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Intellectual Property

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Tuesday, May 26, 2020 @ 11:45 AM

Reimagining privacy in times of COVID-19 CovidCrowdtracking.jpg

Now is a great time for lawyers to reread (or read) Samuel Warren and Louis Brandeis’ seminal work, “The Right to Privacy,” published in the Harvard Law Journal in 1890. In what is one of the earliest expositions of privacy as a legal right, the bright Harvard graduates recognized that new technologies of their time infringed the right of an individual to be let alone. Indian lawyer and author Rahul Matthan, in his book Privacy 3.0, gives a fascinating account of how Warren’s personal efforts to protect his brother, a gay man, from public shame and conviction may have catalyzed his co-authoring of the article. ... [read more]

Monday, May 25, 2020 @ 1:29 PM

Grand theft software Grandtheftauto.jpg

A recent decision of the High Court of Justice in the United Kingdom considered the use of cheat software for the videogame called Grand Theft Auto V. ... [read more]

Monday, May 25, 2020 @ 12:51 PM

DLA Piper names new chair of Canadian IP and technology group

DLA Piper (Canada) LLP announced that Sangeetha Punniyamoorthy has been appointed ‎chair of the Canadian intellectual property (IP) and technology group.‎ ... [read more]

Monday, May 25, 2020 @ 8:51 AM

Leading the way forward: Modernizing access to justice | Colin Stevenson

The winds of change have been blowing hard lately, but the saying “it’s an ill wind that blows no good” suggests that even something as thoroughly devastating and unwelcome as the COVID-19 pandemic can hopefully facilitate some positive change in the justice system. ... [read more]

Tuesday, May 19, 2020 @ 1:35 PM

Charming story about passing off to the rescue Charm Bracelet

A recent decision of the U.K. Court of Appeal raises some interesting issues concerning trademark infringement and passing off relating to the sale by the defendant of genuine goods manufactured by the plaintiff (Brealey and another v. Nomination Di Antonio E Paolo Gensini SNC and another company). ... [read more]

Thursday, May 14, 2020 @ 1:47 PM

A checklist for franchise causes of action: Common law franchise_magnify_sm

This article provides an outline of frequently claimed substantive franchise causes of action under common law. (Two earlier articles in this series addressed procedural issues in franchise litigation and substantive causes of action that are statute-based.) ... [read more]

Thursday, May 14, 2020 @ 12:47 PM

Courts Zoom ahead with remote hearings due to pandemic, despite concerns of some lawyers, litigants Roger Lafrenière

Citing the importance of preserving access to justice and the rule of law during the COVID-19 pandemic, courts up to the Supreme Court of Canada are pushing ahead with remote virtual hearings — notwithstanding privacy, procedural fairness and other objections raised by counsel and litigants in some cases. ... [read more]

Wednesday, May 13, 2020 @ 1:44 PM

Social media deep dive: Digital details socialmedia_conveyor_sm

An individual’s use of social media and their preferences for handling those accounts on incapacity and death will depend on how they used those social platforms while living. As we have explored in the first three articles in this series, this can get complicated for estate planners. Here are the final reasons why: ... [read more]

Wednesday, May 13, 2020 @ 1:20 PM

New managing partner for Bennett Jones in Toronto

Bennett Jones announced the appointment of Dominique Hussey to vice-chair and Toronto managing partner. ... [read more]

Monday, May 11, 2020 @ 2:51 PM

Federal Court of Appeal clarifies standard of review for Trademark Opposition Board appeals twoquestionmarks

In a recent decision of the Supreme Court of Canada, Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, the court attempted to clarify and simplify the test for judicial review. Appeals from the Trademark Opposition Board (TMOB) come within the category of judicial review. ... [read more]