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Intellectual Property

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Monday, February 25, 2019 @ 12:59 PM

Social media and self-incrimination fingerpointing.jpg

Recently, there has been increasing scrutiny over Facebook’s use of data, how it collects data and to whom that data is disseminated. And while the privacy implications of having one’s personal information sold to large corporations to use in advertising and revenue generation is legally troubling enough, there is another less-publicized concern over Facebook and social media data collection. That concern lies around self-incrimination. ... [read more]

Wednesday, February 13, 2019 @ 9:35 AM

Are your website’s terms of use enforceable? terms_conditions_sm

The number of sophisticated businesses that have unenforceable website terms of use is surprising. In this article, I focus on website terms of use that are expressed as browse-wrap agreements as opposed to as click-wrap agreements. ... [read more]

Tuesday, February 12, 2019 @ 2:32 PM

Descriptive trademarks: How to navigate roadblocks 2menroad blocks

It is a common occurrence for brand owners, whether sophisticated or entry level, to want to use descriptive trademarks. Because of this, lawyers should be aware of the limitations contained in the Trademarks Act concerning such marks. The starting point is to determine whether the mark is clearly descriptive. ... [read more]

Monday, February 11, 2019 @ 2:22 PM

U.S. firm agrees to stop selling Screechers Wild! toys due to patent dispute Transformers

Spin Master Ltd., which is based in Toronto, and according to its statement of claim, is the largest Canadian toymaker and one of the top five toy companies globally, acquired the Canadian patent for transformable toys from Sega Toys Co. Ltd., whose patent was originally co-owned by Sega Toys Co. and Sega Corporation of Japan, and whose patent expires on May 23, 2026. ... [read more]

Thursday, February 07, 2019 @ 9:51 AM

Chief Justice Wagner improves public communication, brings new ideas, change to top court, CJC and NJI TLD Exclusive

Richard Wagner, Canada’s reform-minded top judge, has already overseen changes at the three major legal institutions he leads — the Supreme Court of Canada, the Canadian Judicial Council (CJC), and the National Judicial Institute (NJI) — and there are more changes to come, he advises in a wide-ranging exclusive interview. ... [read more]

Thursday, January 31, 2019 @ 1:12 PM

Cox & Palmer names seven new partners at four offices

Cox & Palmer announced that Geoff Breen (Halifax), Cindy Cameron (Summerside, P.E.I.), Matt Dorreen (Halifax), Steve Forbes (Charlottetown), Richard Norman (Halifax), Nick Ouellette (Saint John) and Mohammad Ali Raza (Halifax) have been named partners. ... [read more]

Thursday, January 31, 2019 @ 9:13 AM

Views about Drake’s 6IX trademark dispute Duellingmics_sm.jpg

If you represent Drake’s company, October’s Very Own IP Holdings (OVO), and you’re opposing registration of the trademark “6IX” by a local Toronto DJ, and you think it’ll be a slam dunk because Drake (the Raptors’ global ambassador) has been synonymous with the 6IX since the 2014 announcement of his original album title Views from the 6 — think again! ... [read more]

Wednesday, January 30, 2019 @ 8:50 AM

COPYRIGHT - Protected subject matter - Compilations and collective works

Appeal by PS Knight from a decision granting the respondent CSA’s application for copyright infringement with respect to the 2015 version of the Canadian Electrical Code and awarding CSA costs of $96,336. ... [read more]

Monday, January 28, 2019 @ 2:15 PM

IP firm Deeth Williams Wall adds two new partners, counsel

Deeth Williams Wall LLP announced that Lauren Lodenquai and Tom Feather have been admitted as partners and Gary T. Daniel has joined the firm as counsel. ... [read more]

Monday, January 28, 2019 @ 12:28 PM

Takeaway in burger wars: Bullies lose more often than you might think bigguysteppingonlittleguy

There is a lot of brouhaha in the global media this month about the defeat of McDonald’s Big Mac trademark in the European Union (EU) by an Irish fast food chain called Supermac’s. The story is being bandied around as a classic “David and Goliath” fight where the little guy has won and beaten the odds. In reality, the story behind it is a bit more complex. Nevertheless, the real takeaway here is the fact that aggressive trademark owners like McDonald’s often lose to smaller rivals because, just like Goliath, they don’t recognize their own weaknesses. ... [read more]