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Intellectual Property

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Wednesday, January 13, 2021 @ 11:20 AM

Making the best of a bad year: Winning IP cases in 2020 manturningcalendarpage2020-21

Despite the temporary closure of the courts in Canada during lockdown 1.0 starting in March of 2020, the intellectual property (IP) bench and bar had an incredibly busy and eventful year, making up for lost time with several high-profile hearings and landmark decisions. We highlight below our short list of the key decisions in Canada in 2020 for each of the three main areas of IP law. ... [read more]

Wednesday, January 13, 2021 @ 9:24 AM

WeirFoulds partnership adds two members

WeirFoulds announced that Thomas Wong and Rochelle Perera have joined the partnership effective Jan. 1, 2021. ... [read more]

Wednesday, January 13, 2021 @ 8:41 AM

How one lawyer helps young litigators through modern training | Aaron Baer

“There are known knowns … there are known unknowns … but there are also unknown unknowns — the ones we don’t know we don’t know … it is the latter category that tends to be the difficult ones.” — Donald Rumsfeld, former U.S. secretary of defence. Law students and young lawyers often find themselves in the world of unknown unknowns. And that is a dangerous and very stressful place to reside. ... [read more]

Tuesday, January 12, 2021 @ 1:18 PM

Enforceable contracts to counteract IP exploitation: Tale of two designers Birdflyingfree

The perceived value designers place on intellectual property (IP) protection and contractual agreements can be compared to optional insurance — fashion designers may feel they don’t need it until they really do. “I don’t really have an issue with other designers copying my work. Maybe I haven’t met the worst of it yet? I think designers in general put far too much value on their intellectual property [but not necessarily the protection of it], which only feeds the ego,” says designer Evan Biddell, winner of the first season of Project Runway Canada. ... [read more]

Tuesday, January 12, 2021 @ 8:35 AM

Federal government seeks input on modernizing public sector privacy legislation Pina D’Agostino, Osgoode Hall Law School

As the federal government moves forward with a major revamp of the legislation governing how personal data is handled by the private sector, it is also seeking input from Canadians on how to modernize the rules which govern its own use of private information. In November, the government opened a consultation on modernizing the Privacy Act, which regulates how federal public sector institutions collect, use, disclose, retain and dispose of personal information. ... [read more]

Monday, January 11, 2021 @ 2:06 PM

Benchmark trademark cases from 2020 stick figures

In McBurney v. Gordon 2020 FC 710, the court reminds us of the technical requirements to show that a mark has been used in association with goods. The requirements were summarized as follows: ... [read more]

Monday, January 11, 2021 @ 8:24 AM

Cross-firm collaboration one result of innovative legal tech: part two legal_it_sm

Law firms and in-house legal departments are training their lawyers on or have divisions specialized in legal project management, reporting, knowledge management, pricing proposals and use of digital platforms. Moreover, some of these legal teams promote the use of smart contracts and blockchain technology, which aim to provide two important goals in the legal business: certainty and security in the transactions. ... [read more]

Friday, January 08, 2021 @ 12:20 PM

Accounting for intellectual property profits: What’s in it for me? Manleapingcandle

An intellectual property (IP) right is an intangible asset. An IP right is therefore a tool protected by the law and offered to business to make business. To make money, actually. ... [read more]

Friday, January 08, 2021 @ 6:09 AM

CIVIL PROCEDURE - Injunctions - Considerations affecting grant - Balance of convenience

Appeal from an order dismissing a motion for an interlocutory injunction. The appellants, Loops L.L.C. and Loops Flexbrush L.L.C. (Loops) were both limited liability companies incorporated pursuant to the law of Delaware. ... [read more]

Thursday, January 07, 2021 @ 11:23 AM

Key trademark cases in 2020 stick figures

The year 2020 was difficult for trademark owners and their advisers. The pandemic has tested us all in profound and unexpected ways. We also continue to be faced by unacceptably long processing delays and waits for hearing dates in the Trademarks office. ... [read more]