Barry Sookman

Copyright, Intellectual Property, Computer, Internet, e-Commerce Law.

Archive for the ‘Trade Marks’ category

Developments in Computer, Internet and E-Commerce Law (2010-2011)

June 15th, 2011

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2010-2011). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory materials:

Privacy:

Cite Cards Canada Inc. v. Pleasance, 2011 ONCA 3

Leon’s Furniture Limited v. Alberta (Information and Privacy Commissioner), 2011 ABCA 94

State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada, 2010 FC 736

Nammo v. TransUnion of Canada Inc., 2010 FC 1284

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Posted in Amazon, Computer Misuse, Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), FISA, FIWSA, Fair Dealing, Google Book Scanning, ISP Liability, IT Contracts, Limitations of liability, Outsourcing, Patents, Piracy, Presentations, Privacy, Trade Marks, authorization, business method patents, communication to the public, conflicts of law, conflicts of laws, contributory infringement, data protection, idea expression dichotomy, iiNet case, intellectual property, p2p piracy, spam

Tags: class actions Copyright data protection E-commerce google book project intellectual property IT Contracts Limitations of liability Patents Privacy trade-marks

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.

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Posted in Trade Marks

Tags: assessing resemblance confusion expert evidence Masterpiece v Alavida trade-mark

RCMP report details Canada’s serious counterfeiting and piracy problems

September 17th, 2010

The RCMP just published a report surveying the problems posed by counterfeiting and piracy in Canada. Some of the important findings of the report A National Intellectual Property Crime Threat Assessment, 2005 to 2008 are the following:

Traditionally viewed as being victimless, Intellectual Property (IP) crime has become a source of health and safety concern in Canada. Health, safety, and economic damages from the consumption and usage of counterfeit goods are being reported on an international scale. Victims of IP crime include, among others, people suffering from life threatening diseases who unknowingly use counterfeit medicines containing little or too many active ingredients, or toxins.

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Posted in ACTA, Counterfeiting, Criminal Law, Piracy, Trade Marks, WIPO Treaties, c-32, copyright reform, intellectual property, p2p piracy

Tags: ACTA border controls Copyright Counterfeiting customs Piracy RCMP report

Developments in Computer, Internet and E-Commerce Law (2009-2010)

May 26th, 2010

Here are the slides used in my presentation to the Toronto Computer Lawyers Group earlier today, The Year in Review: Developments in Computer, Internet and E-Commerce Law (2009-2010). It covers significant developements since my talk last spring.

The slides include a summary of the following cases and statutory references:

Tercon Contractors Ltd. v. British Columbia, 2010 SCC 4

Internet Broadcasting Corporation Ltd. v Mar LLC [2009] EWHC 844 (Ch)

Gammasonics Institute for Medical Research Pty Ltd v Comrad Medical Sysytems Pty Ltd [2010] NSWSC 267 (9 April 2010)

Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965

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Posted in Copyright, Criminal Law, E-commerce, Electronic Commerce Protection Act (ECPA), Fair Dealing, Fair Use, Fundamental breach, Google Book Scanning, Graduated Response, ISP Liability, IT Contracts, Limitations of liability, Patents, Piracy, Presentations, Privacy, Trade Marks, data protection, human rights, intellectual property, isohunt, p2p piracy

Tags: computer law Copyright data protection ecommerce law internet law Privacy spam spyware toronto computer lawyers group presentation trademarks

McCarthy Tétrault Co-Counsel: Technology Law Quarterly

November 13th, 2009

Table of Contents

Internet/E-World ………………………………………………………………………. 1

E-COMMERCE …………………………………………………………………………………. 1

BC: Appeal Court Finds No Defamation Liability for Hyperlinking …………………………………..1

US: Linden Lab Aims to Make (Second) Life Easier for IP Owners……………………………………1

SPAM………………………………………………………………………………………….. 3

Canada: Industry Committee Amends Anti-Spam Bill ………………………………………………..3

Technology M&A……………………………………………………………………….. 6

TECH-RELATED M&A …………………………………………………………………………. 6

Canada: GPLv3 and Tech M&A………………………………………………………………………..6

Technology Contracting……………………………………………………………….. 8

TECHNOLOGY AGREEMENTS …………………………………………………………………. 8

Canada: New Protection for Licensees of IP — BIA and CCAA Amendments Come into Force ……..8

Canada: Harmonized Sales Tax — Timing Your Tech Purchases…………………………………… 10

OUTSOURCING ………………………………………………………………………………. 11

Ontario: Ontario Government Issues New Guidelines for Consulting Contracts ………………….. 11

Canada: Responding to RFPs — Tips for Suppliers …………………………………………………. 12

Canada: Value Drivers for IT Outsourcing Deals In An Economic Downturn — Part II …………….. 15

Canada: Immigration 101 for IT Companies Bringing Temporary Foreign Workers to Canada……. 18

Intellectual Property ………………………………………………………………….20

COPYRIGHT………………………………………………………………………………….. 20

US: US Court Rejects File-Sharer’s Fair Use Defence ……………………………………………… 20

Canada: Canadian Government Completes Consultations with Canadians on Copyright Reform … 21

UK: UK Government Issues Final Digital Britain Report……………………………………………. 22

Europe: French Graduated Response Law Passes Constitutional Hurdle………………………….. 24

Recent issue posted @ http://mccarthy.ca/pubs/TLQ_Vol5_Issue3_E_online.pdf. Covers recent developments in Internet, e-commerce, tech M&A, tech contracting, IP, privacy and communications.

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Posted in Copyright, E-commerce, Electronic Commerce Protection Act (ECPA), Outsourcing, Privacy, Trade Marks

Tags: bio-sciences Copyright E-commerce Outsourcing Patents tech m&a