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NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Catching up to the technology

Thursday, May 05, 2016 @ 8:00 PM | By Toba Cooper

Canadian courts are taking an Internet-savvy and technologically neutral approach to trademark use in Canada. In the recent decision of Specialty Software Inc. v. Bewatec [2016] FC 223, the Federal Court confirmed that for the purposes of trademark use in association with goods, there is no material difference between purchasing a floppy disk, CD or DVD in a store and purchasing a downloadable software licence online. The decision reflects the rapid technological changes in cloud computing and the normalcy of e-commerce and software as service by...