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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...

 

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...

 

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...

 

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...

 

HTMLCourt of Justice Confirms that Browsing the Internet is Lawful
Ben Hitchens, Akash Sachdeva, Riecha Sharma; Edwards Wildman Palmer LLP;
Legal Alert/Article
June 11, 2014, previously published on June 10, 2014
On 5 June 2014, following a request for a preliminary ruling from the Supreme Court of England and Wales, the Court of Justice of the European Union (“CJEU”) handed down its judgment in Case C-360/13, Public Relations Consultants Association Ltd v Newspaper Licensing Agency Limited and...

 

HTMLNow is the Time to Take Proactive Measures in Cybersecurity
Steven J. Bonafonte, Alex V. Hernandez, Edward B. Lefebvre, Timothy G. Ronan, Erick A. Russell; Pullman & Comley, LLC;
Legal Alert/Article
May 21, 2014, previously published on May 5, 2014
If any C-suite officer ever thought that privacy and data security was an incidental concern, they need only look to recent headlines to see the opposite is true. News of data breaches appears almost daily, and last year’s data breach at Target is being reported as one of the factors in the...

 

HTMLCYBER LAW TRACKER: Privacy Victory in Europe: EU’s Highest Court Requires Google® To Comply With An Individual’s Demand “To Be Forgotten.”
Steven J. Bonafonte, Alex V. Hernandez, Edward B. Lefebvre, Timothy G. Ronan, Erick A. Russell; Pullman & Comley, LLC;
Legal Alert/Article
May 21, 2014, previously published on May 15, 2014
The European Union's highest court has issued a landmark ruling: henceforth, individuals may influence what information search engines display about them. Before Tuesday's ruling, search engines such as Yahoo®, Google®, or Microsoft's Bing® had free reign over the results they offered...

 

Adobe PDFThe Google Books Case - Here's the Skinny
Steve S. Chang; Banner & Witcoff, Ltd.;
Legal Alert/Article
May 2, 2014, previously published on April 21, 2014
I’m sure many of us have fond memories of the venerable library card catalog: the musty smell, the tiny wooden drawers and their endless deck of equally tiny, yellowed cards on which someone laboriously typed the Dewey Decimal code, bibliographic information and a short, textual summary of a...

 

HTMLApplicant is not a Broadcasting Undertaking; thus held Not to have Previous Use in Broadcasting Services
Adrian J. Howard, Beverley Moore, Chantal Saunders, Ryan Steeves; Borden Ladner Gervais LLP;
Legal Alert/Article
April 15, 2014, previously published on April 9, 2014
In this case, Unicast brought an application pursuant to s. 57 of the Trade-marks Act requesting expungement of the trade-mark “RED FM” from the Register. The Court dismissed the application.

 


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