EU Proposes to Implement Biometric Passports and Visas EU Proposes to Implement Biometric Passports and Visas

Biotechnology
July 3, 2003July 3, 20032015-07-08
The European Union has recently announced that it will allocate 140 million euros (about $216 million CAD) this year to study the feasibility of issuing and maintaining biometric passports and visas, among other immigration-related issues. Intended to stop fraud and counterfeit activities, the measures would see computer chips with digital fingerprints and eye scans implanted in all new European passports and visas.
Deeth Williams Wall https://www.dww.com/articles/eu-proposes-to-implement-biometric-passports-and-visas

Case Note: Sobeys Group Inc. v. Tolix Holdings Ltd. (June 13, 2003), [2003] FCT 745 Case Note: Sobeys Group Inc. v. Tolix Holdings Ltd. (June 13, 2003), [2003] FCT 745

Trademark and Copyright Litigation
July 3, 2003July 3, 20032015-07-08
Where there is an existing provincial court action over the same patent, a concurrent Federal Court action may not be stayed if patent validity may be an issue and the patent holder does not consent to the expungement of the patent registration in the event that the alleged infringer establishes invalidity in the provincial trial.
Deeth Williams Wall https://www.dww.com/articles/case-note-sobeys-group-inc-v-tolix-holdings-ltd-june-13-2003-2003-fct-745

Case Note: Depalma v. Bauer Nike Hockey Inc. (June 12, 2003), [2003] FCT 742 Case Note: Depalma v. Bauer Nike Hockey Inc. (June 12, 2003), [2003] FCT 742

Trademark and Copyright Litigation
July 3, 2003July 3, 20032015-07-08
A recent Federal Court of Canada case may provide insight into requirements for establishing the chain of title for a patent. The Plaintiff, Depalma, was ordered to provide further particulars of the foreign statute or principle of law relied on to support the allegation that, upon the dissolution of a corporation, its patents devolve to the shareholders of the dissolved corporation.
Deeth Williams Wall https://www.dww.com/articles/case-note-depalma-v-bauer-nike-hockey-inc-june-12-2003-2003-fct-742

Summary Judgment in Trade-mark Infringement Action Granted due to Settlement Agreement Summary Judgment in Trade-mark Infringement Action Granted due to Settlement Agreement

Trademarks
July 3, 2003July 3, 20032015-07-08
Bauer Nike Hockey Inc. ("Bauer") commenced an action in the Federal Court of Canada against Tour Hockey and Roller Derby Skate Corp. ("Tour and Roller"), alleging an infringement of one of Bauer's trade-marks. In August 2002, Tour and Roller sent a "without prejudice" letter to Bauer stating that they were willing to admit to infringement and pay damages of CDN $2500, with each party bearing its own costs.
Deeth Williams Wall https://www.dww.com/articles/summary-judgment-trademark-infringement-action-granted-due-to-settlement-agreement

US Appellate Court Rules on Listserv Moderator's Immunity From Defamation US Appellate Court Rules on Listserv Moderator's Immunity From Defamation

Litigation
July 3, 2003July 3, 20032015-07-08
The United States Court of Appeals for the Ninth Circuit recently ruled that a listserv moderator and operator of a website is able to benefit from the immunity-from-liability provisions of section 230 of the Communications Decency Act, 47 USC §230. Section 230 specifies that "[n]o provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
Deeth Williams Wall https://www.dww.com/articles/us-appellate-court-rules-on-listserv-moderators-immunity-from-defamation

Canadian Genetically Modified Foods - Not for sale in the EU Canadian Genetically Modified Foods - Not for sale in the EU

Food and Drug
July 3, 2003July 3, 20032015-07-08
In May, 2003, the United States, joined by Canada and Argentina, brought a complaint to the World Trade Organization ("WTO") regarding European Union ("EU") restrictions on the import of genetically modified products.
Deeth Williams Wall https://www.dww.com/articles/canadian-genetically-modified-foods-not-for-sale-eu

How Much is my Million-Dollar Idea Actually Worth? How Much is my Million-Dollar Idea Actually Worth?

Patents
June 24, 2003June 24, 20032015-07-08
© 2002, Deeth Williams Wall LLP.
Deeth Williams Wall https://www.dww.com/articles/how-much-my-milliondollar-idea-actually-worth

EU VAT Collection for Online Businesses Starts July 1, 2003 EU VAT Collection for Online Businesses Starts July 1, 2003

Information Technology
June 19, 2003June 19, 20032015-07-08
Not all Canadians will be celebrating on our national holiday on July 1, 2003. The day also marks the onset of controversial new collection measures for European Value-added Tax (VAT) that will affect many Canadian e-businesses.
Deeth Williams Wall https://www.dww.com/articles/eu-vat-collection-for-online-businesses-starts-july-1-2003

Yahoo! and ISP Must Disclose Identity of Email Accountholder Yahoo! and ISP Must Disclose Identity of Email Accountholder

Information Technology
June 19, 2003June 19, 20032015-09-23
The New Brunswick Court of Queen's Bench has made an order which may result in Yahoo! Canada Co. ("Yahoo!") and Aliant Telecom Inc. ("Aliant") being obliged to reveal the identity of a person in a case involving email disclosure of confidential information. An unknown person obtained confidential payroll information relating to a number of senior employees of Loblaws Companies Ltd. ("Loblaws"). That person allegedly sent an email containing the confidential information to 34 Loblaws employees.
Deeth Williams Wall https://www.dww.com/articles/yahoo-and-isp-must-disclose-identity-of-email-accountholder

Several U.S. States Now Taxing Internet-Related Services Several U.S. States Now Taxing Internet-Related Services

Information Technology
June 19, 2003June 19, 20032015-09-23
In 1999, the U.S. Congress passed the Internet Tax Freedom Act (ITFA) which exempted Internet access from state and local taxes. In 2001, the moratorium was extended. It is now set to expire on November 1, 2003 and it is unclear whether the exemption will be extended past that date. Congress is under considerable pressure from state and local governments to give them access to this new revenue source. Internet providers have concerns about the administrative burden of collecting taxes for a multitude of jurisdictions and are wary of turning off consumers.
Deeth Williams Wall https://www.dww.com/articles/several-us-states-now-taxing-internetrelated-services

Drug Colour and Shape Similarity Not Protected Drug Colour and Shape Similarity Not Protected

Food and Drug
June 19, 2003June 19, 20032015-09-23
The U.S. Court of Appeals for the Third Circuit has ruled that the colour and appearance of a drug may not be protected by trade dress protection under the Lanham Act.
Deeth Williams Wall https://www.dww.com/articles/drug-colour-and-shape-similarity-not-protected

Google's PageRanks Protected by Freedom of Speech in Recent U.S. Court Decision Google's PageRanks Protected by Freedom of Speech in Recent U.S. Court Decision

Litigation
June 19, 2003June 19, 20032015-07-08
In Search King, Inc. v. Google Technology, Inc., a U.S. District Court granted Google's motion to dismiss a lawsuit filed by an Internet advertising company alleging that Google had intentionally lowered the advertising company's ranking on Google's search engine.
Deeth Williams Wall https://www.dww.com/articles/googles-pageranks-protected-by-freedom-of-speech-recent-us-court-decision

New Division to Address Cyber Security formed by U.S. Government New Division to Address Cyber Security formed by U.S. Government

Cybersecurity
June 19, 2003June 19, 20032015-07-08
The U.S. Department of Homeland Security ("DHS") announced that it has created a new division called the National Cyber Security Division ("NCSD") to focus on cyber security in the U.S. The new 60-person unit was created as part of President Bush's National Strategy to Secure Cyberspace and the Homeland Security Act of 2002.
Deeth Williams Wall https://www.dww.com/articles/new-division-to-address-cyber-security-formed-by-us-government

U.S. Government and Generic Drugs: Faster and Cheaper U.S. Government and Generic Drugs: Faster and Cheaper

Food and Drug
June 19, 2003June 19, 20032015-07-08
On June 12, 2003, President Bush, the Food and Drug Administration Commissioner and the Secretary of Health and Human Services announced new regulations and review procedures to expedite the process for bringing generic drugs to market. The new regulations - termed the Final Rule – are designed to accelerate the availability of generic versions of brand name drugs to consumers.
Deeth Williams Wall https://www.dww.com/articles/us-government-and-generic-drugs-faster-and-cheaper

U.S. Court of Appeals Raises the Standard for Rejecting "Primarily Geographically Deceptively Misdescriptive" Marks U.S. Court of Appeals Raises the Standard for Rejecting "Primarily Geographically Deceptively Misdescript...

Litigation
June 19, 2003June 19, 20032015-07-08
The U.S. Court of Appeals for the Federal Circuit recently vacated the finding of the Trademark Trial and Appeal Board that the mark CALIFORNIA INNOVATIONS is "primarily geographically deceptively misdescriptive" and remanded the case for further proceedings under a new test.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-raises-standard-for-rejecting-primarily-geographically-deceptively

Recent U.S. Cases Involving Internet Jurisdiction Over Non-resident Defendants Recent U.S. Cases Involving Internet Jurisdiction Over Non-resident Defendants

Information Technology
June 5, 2003June 5, 20032015-07-08
Recently, the North Dakota Supreme Court affirmed a decision of the district court awarding the Plaintiff $3,000,000 in damages for libel, slander, and intentional interference with a business relationship. In John Wagner v. Glenda Miskin, Wagner, a professor at the University of North Dakota ("UND"), filed a complaint against a student, Miskin, for publishing defamatory statements about Wagner on Miskin's website. One of the key issues raised in the appeal was Miskin's argument that the Court lacked jurisdiction over the Internet publications originating outside of the State. Miskin, now a Minnesota resident, argued that her Internet communications were not directed solely to the State of North Dakota.
Deeth Williams Wall https://www.dww.com/articles/recent-us-cases-involving-internet-jurisdiction-over-nonresident-defendants

South African Online Pharmacy Under Investigation South African Online Pharmacy Under Investigation

Food and Drug
June 5, 2003June 5, 20032015-07-08
A criminal investigation has been launched by the South African Department of Health. The investigation is of Tableview, a Cape Town man that allegedly sold pharmaceutical drugs over six different websites for prices that exceeded two or three times the drug's South African value.
Deeth Williams Wall https://www.dww.com/articles/south-african-online-pharmacy-under-investigation

U.S. Court of Appeal Adopts Test for Substantial Similarity in Copyright Cases U.S. Court of Appeal Adopts Test for Substantial Similarity in Copyright Cases

Copyright
June 5, 2003June 5, 20032015-07-08
In the recent case of Kohus v. Mariol, the United States Court of Appeals for the Sixth Circuit considered the legal standard to be applied in copyright infringement cases to determine whether there is substantial similarity between works.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeal-adopts-test-for-substantial-similarity-copyright-cases

Neither the Courts nor the Privacy Commissioner may Decide PIPEDA Complaints in the Context of Employment Grievances Neither the Courts nor the Privacy Commissioner may Decide PIPEDA Complaints in the Context of Employment...

Privacy
June 5, 2003June 5, 20032015-07-08
On May 13, 2003, the Federal Court of Canada in L'Ecuyer v. Aéroports de Montréal (May 13, 2003), [2003] F.C. 573, overturned a decision of the federal Privacy Commissioner and decided that neither the Court nor the Privacy Commissioner has jurisdiction to hear employment related complaints involving the Personal Information Protection and Electronic Documents Act (PIPEDA), where the parties were bound by a collective agreement. The complainant brought a complaint against her employer for sharing a denial of a request for information (the personal information) with her union representatives and with an employee relations officer, without her consent.
Deeth Williams Wall https://www.dww.com/articles/neither-courts-nor-privacy-commissioner-may-decide-pipeda-complaints-context-of-employment

EBay Liable for $35 Million in Damages for Patent Infringement EBay Liable for $35 Million in Damages for Patent Infringement

Patents
June 5, 2003June 5, 20032015-07-08
Recently, a United States Federal Court jury in Virginia found eBay and one of its subsidiaries, Half.com, liable for $35 million in damages for patent infringement. In September 2001, the plaintiff, MercExchange L.L.C., commenced the action against eBay and Half.com for allegedly infringing the claims of its U.S. Patent Numbers 6,085,176, 5,845,265 and 6,202,051. These three patents relate to methods for searching online marketplaces and auctions invented by MercExchange's founder Tom Woolston. The jury held that eBay and Half.com willfully infringed the claims of Patent Numbers 6,085,176 and 5,845,265. The verdict centered on the companies' "Buy It Now" feature which permits fixed price sales.
Deeth Williams Wall https://www.dww.com/articles/ebay-liable-for-35-million-damages-for-patent-infringement

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.