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Focus On

Intellectual Property


Wednesday, May 08, 2019 @ 1:09 PM

In landmark case, court deems ‘obituary piracy’ is ‘high-handed and reprehensible’ Candleonblackbackground.jpg

In February 2018, I wrote an article for this publication about a novel application to certify a class action copyright and moral rights infringement claim against Afterlife, a Quebec-based site that reproduces obituaries. On May 1, the Federal Court recently issued its judgment and reasons in the undefended lawsuit and awarded $20 million for the plaintiffs. ... [read more]

Thursday, May 02, 2019 @ 2:45 PM

Making autonomous cars trustworthy Wi-ficars

Self-driving cars have finally made the jump from science fiction to reality. ... [read more]

Thursday, May 02, 2019 @ 11:58 AM

CEO vicariously liable under Canada’s anti-spam law receives $100,000 fine phishingscheme_sm.jpg

The Canadian Radio-television and Telecommunications Commission (CRTC) recently issued a penalty of $100,000 against Brian Conley, the president and CEO of a group of businesses known as the nCrowd companies. ... [read more]

Thursday, May 02, 2019 @ 9:01 AM

The story behind Privacy Commissioner’s investigation of Facebook lying_facebook_sm

For the second time in a decade, the Office of the Privacy Commissioner of Canada (OPC) has investigated Facebook, Inc. (Facebook) for alleged failures to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA). And, just as was the case in 2009 with respect to third-party applications, the OPC concluded that the complaints against Facebook were well-founded and unresolved. ... [read more]

Thursday, May 02, 2019 @ 8:43 AM

PATENTS - Procedure - Parties - Adding or substituting - Pleadings

Motion by the plaintiffs for leave to join Teva Pharmaceuticals and three other corporations as additional defendants and for leave to amend their statement of claim to plead additional facts concerning bringing Herzuma to market in Canada. ... [read more]

Monday, April 29, 2019 @ 4:05 PM

New IP partner for BLG in Toronto

Borden Ladner Gervais LLP (BLG) announced that Chris N. Hunter has joined the partnership and will work with the firm’s intellectual property (IP) group in Toronto. ... [read more]

Thursday, April 25, 2019 @ 11:12 AM

Copyright in artistic works created by AI Monkey Selfie

Lawyers are a paranoid species, which I chalk up to some of the requirements of the job, but now even artists have cause to fear that artificial intelligence (AI) will replace them and render them obsolete. The latest AI project by Adam Basanta was to create an “art factory” using a computer system that churns out artworks by randomly generating abstract pictures. ... [read more]

Thursday, April 18, 2019 @ 3:24 PM

Trademark applications filed in bad faith Lindtbunny_sm.jpg

With the implementation of the current amendments to the Trade-marks Act set to come into force on June 17, 2019, the idea of attacking a trademark registration on the basis that the application was filed in bad faith is becoming more important. ... [read more]

Tuesday, April 16, 2019 @ 10:41 AM

Arbitration: Benefits of One-Judge pilot and much more one_judge_sm

In my first article about the launch of an arbitration pilot project referred to as the “One Judge Model,” I applauded Ontario’s Superior Court of Justice for its efforts. Here are more thoughts on the initiative. ... [read more]

Tuesday, April 09, 2019 @ 10:14 AM

TRADEMARKS - Expungement - Non-use

Appeal by Cosmetic Warriors from a federal Court decision allowing an appeal from a decision of a hearing officer of the Trade-marks Opposition Board maintaining the appellant’s registration of the trademark “LUSH” for use in association with T-shirts due to non-use. ... [read more]