Ontario Cannabis Store Privacy Breach Affects Thousands of Recreational Cannabis Buyers Ontario Cannabis Store Privacy Breach Affects Thousands of Recreational Cannabis Buyers

Privacy
November 14, 2018November 14, 20182018-11-14
On November 7, 2018, the Ontario Cannabis Store (“OCS”) announced it had suffered a privacy breach involving approximately 4,500 customers who purchased recreational cannabis online. According to the OCS’s statement, Canada Post first notified the OCS about the breach on November 1, stating that the delivery information of OCS’s customers was accessed by an individual through the Canada Post’s delivery tracking tool.
Deeth Williams Wall https://www.dww.com/articles/ontario-cannabis-store-privacy-breach-affects-thousands-of-recreational-cannabis-buyers

Canada Modernizes its Industrial Design Regime to Implement the Hague Agreement Canada Modernizes its Industrial Design Regime to Implement the Hague Agreement

Industrial Design
November 14, 2018November 14, 20182018-11-14
On November 5, 2018, extensive changes to Canada’s Industrial Design Act (Act), Industrial Design Regulations (Regulations) and Industrial Design Practice Manual (Manual), came into effect (previously reported in E-TIPS®).
Deeth Williams Wall https://www.dww.com/articles/canada-modernizes-its-industrial-design-regime-to-implement-hague-agreement

Controversial "Mansized" Tissues Pulled from U.K. Stores Amidst Complaints of Sexism Controversial "Mansized" Tissues Pulled from U.K. Stores Amidst Complaints of Sexism

Trademark
November 14, 2018November 14, 20182018-11-14
When searching for a trademark, one should consider all connotations, and potential public outcry, stemming from the use of the mark.  Kleenex learned that lesson first-hand over the last few weeks after their use of the term "Mansize" to describe extra-large tissues faced consumer complaints of being sexist.
Deeth Williams Wall https://www.dww.com/articles/controversial-mansized-tissues-pulled-from-uk-stores-amidst-complaints-of-sexism

United States Court of Appeals Considers Patent-Eligibility of Spreadsheet Tabs United States Court of Appeals Considers Patent-Eligibility of Spreadsheet Tabs

Patent
October 31, 2018October 31, 20182018-10-31
On October 9, 2018, the United States Court of Appeals for the Federal Circuit (“the Court”), in Data Engine Techs. LLC v. Google LLC, considered whether the asserted claims of U.S. Patent Nos. 5,590,259 (‘259 Patent), 5,784,545, 6,282,551 (‘551 Patent), and 5,303,146 are directed to patent-eligible subject matter. These claims, which claim systems and methods relating to spreadsheet tabs, were found by the Court to be (mostly) directed to patent-eligible subject matter.
Deeth Williams Wall https://www.dww.com/articles/united-states-court-of-appeals-considers-patenteligibility-of-spreadsheet-tabs

Federal Court of Appeal finds CRTC’s Regulation of Affiliation Agreements as Ultra Vires Federal Court of Appeal finds CRTC’s Regulation of Affiliation Agreements as Ultra Vires

Copyright
October 31, 2018October 31, 20182018-10-31
On October 1, 2018, in Bell Canada v 7265921 Canada Ltd (2018 FCA 174), the Federal Court of Appeal (Court) found that the Canadian Radio-Television Commission (CRTC)’s regulation of affiliation agreements between content creators and broadcasters exceeded the CRTC’s jurisdiction under the Broadcasting Act.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-crtc%E2%80%99s-regulation-of-affiliation-agreements-as-ultra-vires

Federal Court Rules That Official Mark Status is Not a Defence to Trademark Infringement Federal Court Rules That Official Mark Status is Not a Defence to Trademark Infringement

Trademark and Copyright Litigation
October 31, 2018October 31, 20182018-10-31
On October 4, 2018, in Quality Program Services Inc v Her Majesty the Queen in Right of Ontario as Represented by the Minister of Energy (2018 FC 971), the Federal Court ruled that the Ontario government (Ontario)’s use of the mark “emPOWERme” is confusing with Quality Program Services Inc (QPS)’s registered trademark, and that an official mark is not an absolute defence to infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-rules-official-mark-status-not-a-defence-to-trademark-infringement

Yahoo! Settles Consumer Class Actions Resulting From Data Breaches to a Tune of $85M USD Yahoo! Settles Consumer Class Actions Resulting From Data Breaches to a Tune of $85M USD

Information Technology
October 31, 2018October 31, 20182018-10-31
Yahoo has agreed to pay up to $85 million USD to settle consumer class actions involving more than 200 people and up to three billion Yahoo accounts in relation to the company’s data breaches between 2012 and 2016.  Both sides reached the settlement after mediation sessions in San Francisco in August and September of this year.
Deeth Williams Wall https://www.dww.com/articles/yahoo-settles-consumer-class-actions-resulting-from-data-breaches-to-a-tune-of-85m-usd

PIPEDA’s Data Breach Reporting Requirements Now In Force PIPEDA’s Data Breach Reporting Requirements Now In Force

Privacy
October 31, 2018October 31, 20182018-10-31
On November 1, 2018, as previously reported on in the E-TIPS® newsletter, the Personal Information Protection and Electronic Documents Act (PIPEDA)’s amendments establishing mandatory data breach reporting obligations set out in Division 1.1 of the statute come into effect.
Deeth Williams Wall https://www.dww.com/articles/pipeda%E2%80%99s-data-breach-reporting-requirements-now-force

Federal Court to Determine Whether PIPEDA Applies to Search Engine Services Federal Court to Determine Whether PIPEDA Applies to Search Engine Services

Privacy
October 31, 2018October 31, 20182018-10-31
On October 10, 2018, the Office of the Privacy Commissioner of Canada (“OPC”) announced that it is seeking the Federal Court’s clarification on whether Google’s search engine is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). The OPC's reference application seeks a determination on two questions:
Deeth Williams Wall https://www.dww.com/articles/federal-court-to-determine-whether-pipeda-applies-to-search-engine-services

Federal Cannabis Act Came Into Force Federal Cannabis Act Came Into Force

Regulatory Law
October 17, 2018October 17, 20182018-10-18
The Federal Cannabis Act came into force on June 21, 2018 and came into force on October 17, 2018. The Cannabis Act permits the sale, possession and use of recreational cannabis, but only when sold by a Province, or, in some cases, when grown by the user. The federal regulations made under the Act (the Cannabis Regulations) came into force on the same day as the Act. Each province has made laws and regulations to implement the provincial areas of this substantial change.  There are considerable variations in availability from province to province.
Deeth Williams Wall https://www.dww.com/articles/federal-cannabis-act-came-into-force

CRTC Denies Application Proposing Website Blocking Regime CRTC Denies Application Proposing Website Blocking Regime

Copyright
October 17, 2018October 17, 20182018-10-17
On October 2, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) in decision CRTC 2018-384 denied an application by Bell Canada, Rogers Communications Canada Inc, the Canadian Broadcasting Corporation Limited and a number of other persons (collectively, FairPlay) proposing a new website blocking regime. FairPlay filed its application with the CRTC requesting that the CRTC implement certain measures under the Telecommunicaitons Act to:
Deeth Williams Wall https://www.dww.com/articles/crtc-denies-application-proposing-website-blocking-regime

United States-Mexico-Canada Agreement (USMCA) Extends Copyright and Patent Terms United States-Mexico-Canada Agreement (USMCA) Extends Copyright and Patent Terms

Copyright
October 17, 2018October 17, 20182018-10-17
On September 30, 2018, Canada signed the United States-Mexico-Canada Agreement (USMCA). Chapter 20 of the USMCA imposes a number of obligations on parties relating to intellectual property. Among these, the USMCA requires parties to provide copyright protection for at least the life of the author plus 70 years.  Currently, Canadian law only provides copyright protection for the life of the author plus 50 years.
Deeth Williams Wall https://www.dww.com/articles/united-statesmexicocanada-agreement-usmca-extends-copyright-and-patent-terms

US Court of Appeals Affirms That the Marks “CORN THINS” and “RICE THINS” are Merely Descriptive US Court of Appeals Affirms That the Marks “CORN THINS” and “RICE THINS” are Merely Descriptive

Trademark
October 17, 2018October 17, 20182018-10-17
On October 4, 2018, the US Court of Appeals for the Federal Circuit (the Court) unsealed its decision in Real Foods Pty Ltd v Frito-Lay North America, Inc, No. 17-1959 (Fed Cir 2018), in which it affirmed on the issue of descriptiveness, and remanded on the issue of genericness.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-affirms-marks-%E2%80%9Ccorn-thins%E2%80%9D-and-%E2%80%9Crice-thins%E2%80%9D-are-merely-descriptive

UK High Court Dismisses a Compensation Claim Against Google for Alleged Data Breach UK High Court Dismisses a Compensation Claim Against Google for Alleged Data Breach

Privacy
October 17, 2018October 17, 20182018-10-17
On October 8, 2018, the UK High Court of Justice (the Court) in Lloyd v Google LLC [2018] EWHC 2599 (QB) dismissed a representative action against Google seeking compensation under section 13 of the Data Protection Act 1998 (DPA) for allegations that Google unlawfully collected personal data of iPhone users.
Deeth Williams Wall https://www.dww.com/articles/uk-high-court-dismisses-a-compensation-claim-against-google-for-alleged-data-breach

Canadian Largest Food-Service Restaurant Company Falls Victim to Cyberattack Canadian Largest Food-Service Restaurant Company Falls Victim to Cyberattack

Information Technology
October 17, 2018October 17, 20182018-10-17
RECIPE Unlimited Corp, the Canadian largest full-service restaurant company that owns brands including Swiss Chalet, Harvey’s and East Side Mario’s, suffered a ransomware attack that left many of its locations temporarily closed or with limited operations.
Deeth Williams Wall https://www.dww.com/articles/canadian-largest-foodservice-restaurant-company-falls-victim-to-cyberattack

Change in Priority Claim Leads to Invalid Patents Change in Priority Claim Leads to Invalid Patents

Patent
October 17, 2018October 17, 20182018-10-17
On October 1, 2018, the United States Court of Appeals for the Federal Circuit (Court), in Natural Alternatives International Inc v Andrei Iancu, affirmed a decision of the United States Patent and Trademark Office, Patent Trial and Appeal Board (PTAB) upholding the rejection of US Patent No. 8,067,381 (‘381 Patent)’s challenged claims. 
Deeth Williams Wall https://www.dww.com/articles/change-priority-claim-leads-to-invalid-patents

U.S.-Mexico-Canada Trade Agreement with the U.S. Will Extend Data Exclusivity for Biologics in Canada U.S.-Mexico-Canada Trade Agreement with the U.S. Will Extend Data Exclusivity for Biologics in Canada

Intellectual Property
October 4, 2018October 4, 20182018-10-04
On September 30, 2018, Canada reached a new trade agreement with the U.S. (the U.S.-Mexico-Canada Agreement or USMCA). Under Chapter 20 of USMCA, Canada agreed to extend its data protection for biologics to 10 years.
Deeth Williams Wall https://www.dww.com/articles/usmexicocanada-trade-agreement-us-will-extend-data-exclusivity-for-biologics-canada

OPC Releases Draft Guidance Relating to PIPEDA’s Breach Notification Safeguards OPC Releases Draft Guidance Relating to PIPEDA’s Breach Notification Safeguards

Privacy
October 4, 2018October 4, 20182018-10-04
Starting November 1, 2018, companies governed by the Personal Information Protection and Electronic Documents Act (PIPEDA), will be required to report data breaches to affected customers, third parties and the federal Privacy Commissioner. The Office of the Privacy Commissioner (OPC) has prepared draft guidance in order to help businesses comply with these new mandatory breach reporting requirements. 
Deeth Williams Wall https://www.dww.com/articles/opc-releases-draft-guidance-relating-to-pipeda%E2%80%99s-breach-notification-safeguards

Canadian Analytics Firm Served with GDPR Enforcement Notice Canadian Analytics Firm Served with GDPR Enforcement Notice

Privacy
October 4, 2018October 4, 20182018-10-04
The UK Information Commissioner’s Office (“the Commissioner”) recently served a formal Enforcement Notice (“the Notice”) under the European Union’s (“EU”) General Data Protection Regulation EU2016/679 (“GDPR”) against Canadian data analytics firm, AggregateIQ Data Services (AIQ). The GDPR came into force on May 25, 2018, and failure to adequately protect individual’s personal data in compliance with the GDPR can result in fines of up to €20 million or 4% of annual global turnover, whichever is higher.
Deeth Williams Wall https://www.dww.com/articles/canadian-analytics-firm-served-gdpr-enforcement-notice

IBM Requests Double Damages in Patent Infringement Case Against Groupon IBM Requests Double Damages in Patent Infringement Case Against Groupon

Patent Litigation
October 4, 2018October 4, 20182018-10-04
In a post-trial motion made public September 26, 2018, International Business Machines Corp. (IBM) requested that the US District Court for the District of Delaware double the $82.5M USD patent damages owed by Groupon Inc. (Groupon) to a total of $165M USD.
Deeth Williams Wall https://www.dww.com/articles/ibm-requests-double-damages-patent-infringement-case-against-groupon

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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