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Intellectual Property

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Thursday, October 08, 2020 @ 9:30 AM

New sports, entertainment law partner for Blaney McMurtry

Blaney McMurtry announced that Dave Stern has joined the Toronto firm as a partner. ... [read more]

Wednesday, October 07, 2020 @ 1:11 PM

Brand’s social media reposting of street style photos not fair use fashion illustration

On Sept. 18, 2020, the United States District Court Southern District of New York granted a motion for partial summary judgment with respect to liability for copyright infringement in relation to street style photography. ... [read more]

Tuesday, October 06, 2020 @ 12:21 PM

Techniques for making video trials fair videotrial1.jpg

As we enter the second wave in Ontario it is clear that COVID-19 has completely disrupted the way we administer criminal justice. The courts have been forced to embrace video technologies that have, quite embarrassingly, been used in other professions for decades. ... [read more]

Tuesday, October 06, 2020 @ 9:11 AM

Quebec Court of Appeal ruling clarifies licensing rules under Copyright Act: IP experts François Larose

A Montreal software company that was ordered to pay $125,000 in damages to a Quebec publisher for illicit and intentional copyright violations won a legal battle after the Quebec Court of Appeal overturned the lower court decision. ... [read more]

Monday, October 05, 2020 @ 3:22 PM

‘What do you mean I can’t get transcripts?’ cassette

Imagine you have just completed a 14-day trial by Zoom on behalf of your client. You did a bang-up job of presenting your case and an even better job of exposing the flaws in opposing counsel’s evidence. Nonetheless, the judge ruled against you. Never mind, that’s what appeals are for. Right? ... [read more]

Friday, October 02, 2020 @ 8:44 AM

The importance of due diligence in the e-gaming sector game_over_sm

Due to the dynamic nature of the electronic gaming industry, there are many serious specific concerns that an acquirer should be aware of when considering an acquisition. The following are specific potential issues that must be considered during the due diligence review. ... [read more]

Thursday, October 01, 2020 @ 8:50 AM

U.S.-Mexico-Canada-Agreement update USMexflags.jpg

On July 1, 2020, the U.S.-Mexico-Canada Agreement (USMCA) came into force and superseded the North American Free Trade Agreement (NAFTA). It is an ongoing effort of the United States to revive its manufacturing sector as well as modernize the 25-year-old NAFTA. ... [read more]

Wednesday, September 30, 2020 @ 12:51 PM

Trademark infringement concerning app camera printer

A recent decision of a judge of the English High Court [2020] EWHC 713 provides a possible approach to the enforcement of trademark rights and passing off concerning mobile apps. It also illustrates the importance of obtaining trademark registrations to enforce rights. ... [read more]

Monday, September 28, 2020 @ 11:44 AM

A personal reflection on Ruth Bader Ginsburg | Beverley McLachlin

It is autumn. I am in the Gatineau Hills north of Ottawa. The leaves are red and gold, and the views spectacular. The occasion is lunch in a country restaurant called Les Fougères. Across the table sits John Roberts, chief justice of the United States. To my left is a small woman with dark, pulled-back hair and an intense gaze — Ruth Bader Ginsburg. ... [read more]

Friday, September 25, 2020 @ 2:03 PM

Sustaining our justice system in pandemic times | Roger Bilodeau

In recent months, several judges, court officials and observers have stated that the pandemic has thrust the justice system further along into the 21st century with the push to use all available technologies to maintain court operations. Many of them have also rightly pointed out that access to justice is still a challenge for a great number of Canadians. As courts take steps to resume regular operations, what does the future hold in terms of sustaining our justice system? Here are a few points to consider as governments, courts and other interested parties move forward to map out the future. ... [read more]