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

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Adobe PDFAnalisys os the Latest Legal Proposal to Amend Brazil's IP Law
Ana Góis, Igor Simões; Simões Intellectual Property - Brazil;
Legal Alert/Article
November 27, 2014, previously published by World Intellectual Property Review on September/October, 2014
Two congressmen from the Brazilian House of Representatives intend to amend some of the main articles in the current industrial property law (IPL) as a way of reforming the patent system. According to the bill’s authors, Newton Lima and the politician known simply as Dr. Rosinha, both...

 

Adobe PDFIntellectual Property, A Challenge for the Next President
Simoes Intellectual Property - Brazil;
Legal Alert/Article
November 27, 2014, previously published by O Globo Newspaper
Formed by executives of big companies, the National Innovation Initiative (MEI) group recently expressed the need for a new regulatory framework to encourage, in an effective way, the innovation in the country. The group, which gathers Embraer, Natura, Ultra Group, among other companies, announced...

 

HTMLFCC Proposes $10 Million Forfeiture for Privacy Violations
Richard L. Reiter; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on October 30, 2014
On October 24, 2014, the Federal Communications Commission (FCC) proposed a $10 million forfeiture penalty against TerraCom, Inc. (TerraCom) and YourTel America, Inc. (YourTel) (collectively, the Corporations) for alleged data security violations. Although the FCC is currently unaware of any...

 

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...

 

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,...

 

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...

 


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