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Intellectual Property

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Wednesday, March 24, 2021 @ 1:23 PM

Access to (In)justice: A critical race reflection | Joshua Sealy-Harrington

It is a privilege to be invited by the Right Honourable Beverley McLachlin to write the second guest column in her The Lawyer’s Daily series on access to justice. In the first guest column (by Justice Michelle O'Bonsawin), the former chief justice of Canada indicated that her hope for such columns was to widen perspectives on access to justice. With that in mind, I want to briefly explore how the dominant individualistic paradigm of access to justice is flawed, and how we must shift to a systemic paradigm for meaningful access to justice in Canada to be realized. ... [read more]

Wednesday, March 24, 2021 @ 11:40 AM

Breach of confidence, new employer Locked file folder

A decision of the English Court of Appeal allowed a claim for breach of confidence against the “new” employer who obtained possession of the confidential information from “new” hires. ... [read more]

Tuesday, March 23, 2021 @ 1:27 PM

Future of commercial real estate Row of various business buildings

Across the commercial property sector, retail, among many others, continues to evolve through the Internet as it increasingly favours e-commerce as an alternative trading medium to brick and mortar shops. With a few notable exceptions, COVID-19 has catalyzed this process by extinguishing footfall and dragging the profits of non-essential retailers to all-time lows. ... [read more]

Tuesday, March 23, 2021 @ 11:50 AM

Responding to improved pandemic scams Phone with COVID scam symbol

Recently, we published a piece about common COVID-19 scams and how to reduce one’s risk of being a victim of fraudsters. In the below article, we list and describe some other scams. We also provide useful advice about how to combat fraud. ... [read more]

Tuesday, March 23, 2021 @ 9:17 AM

Gavel game: Small but real differences between Canadian, U.S. legal systems Gavel on red law book

We call it the “Gavel Game.” Try this at home, or wherever else COVID-19 allows you to roam with others. Ask any Canadian whether they believe our judges use gavels in their courtrooms. Litigators know that the answer is no, but almost everyone else will get it wrong, including non-litigator lawyers (as we learned when we recently gavel gamed a veteran Toronto securities lawyer). ... [read more]

Monday, March 22, 2021 @ 12:48 PM

Low evidentiary burden to overcome trademark cancellation proceeding reaffirmed Fingernails

In a recent Federal Court decision, the applicant, Sim & McBurney, appealed a ruling by the Registrar of Trademarks that maintained the registration of the design mark “En Vogue Design” (Sim & McBurney v. En Vogue Sculptured Nail Systems Inc. 2021 FC 172). The Federal Court ultimately upheld the registrar’s decision and reaffirmed the notion that “evidentiary overkill” is not necessary to establish use of a trademark and overcome a s. 45 proceeding. ... [read more]

Monday, March 22, 2021 @ 8:51 AM

Your client’s web domains: The mysteries of hosting Shopping cart full of web domains

Part two in this series covered the financial and brand value of web domains, the purpose of web domains and domain registration. This, the third in a four-part series, covers web domain hosting, the geographic location of registrars and hosting companies and who in the client’s sphere is in control of the domains, particularly in the case of charitable and non-profit organizations. ... [read more]

Friday, March 19, 2021 @ 11:17 AM

New, improved pandemic scams Phone with COVID scam symbol

While the COVID-19 pandemic has led to many changes, it, unfortunately, has not changed some things. One such thing is the presence of fraud and scams. Fraudsters and scam artists do not take a vacation during economic downturns. They actually become more active. Since March 2020, there have been more than 10,000 Canadian reports of fraud and Canadians have lost $7 million to fraud. Some scam artists have “cashed in” on COVID-19 and created scams specific to COVID-19. ... [read more]

Friday, March 19, 2021 @ 8:34 AM

Power of pixie dust: Accessing justice one year later | Bo Kruk

Just over a year ago, the world fundamentally changed. Overnight, bustling downtowns resembled scenes from films like 28 Days Later. Schools closed as learning shifted online, working from home became commonplace, and the courts restricted matters to only those that were urgent. Gradually, we started to adapt to this new reality and its increased digital presence. These adjustments have spurred positive changes while others have created new challenges. Throughout this shift in our collective lifestyles, the wheels of the legal machine never stopped. ... [read more]

Thursday, March 18, 2021 @ 12:42 PM

Profanity in trademarks: How liberal is Canadian Intellectual Property Office? Cuss symbols in speech balloon

In Iancu v. Brunetti 139 S.Ct. 2294, the Supreme Court of the United States in 2019 struck down the bar in Lanham Act 15 U.S.C. § 1051 to register immoral or scandalous marks. Since that decision, several marks containing the f word and its variations have been approved for registration by the United States Patent and Trademark Office. ... [read more]