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Intellectual Property

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Monday, March 11, 2019 @ 2:47 PM

Ottawa appoints judge to Federal Court of Appeal

The federal Department of Justice announced on March 8 that Justice George R. Locke, a judge of the Federal Court, has been appointed a judge of the Federal Court of Appeal. He replaces Justice Andre F.J. Scott, who resigned effective Oct. 22, 2018. ... [read more]

Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]

Wednesday, March 06, 2019 @ 10:49 AM

New trademark act heralds dramatic change, fee increases Book&goldenkey

With June 17, 2019, quickly approaching, the new Canadian Trade-marks Act is about to dramatically change the brand protection landscape. ... [read more]

Friday, March 01, 2019 @ 9:52 AM

What the BMW dashcam saw dash camera

The year 2019 is already shaping up to be an important year in privacy news. A major DNA testing company has been sharing genetic data with the FBI; the European Union has started to prosecute for GDPR violations, and the Office of the Privacy Commissioner of Canada has commenced applying the guidelines for obtaining meaningful consent under the Personal Information Protection and Electronic Documents Act (PIPEDA). However, one of the most intriguing Canadian privacy issues involved a dashboard video camera. ... [read more]

Thursday, February 28, 2019 @ 11:18 AM

Common social media concerns for lawyers | Kim McLaughlin

Nobody understands compliance better than a lawyer. It’s no wonder then that lawyers often hesitate when it comes to public communications via social media. In my experience, the big concerns are giving legal advice, confidentiality and solicitation. ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Monday, February 25, 2019 @ 2:03 PM

Cox & Palmer adds two associates to St. John’s office

Cox & Palmer announced that Elliott Bursey and Luke Hayden have joined the firm’s St. John’s office as associates. ... [read more]

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]