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HTMLNew Internet-Related Offences
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
April 9, 2015, previously published on March 24, 2015
In December 2014, the Protecting Canadians from Online Crime Act (formerly Bill C-13) amended the Criminal Code, the Canada Evidence Act and the Mutual Legal Assistance in Criminal Matters Act. The Criminal Code amendments included the following:

 

HTMLNotice and Notice Regime for Internet Copyright Infringement
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
April 9, 2015, previously published on March 24, 2015
Canada’s new “notice and notice” regime for Internet copyright infringement (Copyright Act ss. 41.25, 41.26 and 41.27(3)) came into force on January 2, 2015. The notice and notice regime is the final step in implementing the Copyright Modernization Act, S.C. 2012, c. 20, which was...

 

HTMLThe Cyber Security State of the Union: Obama Commits “to Protect a Free and Open Internet”
Danielle Y. Vanderzanden; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 27, 2015
In last week’s State of the Union address, President Barack Obama continued his ongoing push for nationwide privacy legislation to “better meet the evolving threat of cyber-attacks, combat identity theft, and protect our children’s information.” Recognizing the real threats...

 

HTMLNinth Circuit Court of Appeals Demands More from Website Operators Before Terms of Use Will Bind Users
Adam R. Bialek, Kerianne Losier; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 3, 2014, previously published on October 17, 2014
The Ninth Circuit’s recent opinion in Nguyen v. Barnes & Noble Inc., No. 12-56628, August 18, 2014, US 9th Circuit, provides insight regarding courts’ treatment of Internet-based contracts of interest to those operating in the e-commerce space or any website owner seeking to rely on...

 

HTMLEarly Trademark Registration can Provide Cost-Effective Relief from Cybersquatters
Otis W. Grigsby; Taft Stettinius & Hollister LLP;
Legal Alert/Article
September 4, 2014, previously published on August 28, 2014
Early trademark registration can help a company efficiently defend itself from cybersquatters who seek to benefit from or harm the goodwill of a company by registering abusive domain names that incorporate the company’s name or brands. Cybersquatter misappropriation can create significant...

 

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...

 

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...

 

HTMLInterim Injunctive Relief Against Google as a Tool to Enforce Intellectual Property Rights Worldwide
Sean Griffin, Catherine Martin; McCarthy Tétrault LLP;
Legal Alert/Article
July 17, 2014, previously published on July 4, 2014
Following the decision last month in which Google Inc. (“Google”) was ordered by the European Union’s Court of Justice to “forget” certain personal information, the Supreme Court of British Columbia (the “Court”) issued an interim injunction on June 13,...

 

HTMLU.S. Supreme Court Finds Direct Copyright Liability for Subscriber-Directed Retransmissons of Over-the-Air Broadcasts
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
July 9, 2014, previously published on July 1, 2014
The U.S. Supreme Court held last week that a service provider directly infringes a copyright owner’s exclusive performance right when it transmits to subscribers individualized streams of copyrighted works almost simultaneously to their broadcast over the air. Justice Stephen Breyer, writing...

 


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