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Documents on Intellectual Property, Internet & E-Commerce, Legal Management, Computer & Data Services, Information Services
 

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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,...

 

HTMLThe Supreme Court's Aereo Ruling: Is the Sky Falling for Cloud Computing?
Janina Gorbach; Foley & Lardner LLP;
Legal Alert/Article
July 14, 2014, previously published on July 8, 2014
With the Supreme Court’s Aereo decision finally out, the digital industry is struggling with its impact, if any, on various products and services, particularly with regard to cloud computing. However, the Supreme Court narrowly tailored the Aereo decision to services that closely resemble...

 

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...

 

HTMLSupreme Court Reconciles Federal Circuit Diverse Views on Patent Eligibility of Computer Implemented Inventions
Dev Batta, Rory J. Radding; Edwards Wildman Palmer LLP;
Legal Alert/Article
June 24, 2014, previously published on June 2014
The Supreme Court has tried to quiet the debate on what is patent eligible. They have now recognized that fundamental economic practices are not patent eligible if they are merely implemented on a computer without additional features as well as that computers are ubiquitous now so wholly generic...

 

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...

 


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