French Court Strikes Down Copyright Licensing Provisions French Court Strikes Down Copyright Licensing Provisions

Copyright
October 4, 2018October 4, 20182018-10-04
On August 7, 2018 , the Tribunal de grande instance de Paris (TGI) released a decision, Décision du 07 août 2018, 1/4 social N° RG 14/07300, declaring ‘null and void’ numerous terms found in Twitter Inc’s (Twitter) user agreement.  Twitter, as part of its terms and conditions of service (T&C), includes several licensing provisions relating to the copyright of user-generated content.
Deeth Williams Wall https://www.dww.com/articles/french-court-strikes-down-copyright-licensing-provisions

“Fitzmagic” US Trademark Application by the “Wrong” NFL Player Sparks Controversy “Fitzmagic” US Trademark Application by the “Wrong” NFL Player Sparks Controversy

Trademark
October 4, 2018October 4, 20182018-10-04
In the world of sports today, players are becoming more astute in managing their personal brands, and taking steps to secure protection of names, logos and nicknames with an eye of developing their own personal merchandise.  Athletes taking steps to secure intellectual property rarely make national news, but a recent US trademark application for “Fitzmagic” (Serial # 88113690) has caused quite a stir.
Deeth Williams Wall https://www.dww.com/articles/%E2%80%9Cfitzmagic%E2%80%9D-us-trademark-application-by-%E2%80%9Cwrong%E2%80%9D-nfl-player-sparks-controversy

Supreme Court of Canada Rules that ISPs Can Recover Reasonable Costs for Identifying Copyright Infringers Supreme Court of Canada Rules that ISPs Can Recover Reasonable Costs for Identifying Copyright Infringers

Copyright
September 19, 2018September 19, 20182018-09-19
On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, 2018 SCC 38, concluding that internet service providers (ISPs) are entitled to recover their reasonable costs for identifying copyright infringers in response to a Norwich order from a copyright owner.
Deeth Williams Wall https://www.dww.com/articles/supreme-court-of-canada-rules-isps-can-recover-reasonable-costs-for-identifying-copyright

Quebec Court Rules That Fiberglass Pools Are Not Original Works Under Copyright Quebec Court Rules That Fiberglass Pools Are Not Original Works Under Copyright

Copyright
September 19, 2018September 19, 20182018-09-19
In Piscines Nautika Inc c Fibre Design Inc, 2018 QCCS 3875, the Superior Court of Quebec (the Court) rejected an application by Nautika Pools Inc. for an injunction to prohibit the defendants from making and selling what it alleges are reproductions of fiberglass pools in respect of which it claims copyright. The plaintiff also alleged that the defendants, Fibre Design Inc et al, used confidential information for their benefit, resulting in unfair competition, in violation of the Civil Code of Quebec.
Deeth Williams Wall https://www.dww.com/articles/quebec-court-rules-fiberglass-pools-are-not-original-works-under-copyright

Federal Court Rules That Providing “Hotel Services” Does Not Require a “Bricks and Mortar” Hotel in Canada Federal Court Rules That Providing “Hotel Services” Does Not Require a “Bricks and Mortar” Hotel in Canad...

Trademark
September 19, 2018September 19, 20182018-09-19
On September 7, 2018, the Federal Court set aside the decision of the Registrar of Trademarks, who directed that Hilton’s trademark registration for WALDORF-ASTORIA should be expunged from the register (Hilton Worldwide Holding LLP v Miller Thomson, 2018 FC 895).
Deeth Williams Wall https://www.dww.com/articles/federal-court-rules-providing-%E2%80%9Chotel-services%E2%80%9D-does-not-require-a-%E2%80%9Cbricks-and-mortar%E2%80%9D

Ninth Circuit Considers Copyright in Data Compilations Ninth Circuit Considers Copyright in Data Compilations

Copyright
September 19, 2018September 19, 20182018-09-19
On June 27, 2018, in Experian Info Sols v Nationwide Mktg Servs, the United States Court of Appeals for the Ninth Circuit (the Court) affirmed (in part) a decision from the United States District Court for the District of Arizona (District Court) granting summary judgment on Experian Information Solutions Inc (Experian)’s claim for copyright infringement. 
Deeth Williams Wall https://www.dww.com/articles/ninth-circuit-considers-copyright-data-compilations

TickBox Agrees to a $25 Million Judgement to Settle a Copyright Infringement Case TickBox Agrees to a $25 Million Judgement to Settle a Copyright Infringement Case

Copyright
September 19, 2018September 19, 20182018-09-19
On September 11, 2018, the Alliance for Creativity and Entertainment (ACE) representing several major studios, namely Universal, Columbia Pictures, Disney, 20th Century Fox, Paramount Pictures, Warner Bros, Amazon and Netflix, filed a proposed judgment and a proposed permanent injunction against TickBox TV LLC, a Georgia-based manufacturer of a Kodi-powered TV streaming device, where TickBox has agreed to cease all piracy ac
Deeth Williams Wall https://www.dww.com/articles/tickbox-agrees-to-a-25-million-judgement-to-settle-a-copyright-infringement-case

EU Copyright Reform Favouring Creative Industries at the Expense of Tech Giants One Step Closer to Fruition EU Copyright Reform Favouring Creative Industries at the Expense of Tech Giants One Step Closer to Fruiti...

Copyright
September 19, 2018September 19, 20182018-09-19
On September 12, 2018, European Union lawmakers passed a copyright reform directive that aims to update copyright policy for the digital age.  The vote has been met with some controversy, as two provisions, in particular, articles 11 and 13, provide the opportunity for music companies, film-makers and media publishers to make billions in revenue at the expense of forcing tech companies such as Facebook, Google and YouTube to share a slice of their profits.
Deeth Williams Wall https://www.dww.com/articles/eu-copyright-reform-favouring-creative-industries-at-expense-of-tech-giants-one-step

Federal Court of Canada Rejects Confusion between “iSWATCH” and “i watch” Federal Court of Canada Rejects Confusion between “iSWATCH” and “i watch”

Trademark
September 5, 2018September 5, 20182018-09-05
In Swatch AG (Swatch SA) (Swatch Ltd.) v.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-rejects-confusion-between-%E2%80%9Ciswatch%E2%80%9D-and-%E2%80%9Ci-watch%E2%80%9D

Courts Rule that Ontario’s Immediate End to Electric Vehicle Incentives Unlawful Courts Rule that Ontario’s Immediate End to Electric Vehicle Incentives Unlawful

Litigation
September 5, 2018September 5, 20182018-09-05
In Tesla Motors Canada ULC v Ontario (Ministry of Transportation), 2018 ONSC 5062, the Ontario Superior Court of Justice ruled in favour of Tesla Motors Canada (“Tesla”) this past week, holding that the Ontario government’s actions to immediately eradicate electric vehicle rebates for Tesla buyers were unlawful.
Deeth Williams Wall https://www.dww.com/articles/courts-rule-ontario%E2%80%99s-immediate-end-to-electric-vehicle-incentives-unlawful

US Court Of Appeals Rules That Copyright Owners Need More Than an IP Address to Establish Copyright Infringement US Court Of Appeals Rules That Copyright Owners Need More Than an IP Address to Establish Copyright Infri...

Copyright
September 5, 2018September 5, 20182018-09-05
On August 27, 2018, the US Court of Appeals for the Ninth Circuit issued its decision in Cobbler Nevada LLC v Gonzales, No. 17-35041, holding that the bare allegation that the defendant was the registered subscriber of an Internet Protocol (IP) address associated with infringing activity was insufficient to claim copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-rules-copyright-owners-need-more-than-an-ip-address-to-establish

New United States-Mexico Trade Deal May Extend the Copyright Term New United States-Mexico Trade Deal May Extend the Copyright Term

Copyright
September 5, 2018September 5, 20182018-09-05
On August 27, 2018, the Trump administration announced that it had reached a preliminary agreement with Mexico to revise the North American Free Trade Agreement. According to the official press release by the Office of the United States Trade Representative, the “updated agreement will support mutually beneficial trade leading to freer markets, fairer trade, and robust economic growth in North America”.
Deeth Williams Wall https://www.dww.com/articles/new-united-statesmexico-trade-deal-may-extend-copyright-term

SEC Rejects Nine Bitcoin ETF Proposals SEC Rejects Nine Bitcoin ETF Proposals

Intellectual Property
September 5, 2018September 5, 20182018-09-05
The Securities Exchange Commission (SEC) rejected nine Bitcoin exchange-traded funds (ETF) proposals in orders published on August 22 involving three separate companies – ProShares (two proposed ETFs), Direxion (five) and GraniteShares (two).  The ETFs in question differed from previous proposals in that they were tied to the market for bitcoin futures, rather than a fund that holds bitcoin directly.  The SEC relied on identical reasoning in all three rejections. 
Deeth Williams Wall https://www.dww.com/articles/sec-rejects-nine-bitcoin-etf-proposals

Procter & Gamble Applies to Trademark “LOL” Procter & Gamble Applies to Trademark “LOL”

Trademark
September 5, 2018September 5, 20182018-09-05
The consumer goods giant, Procter & Gamble (P&G) recently filed applications in Canada and the United States to trademark acronyms common in SMS (short message service) language or textspeak, including “LOL”, “FML”, “NBD”, and “WTF”. P&G’s applications were filed in April 2018.  The applications are for proposed use in connection with non-medicated liquid soap, dishwashing detergents, hard surface cleaners, and air fresheners.  The applications are currently under examination.
Deeth Williams Wall https://www.dww.com/articles/procter-gamble-applies-to-trademark-%E2%80%9Clol%E2%80%9D

Ontario Court Recognizes and Enforces US Judgment for Copyright Infringement Ontario Court Recognizes and Enforces US Judgment for Copyright Infringement

Trademark and Copyright Litigation
August 22, 2018August 22, 20182018-08-22
On August 1, 2018, the Ontario Superior Court of Justice (Court) issued its decision in Dish v Shava, 2018 ONSC 2867, and granted summary judgment.  In so doing, the Court recognized and enforced a $25,600,000 US judgment order for copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-recognizes-and-enforces-us-judgment-for-copyright-infringement

Court of Appeal Rules Names of Top Physician OHIP Billers Are Not “Personal Information” Court of Appeal Rules Names of Top Physician OHIP Billers Are Not “Personal Information”

Privacy
August 22, 2018August 22, 20182018-08-22
On August 3, 2018, the Ontario Court of Appeal issued its decision in Ontario Medical Association v Ontario (Information and Privacy Commissioner), 2018 ONCA 673, finding that the names of the top 100 physician billers to OHIP and amounts billed are not “personal information” and are therefore disclosable.
Deeth Williams Wall https://www.dww.com/articles/court-of-appeal-rules-names-of-top-physician-ohip-billers-are-not-%E2%80%9Cpersonal-information%E2%80%9D

US Court Finds Forum Selection Clause in a Clickwrap Agreement is Enforceable US Court Finds Forum Selection Clause in a Clickwrap Agreement is Enforceable

Information Technology
August 22, 2018August 22, 20182018-08-22
A New Jersey federal judge has granted the defendant, Raymours Furniture Co Inc’s, motion to transfer venue of a putative class action to New York federal court based on the forum selection clause in a sweepstakes agreement to which the plaintiff named in the sweepstakes law class action, Evelyn Manopla, consented when she provided her phone number to the retailer.
Deeth Williams Wall https://www.dww.com/articles/us-court-finds-forum-selection-clause-a-clickwrap-agreement-enforceable

CJEU Rules that Authorization is Required When Re-posting Protected Works to a New Website CJEU Rules that Authorization is Required When Re-posting Protected Works to a New Website

Copyright
August 22, 2018August 22, 20182018-08-22
On August 7, 2018, the Court of Justice of the European Union (CJEU) released its decision in Land Nordrhein-Westfalen v Dirk Renckhoff, where the question was “Does the inclusion of a work — which is freely accessible to all internet users on a third-party website with the consent of the copyright holder — on a person’s own publicly accessible website constitute a making available of that work to the public with
Deeth Williams Wall https://www.dww.com/articles/cjeu-rules-authorization-required-when-reposting-protected-works-to-a-new-website

US Court of Appeal Addresses What is Deemed “Publicly Accessible” for Prior Art Printed Publications US Court of Appeal Addresses What is Deemed “Publicly Accessible” for Prior Art Printed Publications

Patent
August 22, 2018August 22, 20182018-08-22
In GoPro, Inc v Contour IP Holding, the US Patent Trial and Appeal Board (PTAB) found that a GoPro catalog disseminated at a trade show tailored to dealers and wholesale distributors did not qualify as a prior art printed publication under Section 102(b) of 35 U.S.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeal-addresses-what-deemed-%E2%80%9Cpublicly-accessible%E2%80%9D-for-prior-art-printed

IBM Awarded Major Win in Patent Infringement Case Against Groupon IBM Awarded Major Win in Patent Infringement Case Against Groupon

Patent
August 8, 2018August 8, 20182018-08-08
On July 27, 2018, a US jury awarded International Business Machines Corp. (IBM) $82.5M USD in a patent infringement case after it found Groupon Inc. (Groupon) infringed four IBM e-commerce patents intentionally in the matter of International Business Machines Corp v Groupon Inc, 1:16-CV-00122, US Dist. Ct, D Delaware.
Deeth Williams Wall https://www.dww.com/articles/ibm-awarded-major-win-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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