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Intellectual Property

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Wednesday, December 23, 2020 @ 1:44 PM

Importance of obtaining trademark registration pileofluggage

A decision of the Federal Court of Appeal, released on Dec. 9, 2020, (Group III International Ltd. v. Travelway Group International Ltd. 2020 FCA 210) clarifies the law concerning the impact of a registered trademark on pre-expungement claims when it has been expunged by the court. The decision emphasizes the importance of obtaining a trademark registration and opposing applied for trademarks when advertised.   ... [read more]

Wednesday, December 23, 2020 @ 6:49 AM

TRADEMARKS - Infringement - Passing off and unfair competition 

Appeal by Dong and his companies from a judgment that found them liable for trademark infringement and passing off and dismissed their counterclaim. ... [read more]

Tuesday, December 22, 2020 @ 9:07 AM

Arbitration community didn’t rest during pandemic: 2020 roundup 2020_review

When the pandemic hit full-on in March, the global arbitration community pivoted quickly to the new reality. Business disputes still needed to be resolved and parties in many cases could not tolerate significant delays. Arbitration’s vaunted attribute of flexibility came to the fore, and institutions, arbitrators, counsel and parties soon adapted to the virtual world. For many in the field, participating as a volunteer arbitrator in the Vis and Vis East moots in the spring provided an early opportunity to become accustomed to conducting hearings online. ... [read more]

Monday, December 21, 2020 @ 10:16 AM

What no-deal Brexit could mean for Commonwealth Brexitclock

While Britain ponders a no-deal Brexit, and the implications for trade between the U.K. and other countries, one country potentially stands to benefit more than others: Canada. ... [read more]

Monday, December 21, 2020 @ 8:34 AM

Why your organization needs a privacy leader WomanWithFingerPrint

Organizations have increasingly been harnessing personal information (PI) to gain insight to drive decisions, improve efficiency and user experience. This not only brings greater opportunities but bigger risks as well. The need to protect PI has amplified with the steady increase of data breaches. This has led to enhanced data protection and privacy regulations globally and an increasing need for privacy specialists. ... [read more]

Friday, December 18, 2020 @ 10:43 AM

Basmati rice, India-Pakistan geographical indications dispute: Whose name is it? Basmati rice

Basmati rice has a significant consumer base throughout many parts of the world. The rice is known for its distinct taste and appearance, primarily owing to its terroir (specifically the soil, climatic and valley conditions under which it is grown). After years of legal battle to safeguard the proprietary interest of the rice through intellectual property (IP), geographical indications (GI) status was finally granted in India in 2016. ... [read more]

Wednesday, December 16, 2020 @ 8:55 AM

2020: A difficult year that will help move justice system forward | Charlene Theodore

How do we best describe the events of 2020? Countless news articles have already documented the torment of the pandemic. The pain of racial inequality brought to light once again by the senseless deaths of Black and Indigenous people has made more people keen to leave this past year in the rear view mirror. ... [read more]

Tuesday, December 15, 2020 @ 8:46 AM

COVID-19 put courts, integrity of Ontario’s civil jury system on trial | Julius Melnitzer

Citing the uncertainty as to when civil jury trials might resume during the pandemic, motions to strike juries have proliferated. Critics pointed to the extra effort, co-ordination, length and expense jury trials required, as well as the strain on jurors and demanded their elimination. ... [read more]

Monday, December 14, 2020 @ 2:46 PM

Licensing trademarks: Basic requirements circlemoney1

To appropriately license a trademark, the trademark owner should comply with the Trademarks Act. Section 50 provides that, for the purposes of the Act, if an entity is licensed by or with the authority of the owner of a trademark to use the trademark in a country and the owner has, under the licence, direct or indirect control of the character or quality of the goods or services, then the use, advertisement or display of the trademark in that country as or in a trademark, trade name or otherwise by that entity has, and is deemed always to have had, the same effect as such a use, advertisement or display of the trademark in that country by the owner. ... [read more]

Monday, December 14, 2020 @ 10:24 AM

Behind masks: First Ontario civil jury trial during COVID | Moya Graham, Leah Ostler, Morgan Watkins

Against the new backdrop of e-litigation and virtual hearings, on Sept. 30, 2020, our trial team joined opposing counsel, the judge, jury and court staff at the 330 University Ave. courthouse in Toronto to participate in the first civil jury trial in Ontario since the COVID-19 pandemic commenced. ... [read more]