Ontario Court Partially Allows Appeal on Jurisdiction Issue for “Inside Out” Copyright Infringement Claim Ontario Court Partially Allows Appeal on Jurisdiction Issue for “Inside Out” Copyright Infringement Claim...

Trademark and Copyright Litigation
August 4, 2021August 4, 20212021-08-04
On July 12, 2021, in Pourshian v Walt Disney Company, 2021 ONSC 4840, the Ontario Superior Court of Justice (the Court) partially allowed an appeal by Mr. Damon Pourshian (Pourshian) of a decision that stayed his claim for copyright infringement against multiple Walt Disney and Pixar companies (the defendants) due to lack of court jurisdiction.
Deeth Williams Wall https://www.dww.com/articles/ontario-court-partially-allows-appeal-on-jurisdiction-issue-for-%E2%80%9Cinside-out%E2%80%9D-copyright

Government of Canada Launches Consultation on a Modern Copyright Framework for Artificial Intelligence and the Internet of Things Government of Canada Launches Consultation on a Modern Copyright Framework for Artificial Intelligence an...

Copyright
August 4, 2021August 4, 20212021-08-04
On July 16, 2021, the Government of Canada (the Government) launched a public consultation on a modern copyright framework for artificial intelligence (AI) and the Internet of Things (IoT) with a view to informing policy development and ensuring that Canada’s copyright framework reflects the evolving digital world. Along with the consultation, the Government published a consultation paper that (i) raises the challenges to the copyright framework around AI and IoT; (ii) presents possible approaches to address them; and (iii) outlines questions to help guide the development of policy measures.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-launches-consultation-on-a-modern-copyright-framework-for-artificial

Federal Court of Canada Finds Knight Parties in Contempt of Court Federal Court of Canada Finds Knight Parties in Contempt of Court

Trademark and Copyright Litigation
August 4, 2021August 4, 20212021-08-04
On July 20, 2021, the Federal Court of Canada (the Court), in Canadian Standards Association v PS Knight Co Ltd and Gordon Knight, 2021 FC 770, found P.S. Knight Co. Ltd., Mr. Gordon Knight and Knight Americas (collectively, the Knight Parties) in contempt of court for failing to abide by, or aiding and abetting another Knight Party to contravene, an amended judgement and a supplemental judgement in 2016 FC 294 (previously reported by E-TIPS® Newsletter here) and 2016 FC 387 (collectively, the Judgement).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-knight-parties-contempt-of-court

Federal Court of Canada Finds the Operation of Google’s Search Engine a Commercial Activity Under PIPEDA Federal Court of Canada Finds the Operation of Google’s Search Engine a Commercial Activity Under PIPEDA

Privacy
July 21, 2021July 21, 20212021-07-21
On July 8, 2021, the Federal Court of Canada (the Court) in Reference re Subsection 18.3(1) of the Federal Courts Act, 2021 FC 723, found that Google’s search engine service operates in the course of commercial activities within the meaning of the Personal Information Protection and Electronic Documents Act (PIPEDA), and that such service does not fall under PIPEDA’s journalistic exemption.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-operation-of-google%E2%80%99s-search-engine-a-commercial-activity

CJEU Issues First Ruling on the Registration of a Sound Mark CJEU Issues First Ruling on the Registration of a Sound Mark

Trademark and Copyright Litigation
July 21, 2021July 21, 20212021-07-21
On July 7, 2021, the Court of Justice for the European Union (the CJEU), in Ardagh Metal Beverage Holdings GmbH & Co. KG v European Union Intellectual Property Office (T 668/19), dismissed a trademark application for the registration of a sound mark because it is not distinctive. This case is the court’s first ruling on an application for registration of a sound mark submitted in audio format.
Deeth Williams Wall https://www.dww.com/articles/cjeu-issues-first-ruling-on-registration-of-a-sound-mark

Government of Canada Publishes Proposed Amendments to the Patent Rules for Consultation Government of Canada Publishes Proposed Amendments to the Patent Rules for Consultation

Patents
July 21, 2021July 21, 20212021-07-21
On July 3, 2021, the Government of Canada (the Government) published proposed amendments to the Patent Rules for public consultation. According to the regulatory impact analysis statement, the proposed amendments are part of the implementation of Canada’s patent term adjustment (PTA) obligation under the Canada-United States-Mexico Agreement (CUSMA).
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-publishes-proposed-amendments-to-patent-rules-for-consultation

Federal Court of Canada Grants Motion for Default Judgement for Infringement of AMUL Trademark Federal Court of Canada Grants Motion for Default Judgement for Infringement of AMUL Trademark

Trademark and Copyright Litigation
July 21, 2021July 21, 20212021-07-21
On June 22, 2021, the Federal Court (the Court) in Kaira District Co-operative Milk Producers’ Union Limited v AMUL Canada, 2021 FC 636, granted Kaira District Co-operative Milk Producers’ Union Limited (Kaira) and Gujarat Cooperative Milk Marketing Federation Ltd. (Gujarat) (collectively, the Plaintiffs) ex parte motion for default judgement for trademark and copyright infringement.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-motion-for-default-judgement-for-infringement-of-amul

Ontario Ministry of Government and Consumer Services Launches Consultation on Modernizing Ontario’s Privacy Protection Framework Ontario Ministry of Government and Consumer Services Launches Consultation on Modernizing Ontario’s Priva...

Privacy
July 6, 2021July 6, 20212021-07-06
On June 17, 2021, the Ontario Ministry of Government and Consumer Services (MGCS) announced the launch of public consultation on the MGCS’ white paper, which outlines proposals for reforming Ontario’s privacy protection framework.
Deeth Williams Wall https://www.dww.com/articles/ontario-ministry-of-government-and-consumer-services-launches-consultation-on-modernizing

Canada’s Federal Court of Appeal Upholds Summary Judgment in Patent Infringement Action Canada’s Federal Court of Appeal Upholds Summary Judgment in Patent Infringement Action

Patent Litigation
July 6, 2021July 6, 20212021-07-06
On June 16, 2021, Canada’s Federal Court of Appeal (FCA) in ViiV Healthcare Company v Gilead Sciences Canada, Inc., 2021 FCA 122, upheld the Federal Court’s (FC) summary judgment dismissing patent infringement action brought by ViiV Healthcare Company (ViiV) against Gilead Sciences Canada, Inc. (Gilead), as previously reported by the E-TIPS® Newsletter here. The FCA also dismissed ViiV’s appeal from three interlocutory orders, including ViiV’s motion to adjourn or quash Gilead’s motion for summary trial.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-federal-court-of-appeal-upholds-summary-judgment-patent-infringement-action

Proposed Changes to Canada’s Natural Health Products Regulations to Improve Labelling Are Published for Consultation Proposed Changes to Canada’s Natural Health Products Regulations to Improve Labelling Are Published for C...

Natural Health Products
July 6, 2021July 6, 20212021-07-06
On June 25, 2021, Health Canada announced proposed amendments to the Natural Health Products Regulations (the Proposed Regulations) in an effort to make natural health product (NHP) labels more clear, legible and easier to understand for consumers, and to align with rules already established for non-prescription drugs.
Deeth Williams Wall https://www.dww.com/articles/proposed-changes-to-canada%E2%80%99s-natural-health-products-regulations-to-improve-labelling-are

Federal Court of Canada Awards Damages for Passing Off of AJIT Trademark Federal Court of Canada Awards Damages for Passing Off of AJIT Trademark

Trademark and Copyright Litigation
July 6, 2021July 6, 20212021-07-06
On June 11, 2021, the Federal Court of Canada (the Court) in Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2021 FC 602, found Navsun Holdings Ltd (Navsun) liable for passing off in respect of Hamdard Trust’s (Trust) trademark and awarded Trust $10,000 in compensatory damages for the period July 2004 to September 2009. The dispute was lengthy and was previously dealt with in 2018 FC 42 and 2019 FCA 10 (as reported by the E-TIPS® Newsletter here and here, respectively). The present decision is a second redetermination of the issues between the parties.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-damages-for-passing-off-of-ajit-trademark

Federal Court of Appeal Confirms Actions under the PM(NOC) Regulations Are Not Restricted to Issues Raised in the Notice of Allegation Federal Court of Appeal Confirms Actions under the PM(NOC) Regulations Are Not Restricted to Issues Raise...

Pharmaceutical Patent Litigation
June 23, 2021June 23, 20212021-06-23
On June 9, 2021, the Federal Court of Appeal of Canada (FCA) in Sunovion Pharmaceuticals Canada Inc. v Taro Pharmaceuticals Inc., 2021 FCA 113, dismissed the appeal of Sunovion Pharmaceuticals Canada (Sunovion, or the ‘first person’) from the Federal Court (FC) decision, 2021 FC 37, allowing Taro Pharmaceuticals Inc. (Taro, or the ‘second person’) to amend its statement of defence in the context of an action brought under the Patented Medicines (Notice of Compliance) Regulations (the Regulations).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-confirms-actions-under-pmnoc-regulations-are-not-restricted-to

Ontario Superior Court of Justice Limits the Scope of the Tort of Intrusion Upon Seclusion Ontario Superior Court of Justice Limits the Scope of the Tort of Intrusion Upon Seclusion

Privacy
June 23, 2021June 23, 20212021-06-23
On June 9, 2021, the Ontario Superior Court of Justice issued its decision in Owsianik v Equifax Canada Co, 2021 ONSC 4112, where the majority allowed an appeal arising from the plaintiff’s successful class certification motion, finding that entities that collect and store private information cannot be liable for intrusion upon seclusion by failing to prevent the intrusion of another.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-of-justice-limits-scope-of-tort-of-intrusion-upon-seclusion

Federal Court of Canada Awards Damages for Infringement of SUBWAY Trademarks Federal Court of Canada Awards Damages for Infringement of SUBWAY Trademarks

Trademark and Copyright Litigation
June 23, 2021June 23, 20212021-06-23
On June 10, 2021, the Federal Court of Canada (the Court) issued its decision in Subway IP LLC v Budway, Cannabis & Wellness Store, 2021 FC 583, where it granted Subway IP LLC (Subway) damages for infringement, passing off, and depreciation of goodwill of its registered trademarks.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-damages-for-infringement-of-subway-trademarks

Privacy Commissioner of Canada Releases Statement On RCMP’s Use Of Clearview AI and Draft Guidance On Use Of Facial Recognition Technology Privacy Commissioner of Canada Releases Statement On RCMP’s Use Of Clearview AI and Draft Guidance On Use...

Privacy
June 23, 2021June 23, 20212021-06-23
On June 10, 2021, the Office of the Privacy Commissioner of Canada (OPC) issued a statement following its investigation into the RCMP’s use of Clearview AI’s facial recognition technology (FRT), reporting that the RCMP contravened the Privacy Act (the Act) when it collected information from Clearview AI.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-releases-statement-on-rcmp%E2%80%99s-use-of-clearview-ai-and-draft

Federal Court Finds That “Harley Davidson Willie G Edition” Custom-Built Electric Bicycles Infringe Harley-Davidson’s Trademarks Federal Court Finds That “Harley Davidson Willie G Edition” Custom-Built Electric Bicycles Infringe Harle...

Trademark and Copyright Litigation
June 23, 2021June 23, 20212021-06-23
On June 17, 2021, the Federal Court of Canada (the Court) issued its decision in H-D U.S.A., LLC v Varzari, 2021 FC 620, in which Justice McHaffie found in favour of H-D USA, LLC and Harley-Davidson Canada LP (collectively, the Applicants) for trademark infringement, passing off and depreciation of goodwill in relation to custom-built electric bicycles sold by Mr. Varzari.
Deeth Williams Wall https://www.dww.com/articles/federal-court-finds-%E2%80%9Charley-davidson-willie-g-edition%E2%80%9D-custombuilt-electric-bicycles

Federal Court of Appeal Upholds Canada’s First Site-Blocking Order Federal Court of Appeal Upholds Canada’s First Site-Blocking Order

Trademark and Copyright Litigation
June 8, 2021June 8, 20212021-06-08
On May 26, 2021, the Federal Court of Appeal of Canada (FCA) issued its decision in Teksavvy Solutions Inc. v Bell Media Inc., 2021 FCA 100, upholding the decision of the Federal Court (FC) to issue Canada’s first website-blocking order, which requires Internet service providers (ISPs) to block access to certain websites hosting unauthorized content.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-canada%E2%80%99s-first-siteblocking-order

Federal Court Reaffirms Principle that Copyright Protection Does Not Extend to Facts Federal Court Reaffirms Principle that Copyright Protection Does Not Extend to Facts

Trademark and Copyright Litigation
June 8, 2021June 8, 20212021-06-08
On May 27, 2021, the Federal Court of Canada (Court) issued its decision in Winkler v. Hendley, 2021 FC 498, summarily dismissing an action for copyright infringement and reaffirming the long standing principle that there is no copyright in facts. This principle applies in cases where the author’s work is plausibly represented as nonfictional and historically factual, even if it may subsequently be shown as untrue.
Deeth Williams Wall https://www.dww.com/articles/federal-court-reaffirms-principle-copyright-protection-does-not-extend-to-facts

Canadian Radio-Television and Telecommunications Commission Determines Final Wholesale Rates For Broadband Services Canadian Radio-Television and Telecommunications Commission Determines Final Wholesale Rates For Broadban...

Telecommunications
June 8, 2021June 8, 20212021-06-08
On May 27, 2021, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had finalized the rates that large companies can charge competitors to access their high-speed broadband networks under the industry’s existing wholesale aggregated model. This decision resolves a long-standing dispute under the industry’s current wholesale framework and allows the CRTC to now shift its focus towards the industry’s new disaggregated wholesale model that is set to be implemented in the future.
Deeth Williams Wall https://www.dww.com/articles/canadian-radiotelevision-and-telecommunications-commission-determines-final-wholesale

Québec’s New Language Bill Proposes Amendments to Use of Non-French Trademarks in Québec Québec’s New Language Bill Proposes Amendments to Use of Non-French Trademarks in Québec

Trademarks
June 8, 2021June 8, 20212021-06-08
On May 13, 2021, the Québec government introduced Bill 96 An Act respecting French, the official and common language of Québec (Bill), which proposes amendments to the Charter of the French language. One of the proposed amendments in the Bill requires non-French-language marks to be registered under the Trademarks Act in order to appear on public signs, posters and commercial advertising. The proposed amendments no longer recognize common law trademarks as “recognized trademarks” in Québec.
Deeth Williams Wall https://www.dww.com/articles/qu%C3%A9bec%E2%80%99s-new-language-bill-proposes-amendments-to-use-of-nonfrench-trademarks-qu%C3%A9bec

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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