeking-to-hold-employer

Federal Court Of Canada Finds Commissioner Of Patents Erred In Assessment of Inventive Concept Federal Court Of Canada Finds Commissioner Of Patents Erred In Assessment of Inventive Concept

Patent Litigation
April 19, 2023April 19, 20232023-04-19
On March 28, 2023, the Federal Court of Canada (the Court) in Coca-Cola Company v Canada (Attorney General), 2023 FC 424, held that the Commissioner of Patents (the Commissioner) erred in law in its assessment of the inventive concept relating to a patent for plastic beverage and food containers and methods for making same, and ordered the matter to be referred back to the Commissioner for redetermination of certain claims.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-commissioner-of-patents-erred-assessment-of-inventive

Federal Court of Canada Launches Pilot Project, Creating Intellectual Property and Competition Chambers Federal Court of Canada Launches Pilot Project, Creating Intellectual Property and Competition Chambers

Intellectual Property
April 4, 2023April 4, 20232023-04-05
On March 2, 2023, the Federal Court of Canada (the Court) published a Notice to the Parties and the Profession titled “Pilot Project: Chambers of the Court” (the Notice), announcing the creation of the following three specialized Chambers of the Court: 1. Intellectual Property and Competition Chambers; 2. Maritime and Admiralty Chambers; and 3. Class Actions Chambers.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-launches-pilot-project-creating-intellectual-property-and

Federal Court of Canada Dismisses Wiseau Studio’s Appeal on Copyright Infringement Action Federal Court of Canada Dismisses Wiseau Studio’s Appeal on Copyright Infringement Action

Trademark and Copyright Litigation
April 4, 2023April 4, 20232023-04-05
On March 16, 2023, the Federal Court of Canada (the Federal Court) issued its decision in Wiseau Studio, LLC v Harper, 2023 FC 354, dismissing Wiseau Studio, LLC’s (the Plaintiff’s) appeal from a previous decision finding that its cause of action for copyright infringement was barred based on cause of action estoppel, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-wiseau-studio%E2%80%99s-appeal-on-copyright-infringement-action

Federal Court Of Canada Grants Summary Trial Judgment For Copyright And Trademark Infringement Federal Court Of Canada Grants Summary Trial Judgment For Copyright And Trademark Infringement

Trademark and Copyright Litigation
April 4, 2023April 4, 20232023-04-05
On March 21, 2023, the Federal Court of Canada (the Court) issued its decision in Dermaspark Products Inc v Patel, 2023 FC 388, in which it awarded compensatory and punitive damages for copyright and trademark infringement on summary trial.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-summary-trial-judgment-for-copyright-and-trademark

US Copyright Office Shares Guidance On Registrations Containing AI-Generated Works US Copyright Office Shares Guidance On Registrations Containing AI-Generated Works

Copyright
April 4, 2023April 4, 20232023-04-05
On March 16, 2023, the U.S. Copyright Office (the Office) issued a statement of policy (the Guidance), describing how the Office examines human authorship under copyright law for applications to register works containing content generated with artificial intelligence (AI) technology. In the Guidance, the Office affirms that copyright may only protect material that is the product of human creativity, specifying that the term “author” excludes non-humans.
Deeth Williams Wall https://www.dww.com/articles/us-copyright-office-shares-guidance-on-registrations-containing-aigenerated-works

Federal Court Of Canada Expunges TRAVEL LEADERS Trademark Federal Court Of Canada Expunges TRAVEL LEADERS Trademark

Trademark and Copyright Litigation
March 21, 2023March 21, 20232023-03-22
On March 8, 2023, the Federal Court of Canada (the Court) issued its decision in Travel Leaders Group, LLC v 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319, expunging the trademark registration for TRAVEL LEADERS owned by 2042923 Ontario Inc. (Ontario Inc.) because it was abandoned by the owner.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-expunges-travel-leaders-trademark

Government Of Canada Publishes A Companion Document To The Artificial Intelligence And Data Act Government Of Canada Publishes A Companion Document To The Artificial Intelligence And Data Act

Information Technology
March 21, 2023March 21, 20232023-03-22
On March 13, 2023, Innovation, Science and Economic Development Canada (ISED) published a companion document to the Artificial Intelligence and Data Act (AIDA). The Government of Canada introduced the AIDA in June 2022 as part of Bill C-27, the Digital Charter Implementation Act, 2022, as previously reported by the E-TIPS® Newsletter here. The companion document provides an overview of Canada’s artificial intelligence (AI) landscape and further details how the AIDA would work in practice.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-publishes-a-companion-document-to-artificial-intelligence-and-data

Federal Court Of Canada Awards Damages Related To Online Sales Of Counterfeit Louis Vuitton Goods Federal Court Of Canada Awards Damages Related To Online Sales Of Counterfeit Louis Vuitton Goods

Trademark and Copyright Litigation
March 21, 2023March 21, 20232023-03-22
On March 1, 2023, the Federal Court of Canada (the Court) issued its decision in Louis Vuitton Malletier v Sheine Reyes Rosales, 2023 FC 217, in which it granted Louis Vuitton Malletier’s and Louis Vuitton Canada, Inc.’s (collectively, Louis Vuitton’s) motion for default judgment, finding that Sheine Reyes Rosales (the Defendant) engaged in activity that infringed the Louis Vuitton’s trademarks, namely, selling counterfeit products bearing the registered Louis Vuitton trademarks (the Marks), which continued despite two cease and desist letters.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-damages-related-to-online-sales-of-counterfeit-louis

US Food And Drug Administration Releases Discussion Paper On The Application Of Artificial Intelligence In Drug Manufacturing US Food And Drug Administration Releases Discussion Paper On The Application Of Artificial Intelligence I...

Information Technology
March 21, 2023March 21, 20232023-03-24
On March 1, 2023, the United States Food and Drug Administration’s Center for Drug Evaluations and Research (CDER) released a discussion paper on the application of artificial intelligence (AI) in drug manufacturing (the Paper). The Paper identifies areas of consideration for public input and CDER welcomes feedback from stakeholders to assist in the evaluation and development of policy in the space.
Deeth Williams Wall https://www.dww.com/articles/us-food-and-drug-administration-releases-discussion-paper-on-application-of-artificial

Federal Court Of Canada Holds That Defendant May Counterclaim Against A Non-Asserted Patent Claim In A PM(NOC) Proceeding Federal Court Of Canada Holds That Defendant May Counterclaim Against A Non-Asserted Patent Claim In A PM...

Pharmaceutical Patent Litigation
March 8, 2023March 8, 20232023-03-08
On February 17, 2023, the Federal Court of Canada (the Court) issued its decision in Boehringer Ingelheim (Canada) Ltd. et al. v Sandoz Canada Inc., 2023 FC 241, in which it held that defendants may counterclaim as of right against non-asserted patent claims in actions commenced under section 6(1) of the Patented Medicines (Notice of Compliance) Regulations (the Regulations).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-holds-defendant-may-counterclaim-against-a-nonasserted-patent

Office of the Privacy Commissioner Submits Brief Outlining Privacy Principles For Government Institutions Acting In An Emergency Office of the Privacy Commissioner Submits Brief Outlining Privacy Principles For Government Institutions...

Privacy
March 8, 2023March 8, 20232023-03-08
On January 30, 2023, the Office of the Privacy Commissioner of Canada (OPC) announced that it had provided the Joint Chairs of the Special Joint Committee on the Declaration of Emergency with a brief (the Brief), which outlines the key principles for government institutions to follow during an emergency to ensure that privacy rights are respected.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-submits-brief-outlining-privacy-principles-for-government

Alberta Court of Appeal Dismisses Appeal For Class Action Certification Related To Uber Data Breach Alberta Court of Appeal Dismisses Appeal For Class Action Certification Related To Uber Data Breach

Privacy
March 8, 2023March 8, 20232023-03-08
On February 7, 2023, the Alberta Court of Appeal (the Court) issued its decision in Setoguchi v Uber BV, 2023 ABCA 45, upholding the lower court’s dismissal of a class certification motion for a data breach that impacted personal information collected by Uber.
Deeth Williams Wall https://www.dww.com/articles/alberta-court-of-appeal-dismisses-appeal-for-class-action-certification-related-to-uber

UK Court of Appeal Finds Serious Issue to be Tried in Novel Case Regarding Fiduciary Duties of Bitcoin Developers UK Court of Appeal Finds Serious Issue to be Tried in Novel Case Regarding Fiduciary Duties of Bitcoin De...

Information Technology
March 8, 2023March 8, 20232023-03-08
On February 3, 2023, the England and Wales Court of Appeal (the Court) released its decision in Tulip Trading Limited (A Seychelles Company) v Bitcoin Association For BSV & Ors [2023] EWCA Civ 83, finding a serious issue to be tried on the question of whether bitcoin developers may owe fiduciary duties or duties in tort to cryptocurrency owners.
Deeth Williams Wall https://www.dww.com/articles/uk-court-of-appeal-finds-serious-issue-to-be-tried-novel-case-regarding-fiduciary-duties

US Jury Finds “MetaBirkin” NFTs Infringed Hermès’ Trademark Rights In First NFT Trademark Dispute US Jury Finds “MetaBirkin” NFTs Infringed Hermès’ Trademark Rights In First NFT Trademark Dispute

Trademark and Copyright Litigation
February 22, 2023February 22, 20232023-02-22
On February 8, 2023, in Hermès International, et al. v Rothschild, S.D.N.Y., No. 1:22-cv-00384, a nine-person jury in the US District Court for the Southern District of New York found Mason Rothschild liable to Hermès International and Hermès of Paris, Inc. (collectively, Hermès) for trademark infringement, trademark dilution, and cybersquatting, awarding $133,000 in total damages. This constitutes the first decision considering the nexus of intellectual property law and non-fungible tokens (NFTs).
Deeth Williams Wall https://www.dww.com/articles/us-jury-finds-%E2%80%9Cmetabirkin%E2%80%9D-nfts-infringed-herm%C3%A8s%E2%80%99-trademark-rights-first-nft-trademark

Federal Court Of Canada Expunges Chinese Character Trademarks On The Basis Of Confusion With Prior Registrations And Bad Faith Federal Court Of Canada Expunges Chinese Character Trademarks On The Basis Of Confusion With Prior Regist...

Trademark and Copyright Litigation
February 22, 2023February 22, 20232023-02-22
On February 8, 2023, the Federal Court of Canada (the Court) issued its decision in Cheung’s Bakery Products Ltd. v Easywin Ltd., 2023 FC 190, in which it expunged two Chinese character trademark registrations owned by Easywin Ltd. (Easywin) on the basis of confusion with prior trademark registrations and bad faith.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-expunges-chinese-character-trademarks-on-basis-of-confusion-prior

Ontario Government To Eliminate Fax Machines Within The Next Five Years To Promote Patient Privacy And Access To Health Care Ontario Government To Eliminate Fax Machines Within The Next Five Years To Promote Patient Privacy And Ac...

Privacy
February 22, 2023February 22, 20232023-02-22
On February 2, 2023, Ontario’s Ministry of Health (the Ministry) released its new health care plan, entitled Your Health: A Plan for Connected and Convenient Care (the Plan). As part of the Plan, the Ministry intends to replace fax machines with digital communication alternatives at all Ontario health care providers within the next five years.
Deeth Williams Wall https://www.dww.com/articles/ontario-government-to-eliminate-fax-machines-within-next-five-years-to-promote-patient

Federal Court Of Canada Partially Grants Appeal In Non-Use Cancellation Proceeding Concerning Horse Tack Federal Court Of Canada Partially Grants Appeal In Non-Use Cancellation Proceeding Concerning Horse Tack

Trademark and Copyright Litigation
February 22, 2023February 22, 20232023-02-22
On February 7, 2023, the Federal Court of Canada (the Court) issued its decision in Master Saddles Inc v Moffat & Co, 2023 FC 179, in which it partially granted Master Saddles Inc.’s (Masters Saddles) appeal of a section 45 decision of the Trademarks Opposition Board (the Board).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-partially-grants-appeal-nonuse-cancellation-proceeding-concerning

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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