Federal Court Sets Aside Transfer of Trademark Requested in the Course of an Undisclosed Contractual Dispute Federal Court Sets Aside Transfer of Trademark Requested in the Course of an Undisclosed Contractual Disp...

Trademark
April 3, 2018April 3, 20182018-04-04
On March 20, 2018, the Federal Court of Canada (the Court) set aside the Registrar of Trademarks’ transfer of Registration No.
Deeth Williams Wall https://www.dww.com/articles/federal-court-sets-aside-transfer-of-trademark-requested-course-of-an-undisclosed

Privacy Commissioner of Canada to Investigate Facebook in Wake of Cambridge Analytica Allegations Privacy Commissioner of Canada to Investigate Facebook in Wake of Cambridge Analytica Allegations

Privacy
April 3, 2018April 3, 20182018-04-04
On March 26, 2018, Daniel Therrien, Privacy Commissioner of Canada (the Commissioner), announced that his office has launched a formal investigation into allegations of data sharing by Facebook in a scandal that has shaken the trust of many of Facebook’s users.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-to-investigate-facebook-wake-of-cambridge-analytica

Access Copyright’s Application for Judicial Review Dismissed Access Copyright’s Application for Judicial Review Dismissed

Copyright
April 3, 2018April 3, 20182018-04-04
On March 22, 2018, the Federal Court of Appeal (Court) published its decision in The Canadian Copyright Licensing Agency, Operating as Access Copyright v Canada, 2018 FCA 58, dismissing Access Copyright’s application for judicial review of a decision by th
Deeth Williams Wall https://www.dww.com/articles/access-copyright%E2%80%99s-application-for-judicial-review-dismissed

U.S. Court of Appeals Remands Oracle v Google Dispute for a Trial on Damages U.S. Court of Appeals Remands Oracle v Google Dispute for a Trial on Damages

Trademark and Copyright Litigation
April 3, 2018April 3, 20182018-04-04
In the ongoing dispute between Oracle America, Inc.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-remands-oracle-v-google-dispute-for-a-trial-on-damages

Federal Court Orders Patent Records Varied to Correct Corporate Name Federal Court Orders Patent Records Varied to Correct Corporate Name

Patent
April 3, 2018April 3, 20182018-04-04
On March 19, 2018, in Copperhead Industrial Inc v Attorney General of Canada, 2018 FC 311, the Federal Court of Canada (Court) granted an application to vary records relating to patents numbered
Deeth Williams Wall https://www.dww.com/articles/federal-court-orders-patent-records-varied-to-correct-corporate-name

Federal Court Awards Photographer $80,000 in Copyright and Moral Rights Claim Federal Court Awards Photographer $80,000 in Copyright and Moral Rights Claim

Copyright
March 21, 2018March 21, 20182018-03-21
The plaintiff in Andrew Collett v. Northland Art Company Ltd, Mr Collett, is a professional photographer who specializes in works of natural photography. The defendants, Northland Art Company Canada Inc and Bremner Fine Art Inc (Northland), had a business relationship with Mr Collett, selling prints of his artwork to consumers and resellers.
Deeth Williams Wall https://www.dww.com/articles/federal-court-awards-photographer-80000-copyright-and-moral-rights-claim

Copyright Action Against Nike Dismissed Copyright Action Against Nike Dismissed

Copyright
March 21, 2018March 21, 20182018-03-21
On February 27, 2018, in Rentmeester v Nike, Inc, the United States Court of Appeals for the Ninth Circuit (Court) affirmed the dismissal of a copyright infringement action brought by a photographer, Mr Jacobus Rentmeester, against Nike, Inc.
Deeth Williams Wall https://www.dww.com/articles/copyright-action-against-nike-dismissed

US Court of Appeals Confirms Application of US Copyright Law to Foreign Originating Content US Court of Appeals Confirms Application of US Copyright Law to Foreign Originating Content

Copyright
March 21, 2018March 21, 20182018-03-21
On March 2, 2018, in Spanski Enterprises, Inc v Telewizja Polska, SA, the United States Court of Appeals for the District of Columbia Circuit (the Court of Appeals) affirmed the lower court decision holding a foreign broadcaster liable for copyright infringement for allowing viewers in the US to stream the copyrig
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-confirms-application-of-us-copyright-law-to-foreign-originating

Fitbit Challenges Validity of Haptic Feedback Patents Fitbit Challenges Validity of Haptic Feedback Patents

Patent
March 21, 2018March 21, 20182018-03-21
On March 5, 2018, the US District Court for the Northern District of California (Court) released its decision in in Immersion Corp v Fitbit, Inc, partially granting Fitbit’s motion to dismiss a patent infringement lawsuit.
Deeth Williams Wall https://www.dww.com/articles/fitbit-challenges-validity-of-haptic-feedback-patents

Washington State Legislature Passes State-Level Net Neutrality Law Washington State Legislature Passes State-Level Net Neutrality Law

Information Technology
March 21, 2018March 21, 20182018-03-21
On February 27, 2018, the Washington State Senate passed Substitute House Bill 2282, “An Act Relating to Protecting an Open Internet in Washington State.” The law implements, at the state level, the net neutrality regulations repealed by the US Federal Communications Commission (FCC) on December 14, 2017.
Deeth Williams Wall https://www.dww.com/articles/washington-state-legislature-passes-statelevel-net-neutrality-law

Google Equustek Battle Returns to Canadian Soil Google Equustek Battle Returns to Canadian Soil

Information Technology
March 8, 2018March 8, 20182018-03-08
The long running battle between Google and Equustek has relocated north of the border. Background 
Deeth Williams Wall https://www.dww.com/articles/google-equustek-battle-returns-to-canadian-soil

CIPO News: Annual Report Released, Taiwan PPH Announced, and More CIPO News: Annual Report Released, Taiwan PPH Announced, and More

Intellectual Property
March 7, 2018March 7, 20182018-03-07
Annual Report for 2016-2017
Deeth Williams Wall https://www.dww.com/articles/cipo-news-annual-report-released-taiwan-pph-announced-and-more

Bell Canada Granted Interlocutory Injunction against Operations of TVAddOns to Curb Unauthorized Access to Copyrighted Materials Bell Canada Granted Interlocutory Injunction against Operations of TVAddOns to Curb Unauthorized Access t...

Trademark and Copyright Litigation
March 7, 2018March 7, 20182018-03-07
On February 20, 2018, Bell Canada (Bell) received their latest victory in combatting alleged copyright infringement through the use of KODI media players loaded with software used to enable unauthorized access to copyrighted content (our E-TIPS® coverage of earlier decisions can be found here and
Deeth Williams Wall https://www.dww.com/articles/bell-canada-granted-interlocutory-injunction-against-operations-of-tvaddons-to-curb

Ontario Superior Court of Justice Grants Relief for Infringement of MINT Trademark Ontario Superior Court of Justice Grants Relief for Infringement of MINT Trademark

Trademark and Copyright Litigation
March 7, 2018March 7, 20182018-03-07
On February 21, 2018, the Ontario Superior Court of Justice (Court) issued its decision in Randy River Inc v Mint Accessories Inc, (2018 ONSC 1215) granting judgment in favour of Randy River Inc (Randy River) for trademark infringement by Mint accessories In
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-grants-relief-for-infringement-of-mint-trademark

Canada’s Federal Court Finds Railway Inspection Technology Not Obvious Canada’s Federal Court Finds Railway Inspection Technology Not Obvious

Patent Litigation
March 7, 2018March 7, 20182018-03-07
On January 31, 2017, in Georgetown Rail Equipment Company v Rail Radar Inc, 2018 FC 70, the Federal Court (Court) held that Georgetown’s Canadian Patent Nos.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-federal-court-finds-railway-inspection-technology-not-obvious

Health Canada Releases Front-of-Package Regulations for Consultation Health Canada Releases Front-of-Package Regulations for Consultation

Regulatory Law
March 7, 2018March 7, 20182018-03-07
On February 10, 2018, Health Canada published proposed regulations in the Canada Gazette Part I that would make additional significant changes to food labelling in Canada (the Regulations Amending Certain Regulations Made Under the Food and Drugs Act, see
Deeth Williams Wall https://www.dww.com/articles/health-canada-releases-frontofpackage-regulations-for-consultation

Proposed Trademark Regulations Published for Consultation in Canada Gazette Proposed Trademark Regulations Published for Consultation in Canada Gazette

Trademark
February 21, 2018February 21, 20182018-02-21
On February 12, 2018, the Government of Canada published proposed Trademark Regulations (the Proposed Regulations) for consultation.  The Proposed Regulations implement legislative amendments to the Trademarks Act passed in 2014 and 2015, which are not yet in force, and largely deal with compliance with the requirements of the Madrid Protocol, Singapore Treaty and Nice Agreement.  The 30-day consultation period for the Proposed Regulations will end on
Deeth Williams Wall https://www.dww.com/articles/proposed-trademark-regulations-published-for-consultation-canada-gazette

Facebook Use of Personal Information Found to be in Violation of German Privacy Law Facebook Use of Personal Information Found to be in Violation of German Privacy Law

Privacy
February 21, 2018February 21, 20182018-02-21
According to a press release from Verbraucherzentrale Bundesverband (VZBV), on January 16, 2018, the Berlin Regional Court (the Court) ruled that several of Facebook Inc’s default privacy settings and certain provisions of its terms of service and privacy policies violated German consumer law.  The written decision from the Court has yet to be released.
Deeth Williams Wall https://www.dww.com/articles/facebook-use-of-personal-information-found-to-be-violation-of-german-privacy-law