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

Office of the Privacy Commissioner of Canada Releases Results of Investigation into Home Depot Sharing Customer Data without Consent Office of the Privacy Commissioner of Canada Releases Results of Investigation into Home Depot Sharing Cu...

Privacy
February 8, 2023February 8, 20232023-02-08
On January 26, 2023, the Office of the Privacy Commissioner of Canada (OPC) announced the results of its recent investigation into Home Depot of Canada Inc. (Home Depot), finding that Home Depot forwarded customer information to Meta without customers’ knowledge or consent.
Deeth Williams Wall https://www.dww.com/articles/office-of-privacy-commissioner-of-canada-releases-results-of-investigation-into-home-depot

Federal Court Of Canada Overturns Trademark Opposition Board’s Expungement Of NAVIGATOR Trademark Federal Court Of Canada Overturns Trademark Opposition Board’s Expungement Of NAVIGATOR Trademark

Trademark and Copyright Litigation
February 8, 2023February 8, 20232023-02-08
On January 23, 2023, the Federal Court of Canada (the Court) issued its decision in Ecolab USA Inc v Smart & Biggar, 2023 FC 101, granting Ecolab USA Inc.’s (the Applicant’s) appeal and overturning the Trademarks Opposition Board’s (the Board’s) decision to expunge the trademark NAVIGATOR (the Mark).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-overturns-trademark-opposition-board%E2%80%99s-expungement-of-navigator

Government Of Canada Launches National Quantum Strategy To Create Jobs And Advance Quantum Technologies Government Of Canada Launches National Quantum Strategy To Create Jobs And Advance Quantum Technologies

Information Technology
February 8, 2023February 8, 20232023-02-08
On January 13, 2023, the Government of Canada announced the launch of Canada’s National Quantum Strategy (NQS). The NQS aims to further strengthen Canada’s existing global leadership in quantum research and grow the country’s quantum technologies, companies, and talent.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-launches-national-quantum-strategy-to-create-jobs-and-advance-quantum

Federal Court Of Appeal Of Canada Dismisses Puma’s Appeal Relating To Procat Trademark Federal Court Of Appeal Of Canada Dismisses Puma’s Appeal Relating To Procat Trademark

Trademark and Copyright Litigation
February 8, 2023February 8, 20232023-02-08
On January 10, 2023, the Federal Court of Appeal of Canada (FCA) issued its decision in Puma SE v Caterpillar Inc., 2023 FCA 4, in which it affirmed the decision of the Federal Court (FC) allowing an appeal from a decision of the Trademarks Opposition Board (the Board), and refusing an application by Puma SE (Puma) to register “procat”.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-puma%E2%80%99s-appeal-relating-to-procat-trademark

It’s Groundhog Day—Every Day: Examination Of Trademark Applications In Canada – Update It’s Groundhog Day—Every Day: Examination Of Trademark Applications In Canada – Update

Trademarks
January 25, 2023January 25, 20232023-01-25
In the movie Groundhog Day, a news reporter who is sent to cover the appearance of a famous groundhog which legend says forecasts whether there will be an early Spring depending on whether or not it sees its shadow on February 2, experiences the same day, Groundhog Day, over and over again. The examination of trademark applications in Canada is a bit like the movie, it seems.
Deeth Williams Wall https://www.dww.com/articles/it%E2%80%99s-groundhog-day%E2%80%94every-day-examination-of-trademark-applications-canada-%E2%80%93-update

Federal Court Of Canada Dismisses Janssen’s Application To Reassess The Data Protection Eligibility Of Its Nasal Spray Product Federal Court Of Canada Dismisses Janssen’s Application To Reassess The Data Protection Eligibility Of It...

Pharmaceutical Patent Litigation
January 25, 2023January 25, 20232023-01-25
On January 5, 2023, the Federal Court of Canada (the Court) in Janssen Inc. v Canada ( Attorney General, 2023 FC 7 found that the Office of Submissions and Intellectual Property (the OSIP) reasonably interpreted Janssen Inc.’s (Janssen) request to reassess the data protection eligibility of Janssen’s nasal spray drug and did not read into the Food and Drug Regulations (the Regulations) a pre-Notice of Compliance (NOC) timing requirement for assessing data protection eligibility.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-janssen%E2%80%99s-application-to-reassess-data-protection

Federal Court Of Canada Dismisses Appeals Concerning Use Of Retailer’s Trademark On Goods Manufactured By Third Party Federal Court Of Canada Dismisses Appeals Concerning Use Of Retailer’s Trademark On Goods Manufactured By...

Trademark and Copyright Litigation
January 25, 2023January 25, 20232023-01-25
On January 4, 2023, the Federal Court of Canada (the Court) issued its decision in GNR Travel Centre Ltd v CWI, Inc, 2023 FC 2, dismissing two appeals in consolidated proceedings and affirming the Trademarks Opposition Board’s (the Board) decision. The Court confirmed that a retailer’s trademark permanently affixed to goods manufactured by a third party constitutes “use” of the retailer’s trademark on the goods within the meaning of the Trademarks Act (the Act).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-appeals-concerning-use-of-retailer%E2%80%99s-trademark-on-goods

Sports Betting Company BetMGM Suffers Data Breach, Affecting Ontarians Sports Betting Company BetMGM Suffers Data Breach, Affecting Ontarians

Privacy
January 25, 2023January 25, 20232023-01-25
On December 21, 2022, BetMGM, a sports betting company, announced that its customers’ personal information had been obtained in an unauthorized manner. In its “Notice Regarding Patron Personal Information”, BetMGM revealed that it learned of the data breach on November 28, 2022 and believes that the breach occurred in May 2022.
Deeth Williams Wall https://www.dww.com/articles/sports-betting-company-betmgm-suffers-data-breach-affecting-ontarians

E-TIPS® Newsletter’s “2022: Year In Review” E-TIPS® Newsletter’s “2022: Year In Review”

Intellectual Property
January 6, 2023January 6, 20232023-01-10
Thank you for your readership over the last year and welcome to what we hope will be an exciting 2023!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2022, covering developments in intellectual property (IP) and information technology (IT) law under the following categories: (1) “Supreme Court of Canada Matters”, (2) “Legislative, Treaty and Policy Developments”, (3) “Patents and Industrial Designs”, (4) “Trademarks”, (5) “Copyright”, (6) “Privacy and Cybersecurity”, and (7) “Legal Developments in Emerging Technology Around the World”.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2022-year-review%E2%80%9D

Copyright Term Extended To Life Of Author Plus 70 Years Beginning December 30, 2022 Copyright Term Extended To Life Of Author Plus 70 Years Beginning December 30, 2022

Copyright
December 14, 2022December 14, 20222022-12-14
On November 17, 2022, an Order in Council, was published to fix December 30, 2022 as the day on which Division 16 of Part 5 of the Budget Implementation Act (the Act) comes into force. This will amend the Copyright Act, extending the term of copyright protection in literary, dramatic, musical, artistic works and certain works of joint authorship and posthumous works to 70 years after the life of the author, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/copyright-term-extended-to-life-of-author-plus-70-years-beginning-december-30-2022

British Columbia Court Awards Liquidated Damages Relating To Breach Of Contract In Bitcoin Mining Dispute British Columbia Court Awards Liquidated Damages Relating To Breach Of Contract In Bitcoin Mining Dispute

Technology Contracting
December 14, 2022December 14, 20222022-12-14
On November 3, 2022, the Supreme Court of British Columbia (the Court) in Ding v GSV Futures Inc., 2022 BCSC 1921, granted judgement in favour of Bei Ding (the Plaintiff) against GSV Futures Inc. (the Defendant), awarding the Canadian dollar equivalent of 6.1 bitcoins and 47.70 bitcoins as liquidated damages.
Deeth Williams Wall https://www.dww.com/articles/british-columbia-court-awards-liquidated-damages-relating-to-breach-of-contract-bitcoin

Federal Court Of Appeal Affirms Validity Of PMPRB New List Of Comparator Countries Federal Court Of Appeal Affirms Validity Of PMPRB New List Of Comparator Countries

Pharmaceutical Patent Litigation
December 14, 2022December 14, 20222022-12-14
On December 5, 2022, the Federal Court of Appeal of Canada (FCA) issued its decision in Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210, where it affirmed the validity of the government’s new list of comparator countries, which the Patented Medicine Prices Review Board (the Board) is to consider in determining whether the price of a patented drug is “excessive”.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-affirms-validity-of-pmprb-new-list-of-comparator-countries

Ontario Court of Appeal Clarifies Scope Of Liability In Data Breach Class Actions For The Tort Of Intrusion Upon Seclusion Ontario Court of Appeal Clarifies Scope Of Liability In Data Breach Class Actions For The Tort Of Intrusi...

Privacy
December 14, 2022December 14, 20222022-12-14
On November 25, 2022, the Ontario Court of Appeal (the Court) released a trilogy of decisions, bringing clarity as to whether the tort of intrusion upon seclusion is a viable cause of action against entities who collect personal information for commercial purposes and suffer an external, third-party cyberattack. In the leading case, Owsianik v Equifax Canada Co., 2022 ONCA 813 (Owsianik; previously reported on by the E-TIPS® Newsletter here), the Court unanimously held that the tort of intrusion upon seclusion was not a viable cause of action against a defendant who fell victim to a cyberattack, nor could such a claim arise on the basis of the defendant’s alleged failure to prevent the cyberattack.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-of-appeal-clarifies-scope-of-liability-data-breach-class-actions-for-tort-of

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.