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Intellectual Property


Friday, August 31, 2018 @ 11:52 AM

No breaks in Europe for KitKat bars: Stripped of design protection kitkatbar_sm.jpg

Europe’s highest court has invalidated trademark protection covering the shape of the KitKat bar, on the basis that it is not distinctive. The case came before the European Court of Justice as an application by Cadbury Schweppes (now Mondolez) seeking to cancel the EU trademark registration belonging to Nestlé that covered the three-dimensional four-fingered shape of its KitKat chocolate bar. ... [read more]

Tuesday, August 28, 2018 @ 12:21 PM

Acquisition of cannabis genetics could lead to bottleneck potvarieties_sm.jpg

Licensed cannabis producers face a major bottleneck sourcing legal genetic varieties for production. While there are thousands of cannabis strains on the black market, the challenge lies in transitioning these illicit strains into a regulated system. Consequently, many licensed producers are forced to purchase genetics from their competitors in order to diversify their product offerings. ... [read more]

Tuesday, August 28, 2018 @ 9:27 AM

Decision highlights considerations when choosing assessment date to quantify losses manwithscope_sm.jpg

A decision by the Ontario Court of Appeal in Rougemount Capital Inc. v. Computer Associates International Inc. (2016) ONCA 847 sheds light on some thorny issues around the choice of an assessment date when quantifying losses. ... [read more]

Monday, August 27, 2018 @ 12:35 PM

Specialist vs. generalist: Profiling the modern lawyer multitaskingwoman_sm.jpg

Are you better off advancing your career as a specialist or as a generalist? Studies on this topic have traditionally produced mixed reviews. ... [read more]

Monday, August 20, 2018 @ 9:43 AM

Non-Canadian hoteliers anxiously await decision on Waldorf-Astoria trademark Virtualhotel_sm.jpg

Non-Canadian hotel companies are anxiously awaiting the Federal Court of Canada’s decision in Hilton Worldwide Holding LLP v. Miller Thomson LLP (T-515-17) (Hilton Worldwide). The case is an appeal from a Trademarks Opposition Board decision to expunge the registration of the trademark Waldorf-Astoria for “hotel services” on the basis that the owner did not have a physical hotel in Canada and the only services which Canadians could access from Canada were hotel reservation services and a hotel loyalty program (Hilton Worldwide Holding LLP (Re) [2017] T.M.O.B. No. 5019). ... [read more]

Monday, August 13, 2018 @ 11:25 AM

Cartoonist challenges Banksy’s intellectual property rights Bansky_sm2.jpg

After viewing the recent Toronto exhibition, The Art of Banksy, Cinders McLeod was surprised to discover that the British graffiti artist, Banksy, may have “pinched her ideas” in certain drawings published in The Glasgow Herald in the 1990s. ... [read more]

Wednesday, August 08, 2018 @ 12:10 PM - Last Updated: Friday, August 10, 2018 @ 3:09 PM

Canadian law schools embracing technological change with new courses, training OttawaU class

Law schools are changing. They’re adapting to the demands placed on them by students eager for technological training that will allow them to not just keep up with a world ever more dominated by the latest high-tech concepts and tools, but to be able to use those advances in their own careers as lawyers. ... [read more]

Friday, August 03, 2018 @ 8:55 AM

Smart & Biggar adds partner to life sciences practice group

Alice Tseng is a new partner in Smart & Biggar/Fetherstonhaugh’s life sciences practice group and will work out of the firm’s Toronto office. ... [read more]

Friday, August 03, 2018 @ 8:16 AM

Self-driving shuttle pilot project raises privacy concerns Ian Stedman sm

Self-driving buses may be the next part of Toronto’s transit structure as City Council has adopted a preliminary plan to launch an automated shuttle bus project in 2020. However, legal experts have a few concerns about the project’s plan to survey riders and share information with other municipal transportation organizations. The pilot project will test an automated shuttle bus and its potential impact on closing the “last mile” gap — picking up passengers who live just far enough from main transit systems that travel is a challenge. ... [read more]

Tuesday, July 31, 2018 @ 1:37 PM

It’s getting easier to be green: Hydrogen technology developments and legal issues Hydrogencar

While the transportation industry has been abuzz recently over new electric vehicle technology, talk and focus may eventually turn to cars that emit nothing but water vapour, thanks to recent developments in hydrogen fuel cells and other hydrogen energy applications. Initiatives in Canada and abroad are providing industry, and lawyers, with exciting opportunities. ... [read more]