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HTMLThird Party’s Right to Use Official Mark in a Domain Name Upheld: BC Court of Appeal Rejects ICBC’s Claim of Trade-mark Infringement
Lisa Martz; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
On July 22, 2014, the B.C. Court of Appeal dismissed the claim of B.C.’s provincial auto insurer, the Insurance Corporation of British Columbia (ICBC), that a personal injury lawyer’s registration and use of domain names incorporating its official mark “ICBC” violated the...

 

HTMLRhode Island Enacts New Social-Media Privacy Law
Amber L. Elias; Fisher & Phillips LLP;
Legal Alert/Article
August 6, 2014, previously published on August 1, 2014
Gov. Lincoln D. Chafee recently signed the 2014 Student and Employee Social Media Privacy Acts into law. In a press release, lawmakers said that the new law was modeled on similar laws in California that are “considered one of the nation’s strongest social-media privacy laws in the...

 

HTMLThe Impact of Social Media on Privacy: Why You Need a Social Media Policy
Clarence L. Bennett, Alison Strachan; Stewart McKelvey;
Legal Alert/Article
August 6, 2014, previously published on Summer 2014
One of the first social media confidentiality cases arose out of a health care employment relationship. In CAW-Canada, Local 127 (J.C.) v Chatham-Kent (Municipality), [2007] OLAA No 135 (QL), the grievor was a personal caregiver with eight years’ service and some history of discipline. She...

 

HTMLLinkedIn’s $6M FLSA Settlement Provides a Good Lesson to Employers (Updated)
Jonathan T. Hyman; Kohrman Jackson & Krantz PLL;
Legal Alert/Article
August 6, 2014, previously published on August 5, 2014
LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor investigation, reports the DOL.

 

HTMLThe Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL
Roland Hung; McCarthy Tétrault LLP;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
CASL came into effect on July 1, 2014, including the provisions for sending commercial electronic messages (“CEM”) (section 6) and installing computer programs (section 8). Since July 1, 2014, it is reported that the CRTC has received more than 1,000 complaints. Hence, awareness of...

 

HTMLApplication for a Registration Based On Proposed Use, Then Amended On Basis of Prior Registration in USA, Not a Ground for Expungement
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
August 5, 2014, previously published on July 30, 2014
Coors has argued that a recent decision of the Federal Court (TheThymes, LLC v Reitmans Canada Limited, 2013 FC 127) means Anheuser could not apply for a registration in Canada based on intended use and then amend the application to rely on a USA application. The Federal Court disagreed, and...

 

HTMLAppeal Dismissed: No Passing Off, No Violation of Official Mark Provisions for Incorporating Acronym and Official Mark into Domain Names
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
August 5, 2014, previously published on July 30, 2014
ICBC adopted a number of official marks, including the acronym “ICBC”. Stainton Ventures Ltd. (Stainton) operates a commercial website called “ICBCadvice.com” and owns the domain names and . ICBC believed Stainton was using its official mark without authorization, and...

 

HTMLFederal Communications Commission Requests Comments on Effectiveness of Cybersecurity Recommendations
Richard J. Johnson, Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
Legal Alert/Article
August 1, 2014, previously published on July 2014
The Federal Communications Commission ("FCC") is seeking industry and public comment on whether it should take further steps to ensure that the U.S. communications industry is sufficiently prepared for cybersecurity threats.

 

HTMLThe Buck Stops Here - Senate Bill Takes Aim at E-retailers
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
August 1, 2014, previously published on July 28, 2014
After more than a decade of trying to gain traction on Capitol Hill, brick-and-mortar retailers could be close to leveling the playing field with online merchants if the Marketplace and Internet Tax Fairness Act (“MITFA”) Senate bill proceeds.

 

HTMLUpdate on Google Unauthorized Children’s In-App Purchase Class Action: THE SHOW MUST GO ON!
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 26, 2014, previously published on July 23, 2014
U.S. District Court Judge Ronald M. Whyte has issued an order granting in part and denying in part Google’s Motion to Dismiss the class action filed against the Company on ­March 7 in the U.S. District Court for the Northern District of California as a result of unauthorized children’s...

 


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