Focus On

Intellectual Property


Thursday, August 20, 2020 @ 6:11 AM

TRADEMARKS - Expungement - Grounds - Non-use

Appeal by Live! Holdings from a judgment that upheld the decision of the Registrar of Trademarks to expunge the “LIVE” trademark from the Register of Trademarks. ... [read more]

Wednesday, August 19, 2020 @ 2:00 PM

What Wiseau’s movie The Room means for freedom of expression in Canada cinematic2.jpg

This article is the second part in a three-part series examining Wiseau Studio, LLC et al v. Harper et al. 2020 ONSC 2504, and the decision’s impact on documentary filmmakers in Canada In part one, we provided some background on The Room (2003), a movie known for the fact that it is “widely renowned as being terrible” (para. 38). We also looked at the abysmal conduct of the film’s creator, Tommy Wiseau, the plaintiff in this case, leading to an improperly obtained injunction preventing the release of the defendants’ documentary Room Full of Spoons at the 11th hour. In part two, we’ll review the judicial “silver lining” to Wiseau’s theatrics — a trial decision which provides a number of strong statements on freedom of expression in Canada. ... [read more]

Wednesday, August 19, 2020 @ 8:38 AM

Insider’s look at legal, business issues faced by Canadian fashion industry Canadiansunglasses

The temporary shutdown of Toronto Fashion Week this January is just one of several signs that the prospects of Canadian fashion are starting to look grim. With the COVID-19 pandemic leading to the cancellation of fashion events and the closure of retail stores, independent fashion businesses and graduates of fashion programs unable to showcase their collections were left in a confounded, unsupported state. The truth, however, is that Canada’s fashion industry has been on a decline and struggling to compete with fashion capitals years beforehand. ... [read more]

Tuesday, August 18, 2020 @ 1:11 PM

Gowling appoints Vancouver partner as co-head of Canadian China practice

Gowling WLG announced the appointment of Vancouver partner Brian Lee as co-head of its Canadian China practice. In his new role, Lee will join current leader Thomas J. Timmins in strengthening and expanding the practice across Canada. ... [read more]

Monday, August 17, 2020 @ 1:54 PM

Defamation law in era of fake news Megaphone man

On March 12, 2020, the Law Commission of Ontario released a report on changing defamation laws amid the “Internet Age” where 39 recommendations were made. The full report can be found here. ... [read more]

Monday, August 17, 2020 @ 12:26 PM

What Wiseau’s movie The Room means for Canadian copyright law Cinematic One

Thanks in no small part to what is widely regarded as one of the worst movies ever made, documentary filmmakers in Canada have now received authoritative guidance from the Ontario Superior Court in areas of law, including copyright, privacy and publicity, that, until now, they’ve had to use a combination of interpretation and guesswork to navigate. This article is the first in a three-part series examining Wiseau Studio, LLC et al v. Harper et al. 2020 ONSC 2504, the most comprehensive decision yet by any Canadian court on the laws surrounding the production of documentary films.   ... [read more]

Wednesday, August 12, 2020 @ 11:54 AM

Relationships, issues around intellectual property, emerging technologies Robot typing

What is the relationship between emerging technologies and intellectual property (IP)? Innovations in emerging technologies often bring new products to market, create differentiated services, or change how consumers interact with existing products and services. IP intersects with emerging technologies in various ways, some of which are more significant than others. This note is an overview of some of the more substantial ways that IP intersects with emerging technologies, and how in turn this may influence trends in global IP law and governance. ... [read more]

Monday, August 10, 2020 @ 8:18 AM

Opening statement at a mediation: An overview opening_statement_sm

A mediation brings collaboration to the adversarial process by shifting the focus away from an impending courtroom battle to the parties’ interests. Whether mandatory or voluntary, it is an opportunity to resolve a dispute without the high costs and delays associated with a trial. It is a rare moment when the parties have complete control over the timing and outcome of a claim. ... [read more]

Thursday, August 06, 2020 @ 2:01 PM

Federal court has jurisdiction to interpret contracts scales_of_justice_sm

In Salt Canada Inc. v. Baker 2020 FCA 127, the Federal Court of Appeal has provided some much-needed clarification on the jurisdiction of the Federal Court, confirming that the court has jurisdiction to adjudicate contract disputes that arise in the context of patent cases. ... [read more]

Wednesday, August 05, 2020 @ 2:03 PM

Being rude in court: Disciplinary sanctions screaming_mouth_sm

In part one of this series we summarized the scope of that rather elusive line as to when a lawyer would cross into uncivil communications with opposing counsel and reviewed a governing Code of Conduct and The Advocates’ Society’s principles regarding civility in support of our conclusions. In this part we will take a look at case studies in order to illuminate just what the boundaries of civil communications between counsel may be. ... [read more]