Archive for May, 2011

Computer and Internet Law Updates for 2011-05-31

May 31st, 2011

G8 declaration: Internet and IP critical to innovation

May 30th, 2011

The leaders of the G8 concluded their meetings last week with a renewed commitment to freedom and democracy. They released a declaration dealing with a variety of topics including the importance of the Internet and intellectual property as catalysts to innovation. The declaration also highlights the challenges of maintaining the privacy and security of networks and network communications.

The declaration on the Internet made the link between the Internet and innovation as follows:

For business, the Internet has become an essential and irreplaceable tool for the conduct of commerce and development of relations with consumers. The Internet is a driver of innovation, improves efficiency, and thus contributes to growth and employment…

Computer and Internet Law Updates for 2011-05-30

May 30th, 2011

Computer and Internet Law Weekly Updates for 2011-05-29

May 29th, 2011

Computer and Internet Law Updates for 2011-05-28

May 28th, 2011
  • US court rules that no reverse engineering clause in license is not preempted by copyright Neon Enterprise Software v IBM 2011 WL 2036674 #
  • Online security: Honda hacked losing personal information http://bit.ly/igynic #
  • Saudi Government blocks 3,000 drug websites http://bit.ly/jvohJ8 #
  • US CAFC rules patent exhaustion applies even if license fees not paid Tessera, Inc. v. Int’l Trade Comm’n, http://bit.ly/iEVUvP #
  • Privacy law and Social networking big issues in California – can a strong piracy law be unconstitutional? http://bit.ly/mEUxBc #
  • European laws target computer 'cookies,' but is compliance already crumbling? http://bit.ly/lOa3QQ #

Computer and Internet Law Updates for 2011-05-27

May 27th, 2011

A Masterpiece for Brand Owners – The Supreme Court of Canada makes it easier to enforce your trade-mark

May 26th, 2011

By Brian Edmonds, Beth Macdonald and Dan Glover*

On May 26, 2011 the Supreme Court of Canada released its decision in Masterpiece Inc. v. Alavida Lifestyles Inc., 2011 SCC 27. The Court reversed decisions by the Federal Court and Federal Court of Appeal, and painted a rosier picture for those who seek to protect trade-mark rights in Canada.

Masterpiece started using the trade-mark MASTERPIECE THE ART OF LIVING in Alberta in 2001.  It used the mark in association with retirement residences.  On December 1, 2005 Alavida filed an application to register the trade-mark MASTERPIECE LIVING for use, in brief, with retirement residences.  In the application Alavida indicated that it proposed to commence use of the mark in Canada in the future.  In 2006 it did in fact commenced using the mark in Ontario.

Computer and Internet Law Updates for 2011-05-26

May 26th, 2011

Rethinking CASL

May 25th, 2011

SPAM is awful.  It wastes our time. It clogs the Internet. It is full of scams, malware and fraudulent, false and misleading messages. Who wouldn’t cheer when Canada finally decided late in 2010 to outlaw SPAM and related afflictions of malware, spyware, address harvesting and sending false and misleading commercial electronic messages?

Indeed, there was much satisfaction when Canada’s anti-SPAM law, also known as FISA[2], was given royal assent on December 15, 2011.  After a lengthy and thorough review process, including consultations and Parliamentary reviews, Canadians could look forward to the toughest anti-SPAM law in the world just as soon as the regulations were finalized, which is expected this summer.

Computer and Internet Law Updates for 2011-05-25

May 25th, 2011