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

Ontario Driver Convicted of Distracted Driving for Using Smartwatch Ontario Driver Convicted of Distracted Driving for Using Smartwatch

Information Technology
August 8, 2018August 8, 20182018-08-08
On May 16, 2018, the Ontario Court of Justice (the Court) issued its decision in R v Ambrose, 2018 ONCJ 345, finding the defendant guilty of distracted driving contrary to section 78.1(1) of the Highway Traffic Act (HTA) for using a smartwatch while operating a motor vehicle.
Deeth Williams Wall https://www.dww.com/articles/ontario-driver-convicted-of-distracted-driving-for-using-smartwatch

Privacy Commissioner of Canada Investigates Foreign Company’s Use of Canadian Facebook User Profiles Privacy Commissioner of Canada Investigates Foreign Company’s Use of Canadian Facebook User Profiles

Privacy
August 8, 2018August 8, 20182018-08-08
On July 18, 2018, the Privacy Commissioner of Canada (Commissioner) published its findings for its investigation into Profile Technology, a company based in New Zealand which operates “Profile Engine”.  Profile Engine is a website that collected and indexed publicly accessible Facebook profile information which it later used to start its own social networking website.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-investigates-foreign-company%E2%80%99s-use-of-canadian-facebook

Google Once Again Held Accountable for Defamation from Search Engine Results Google Once Again Held Accountable for Defamation from Search Engine Results

Privacy
August 8, 2018August 8, 20182018-08-08
Google has once again fallen victim to a defamation proceeding in Australia as a result of its search engine.
Deeth Williams Wall https://www.dww.com/articles/google-once-again-held-accountable-for-defamation-from-search-engine-results

Collective Rights Societies SOCAN and SODRAC Merge Collective Rights Societies SOCAN and SODRAC Merge

Copyright
August 8, 2018August 8, 20182018-08-08
On July 31, 2018, the Society of Composers, Authors & Music Publishers of Canada (SOCAN) announced that it has merged operations with the Society for Reproduction Rights of Authors, Composers & Publishers in Canada (SODRAC).  This acquisition enables SOCAN to license, track and distribute all royalties for both music performing rights and mechanical rights in Canada.
Deeth Williams Wall https://www.dww.com/articles/collective-rights-societies-socan-and-sodrac-merge

Cannabis and Natural Health Products Cannabis and Natural Health Products

Regulatory Law
July 25, 2018July 25, 20182018-07-25
On July 11, 2018, the Cannabis Regulations were published in the Canada Gazette Part II (Vol. 152, No. 14, http://www.gazette.gc.ca/rp-pr/p2/2018/2018-07-11/pdf/g2-15214.pdf). The Cannabis Regulations are to come into force on October 17, 2018, the same day as the Cannabis Act (64-65-66-67 Eliz. II, c. 16.), the act under which they are made. The Cannabis Regulations are, as expected, voluminous and Byzantine.  They run to nearly 400 pages in bilingual side-by-side format.
Deeth Williams Wall https://www.dww.com/articles/cannabis-and-natural-health-products

Federal Court Strikes Claim for Damages Alleging de facto Expropriation of Geophysical Service Inc.’s IP Rights Federal Court Strikes Claim for Damages Alleging de facto Expropriation of Geophysical Service Inc.’s IP ...

Intellectual Property
July 25, 2018July 25, 20182018-07-25
In Geophysical Service Inc. v Canada, 2018 FC 670, Geophysical Service Inc. (“GSI”) sought indemnification by way of damages from the Canadian federal and several provincial governments (the “Government”) alleging de facto expropriations of its intellectual property rights over seismic data it had either acquired from its predecessor or collected.  The defendants brought a motion to strike the claim as disclosing no reasonable cause of action.
Deeth Williams Wall https://www.dww.com/articles/federal-court-strikes-claim-for-damages-alleging-de-facto-expropriation-of-geophysical

Privacy Commissioner of Canada Revises Privacy Guidelines for Airports and Borders Privacy Commissioner of Canada Revises Privacy Guidelines for Airports and Borders

Privacy
July 25, 2018July 25, 20182018-07-25
On July 9, 2018, the Canadian Office of the Privacy Commissioner (OPC) updated their information and advice for Canadians on privacy at airports and borders. Your Privacy at Airports and Borders outlines what travelers can expect from customs officers in Canada and the US with respect to searches of personal devices. Canadian Customs Searches
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-revises-privacy-guidelines-for-airports-and-borders

CRTC Issues $250,000 in Penalties under CASL’s Anti-Malware Provisions CRTC Issues $250,000 in Penalties under CASL’s Anti-Malware Provisions

Telecommunications
July 25, 2018July 25, 20182018-07-25
On July 11, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued Notices of Violation under Canada’s anti-spam law (the Act or CASL), including administrative monetary penalties of $100,000 to Datablocks Inc (Datablocks) and $150,000 to Sunlight Media Network Inc (Sunlight Media).
Deeth Williams Wall https://www.dww.com/articles/crtc-issues-250000-penalties-under-casl%E2%80%99s-antimalware-provisions

Google Faces Largest Ever Fine Imposed by European Commission for Breaching European Union Antitrust Rules Google Faces Largest Ever Fine Imposed by European Commission for Breaching European Union Antitrust Rule...

Privacy
July 25, 2018July 25, 20182018-07-25
On July 18, 2018, the European Commission fined Google €4.34 billion for breaching EU antitrust rules. According to the Commission, Google engaged in three separate practices aiming to cement its dominant position in general internet search services:
Deeth Williams Wall https://www.dww.com/articles/google-faces-largest-ever-fine-imposed-by-european-commission-for-breaching-european-union

The EU Court of Human Rights has Held that the Right-to-be-Forgotten Cannot Trump the Public’s Right to Access News The EU Court of Human Rights has Held that the Right-to-be-Forgotten Cannot Trump the Public’s Right to A...

Privacy
July 11, 2018July 11, 20182018-07-11
On June 28, 2018, the European Court of Human Rights (ECHR) held in the matter of ML and WW v Germany (No 60798/10 65599/10) that the right to be forgotten cannot trump the public’s right to access archived news. The matter was brought by two brothers who petitioned the Court in an attempt to anonymize archived media reports relating to their conviction in a high-profile murder in 1993.
Deeth Williams Wall https://www.dww.com/articles/eu-court-of-human-rights-has-held-righttobeforgotten-cannot-trump-public%E2%80%99s-right-to-access

Apple and Samsung Settle Patent Dispute Apple and Samsung Settle Patent Dispute

Patent Litigation
July 11, 2018July 11, 20182018-07-11
On June 27, 2018, Apple Inc and Samsung Electronics Co filed a joint notice of settlement with the United States District Court Northern District of California, ending a seven-year legal battle relating to design and utility patents covering aspects of Apple iPhone’s screen shape and icon layout.
Deeth Williams Wall https://www.dww.com/articles/apple-and-samsung-settle-patent-dispute

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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