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

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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.


HTMLPinterest Contest Draws FTC Warning
Barry M. Benjamin, Lindsay A. Victor; Kilpatrick Townsend & Stockton LLP;
Legal Alert/Article
April 11, 2014, previously published on April 8, 2014
A Pinterest contest conducted by Cole Haan, Inc. recently resulted in an FTC warning. Shoe company Cole Haan held a contest via Pinterest that required contestants to create a board entitled “Wandering Sole.” Contestants then had to pin at least five images from Cole Haan’s...


Adobe PDFNew Generic Top-Level Domains Will Create New Trademark Issues: The Trademark Clearinghouse Can Help
Ronald J. Ventola, Christine E. Weller; Schnader Harrison Segal & Lewis LLP;
Legal Alert/Article
April 1, 2014, previously published on March 27, 2014
A top-level domain is the part of an Internet address appearing to the right of the last period. A generic top-level domain (gTLD) is a top-level domain that is not a geo graphic or national designation—“.com,” “.org,” and “.net”are gTLDs. Formerly gTLDs...


HTMLA Desk Guide to Data Protection and Breach Response - Part 6
Jason Stephen Juceam, David M. Siegal; Haynes Boone LLP;
Legal Alert/Article
March 24, 2014, previously published on March 21, 2014
When a company falls victim to a damaging cyber attack or suffers a theft of sensitive data or intellectual property, the incident very well may fall within the ambit of one or more criminal statutes designed to deter and punish perpetrators with the prospect of jail time, financial penalties and...


HTMLUnited States to Relinquish Remaining Control of the Internet and Oversight of the Internet Corporation for Assigned Names and Numbers (ICANN)
Adam R. Bialek, Gregory N. Brescia; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 19, 2014, previously published on March 18, 2014
On Friday, March 14, 2014, after a little more than 15 years of control, the United States National Telecommunications and Information Administration (NTIA) announced its intention to relinquish its remaining control of the Internet and oversight of the Internet Corporation for Assigned Names and...


HTMLCombating the Sale of Counterfeit Goods Online: Don’t Let Someone Get Away with Selling Knockoffs of Your Products
Jordan S. Cohen, Whitney C. Gibson, James W. Kelly; Vorys, Sater, Seymour and Pease LLP;
Legal Alert/Article
March 18, 2014, previously published on March 14, 2014
Trademark counterfeiting, in general, refers to the placement of a trademark on a product that is not the legitimate product offered by the trademark owner. Meanwhile, the Lanham Act - the U.S. federal trademark statute - defines a counterfeit as “a spurious mark that is identical with, or...


HTMLImitation Protection of Internet Sites by Copyright Law
Michael Rainer, Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
March 17, 2014, previously published on March 14, 2014
The operator of an Internet address has, as a rule, a special interest in the protection of his advertising appearance on the Internet against imitation. However, such a protection, from the copyright law, is guaranteed only up to a certain creation/design point.


HTMLCASL Applies To You Even If You Aren’t In Canada
Puneet Soni, Barry B. Sookman; McCarthy Tétrault LLP;
Legal Alert/Article
March 14, 2014, previously published on March 11, 2014
CASL is the toughest law of its kind in the world and Canadian organizations are awakening to many major challenges they will face when trying to comply with this legislation. However, non-Canadian organizations should not overlook the Act’s extra-territorial application and its effect on...


HTMLThe Second Opinion: When is a Little Knowledge a Dangerous Thing? When it is used to Disqualify In-House Counsel
Anthony M.C. Alexander; McCarthy Tétrault LLP;
Legal Alert/Article
March 12, 2014, previously published on February 28, 2014
A powerful tool in the litigation arsenal is the bringing of a motion to remove counsel from a file, either because she possesses disqualifying confidential information or faces a disqualifying conflict of duty. A recent ruling of the Federal Court of Appeal, Valeant Canada LP v. Canada, 2014 FCA...


Adobe PDFCan Use of Another’s Trademark in an AdWord Constitute Infringement?
Heather A. Cameron, Lisel M. Ferguson; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
February 26, 2014, previously published on February 2014
You have just negotiated a settlement between your client and a trademark infringer. The bad guy has admitted infringement, and you are drafting a settlement agreement when a dispute arises. The bad guy refuses to agree not to purchase AdWords containing your client’s trademark to advertise...


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