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Documents on Intellectual Property, Internet & E-Commerce, Legal Management, Computer & Data Services, Information Services
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|Applicant 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;
April 15, 2014, previously published on April 9, 2014In 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.
|Pinterest Contest Draws FTC Warning|
Barry M. Benjamin, Lindsay A. Victor; Kilpatrick Townsend & Stockton LLP;
April 11, 2014, previously published on April 8, 2014A 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...
|New 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;
April 1, 2014, previously published on March 27, 2014A 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...
|A Desk Guide to Data Protection and Breach Response - Part 6|
Jason Stephen Juceam, David M. Siegal; Haynes Boone LLP;
March 24, 2014, previously published on March 21, 2014When 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...
|United 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;
March 19, 2014, previously published on March 18, 2014On 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...
|Combating 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;
March 18, 2014, previously published on March 14, 2014Trademark 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...
|Imitation Protection of Internet Sites by Copyright Law|
Michael Rainer, Michael Rainer; GRP Rainer LLP;
March 17, 2014, previously published on March 14, 2014The 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.
|CASL Applies To You Even If You Aren’t In Canada|
Puneet Soni, Barry B. Sookman; McCarthy Tétrault LLP;
March 14, 2014, previously published on March 11, 2014CASL 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...
|The 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;
March 12, 2014, previously published on February 28, 2014A 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...
|Can Use of Another’s Trademark in an AdWord Constitute Infringement?|
Heather A. Cameron, Lisel M. Ferguson; Procopio, Cory, Hargreaves & Savitch LLP;
February 26, 2014, previously published on February 2014You 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...