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Intellectual Property

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Wednesday, September 11, 2019 @ 2:45 PM

Tangible, meaningful benefit while in Canada: Recent Federal Court decision Tradingmoneyforideas

“Use it or lose it.” Canadian trademark owners are well aware of this principle. To maintain a trademark, an owner or licensee must use it in association with its registered wares or services. Use requires that Canadians receive “a tangible and meaningful benefit while in Canada.” That seems straightforward. ... [read more]

Wednesday, September 11, 2019 @ 10:36 AM

Art as loan collateral: What lenders want art_collection_sm

You are a collector in Canada of Canadian and international art and now have an opportunity to purchase another important artwork for your collection. You do not have ready cash. You do not want to tie up your personal or business credit, since it may be needed for other purposes. You think about whether you can utilize your existing art collection as collateral, normally a non-revenue generating asset.   ... [read more]

Tuesday, September 10, 2019 @ 9:01 AM

Art dealer made ‘false representation’ on Morrisseau painting, damages owed, court rules Chloe Snider

The Ontario Court of Appeal has allowed an appeal over a contested Indigenous painting ruling that the trial judge erred in rejecting evidence “based on his own personal research” and misapprehending the evidence of the contract between the parties. ... [read more]

Friday, September 06, 2019 @ 10:16 AM

Five new associates join Bereskin & Parr

Bereskin & Parr LLP announced that the following have joined the firm as associates: Denver Bandstra, Callum Lootsma, Andrea Uetrecht, Shuo Xing and Lawrence Yu. ... [read more]

Thursday, September 05, 2019 @ 11:45 AM

SCC alumni’s role in legal controversies sparks new debate over ex-judges’ return to practice Amy Salyzyn

Is it in the public interest for former Supreme Court of Canada justices to be allowed to provide legal services to governments or other well-heeled clients facing public controversies that could arguably blow back on the reputations of the ex-judges’ former courts or otherwise harm public confidence in the judiciary? ... [read more]

Thursday, September 05, 2019 @ 9:39 AM

Fetherstonhaugh changes name to Smart & Biggar IP Agency Co.

Canadian patent and trademark agency Fetherstonhaugh & Co. on Sept. 3 announced it has changed its name to Smart & Biggar IP Agency Co. ... [read more]

Wednesday, September 04, 2019 @ 10:48 AM

New partner for Fasken’s tech group in Calgary

Fasken announced that new partner Tony Morris has joined its technology, media and telecommunications group in the Calgary office. ... [read more]

Wednesday, September 04, 2019 @ 8:53 AM

PATENTS - Defences to infringement - Lack of essential element

Appeal by Evolution Technologies from a judgment finding it infringed the respondent’s patent. ... [read more]

Tuesday, September 03, 2019 @ 8:46 AM

Thin line between cybersecurity certification, compliance for SMEs cybersecurity_compliance_sm

There’s never been a dearth of guidance over the last half-a-decade or so from national and provincial regulators in Canada for businesses to improve their cybersecurity programs. But, in a first-of-its-kind federal initiative, Minister of Finance Bill Morneau, on Aug. 12, launched CyberSecure Canada, a pilot voluntary certification program to help small and medium enterprises (SMEs) “raise the cybersecurity baseline” and “increase consumer confidence.” The initiative is akin to the Cyber Essentials certification program of the New Brunswick government, launched in 2017. ... [read more]

Friday, August 23, 2019 @ 8:40 AM

Number of civil claims related to financial products rising fast financial_products_sm

We have seen the proliferation of civil claims in respect of financial products in Canada in recent years. These claims have involved different types of widely available investment funds, such as mutual funds, as well as more targeted tax minimization strategies and alternative investment strategies. Plaintiffs’ lawyers are being creative in devising new claims against financial product design, product operation and product sales and compensation. ... [read more]