Posts Tagged ‘internet jurisdiction’

Homeaway.com Decision Threatens to Re-write Trade-mark Law in Canada (But Is it for the Better?)

December 14th, 2012

In a case that could have major ramifications for trade-marks law in Canada, Justice Hughes of the Federal Court has concluded that, when a trade-mark appears on a computer screen website in Canada, regardless where the information may have originated from or be stored, constitutes for Trade-Marks Act purposes, use and advertising in Canada.

This strong conclusion comes from Homeaway.com, Inc. v. Martin Hrdlicka, 2012 FC 1467, a decision released December 12, 2012. In this case, the Applicant sought to expunge a trade-mark registered in 2010 by the Respondent Hrdlicka. On the Application, the Respondent represented himself.

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Posted in conflicts of laws, intellectual property, jurisdiction, Trade Marks

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Developments in Computer, Internet and E-Commerce Law (2011-2012)

June 21st, 2012

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 (2011-2012). It covers significant developements since my talk last spring, Developments in Computer, Internet and E-Commerce Law (2010-2011).

The slides include a summary of the following cases:

Kraft Real Estate Investments, LLC v Homeway.com, Inc. 2012 WL 220271 (D.S.Car. Jan 24, 2012)

Swift v. Zynga Game Network, Inc., 805 F.Supp.2d 904, (N.D.Cal., 2011)

Fteja v. Facebook, Inc., 2012 WL 183896 (S.D.N.Y. 2012)

Grosvenor v. Qwest Corp., 2012 WL 602655 (D.Colo., 2012) 

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Posted in APIs, authorization, C-11, CASL, click wrap agreement, Computer & Internet Law Update, conflicts of laws, contracts, contributory infringement, Copyright, copyright reform, data protection, defamation, DMCA safe harbor, E-commerce, Google Book Scanning, hyperlinking liability, innocent disseminator, intellectual property, Internet defamation, ISP Liability, IT Contracts, jurisdiction, misleading advertising, OSFI Guidlines, Presentations, Privacy, Reproduction, shrink wrap license, spam, Trade Marks, web wrap agreement

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Social media, intellectual property and the workplace, is there a gap in the law?

April 25th, 2012

I gave a speech earlier today at the Law Society Special Lectures on Employment Law and the New Workplace in the Social Media Age. My talk was entitled,  ”Is There a Gap in Intellectual Property Law?”  My slides are shown below.

Sookman law society IP in social media

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Posted in Copyright, Patents, Presentations, social media, Trade Marks

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