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Intellectual Property

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Tuesday, September 11, 2018 @ 2:57 PM

Bereskin & Parr adds two associates to computer technology practice group

Bereskin & Parr LLP announced the hiring of two associates, Paul Blizzard and Justin Philpott to the firm’s Toronto office. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

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]