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Insights TheSpotlight
World Intellectual Property Day 2022 Apr 27, 2022 Aird & McBurney and Aird & Berlis are proud to celebrate World IP Day 2022.
Insights TheSpotlight
Ghost in the Well: Court Expunges Registration of a Competitor’s Trademark By Amy Grenon and Lawrence Veregin Apr 13, 2022 While the concept of “bad faith” has percolated in Canadian trademark law for some time, the Fede... While the concept of “bad faith” has percolated in Canadian trademark law for some time, the Federal Court’s recent decision in Advanced Purification Engineering Corporation (APEC Water Systems) v. iSpring Water Systems, LLC, 2022 FC 388 is one of the first to consider the scope of ...
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Your Song Was Handmade For Somebody Like Me: Court Clears Ed Sheeran of Copyright Infringement in Shape of You By Lawrence Veregin Apr 07, 2022 Ed Sheeran, along with the other Shape of You songwriters, brought a claim in the High Court of J... Ed Sheeran, along with the other Shape of You songwriters, brought a claim in the High Court of Justice in London, England, seeking a declaration that they did not infringe Sami Chokri’s copyright in Oh Why. Acknowledging the importance of songwri...

Posted in: Sports

Insights TheSpotlight
Gaming Moves Forward: Ontario Launches New iGaming Framework and Sports Betting Expands By Peter K. Czegledy and Portia Biswas Apr 04, 2022 April 4, 2022, is the date that two important Canadian gaming legislative and regulatory changes ... April 4, 2022, is the date that two important Canadian gaming legislative and regulatory changes – each years in the making – come to fruition. Firstly, Canadian sports fans nationwide are now able to make bets on single events. And secondly, a Canadian province has ope...

Posted in: Court Decision | Sports

Insights TheSpotlight
U.S. Women’s Soccer Scores US$24-Million Goal By Jessie Lewis and Corey Fletcher Apr 01, 2022 On February 22, 2022, the United States Women’s National Soccer Team and the country’s top govern... On February 22, 2022, the United States Women’s National Soccer Team and the country’s top governing body for professional soccer, the United States Soccer Federation, agreed to a settlement of US$24 million in favour of the Women’s National Team, putting an end to a three-year-long gender discri...

Posted in: Intellectual Property

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Spring Cleaning: Getting your IP House in Order By Amy Grenon Mar 30, 2022 A considerable portion of many companies’ values is tied to its IP assets and goodwill. All organ... A considerable portion of many companies’ values is tied to its IP assets and goodwill. All organizations should have a good understanding of those assets and ensure that they are being maximized.

Posted in: Media

Insights TheSpotlight
Oscars 2022: Lights, Cameras and Censors By Jessie Lewis and Jose Garcia-Bonilla Mar 29, 2022 The 2022 Oscars were certainly a night to remember. Unfortunately, the tension between Will Smith... The 2022 Oscars were certainly a night to remember. Unfortunately, the tension between Will Smith and Chris Rock overshadowed various achievements throughout the night and led to some confusing audio censorship.

Posted in: Patents | Trademarks | Copyright | Intellectual Property

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IP 101: Understanding the Basics of Intellectual Property By Tony Sabeta, B.Eng. Mar 28, 2022 Generally, intellectual property falls into four main categories – patents, trademarks, copyright... Generally, intellectual property falls into four main categories – patents, trademarks, copyrights and trade secrets. Being knowledgeable about the different forms of IP can help you understand what category you may have and how to best protect it.

Posted in: Media | Sports

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Peng Shuai Returns – But Is She Free? By Jessie Lewis and Jose Garcia-Bonilla Mar 09, 2022 On February 7, 2022, Peng Shuai re-entered the spotlight after interviewing with French media out... On February 7, 2022, Peng Shuai re-entered the spotlight after interviewing with French media outlet L’Equipe. In her interview, Peng surprisingly announced her retirement and tried to explain to L’Equipe that her post on Weibo was actually “an enormous misunderstanding from the outside world.”

Posted in: TheSpotlight Categories

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A Year of Movie Magic: The 2022 Oscar Nominations By Jose Garcia-Bonilla and Jessie Lewis Feb 23, 2022 The crown jewel of Hollywood’s film awards is just around the corner! The 94th annual Academy Awa... The crown jewel of Hollywood’s film awards is just around the corner! The 94th annual Academy Awards is set to air on March 27, 2022. The Oscars will take place in person with capacity restrictions as well as vaccination and testing requirements. The ceremony will return to its traditional home a...

Posted in: Intellectual Property | Copyright

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A Mermaid Has No Tears — Danish Court Rules Zombie Cartoon and Face-Masked Photo Infringe Copyright in The Little Mermaid Statue By Lawrence Veregin Feb 17, 2022 Denmark’s Østre Landsret court sided with the estate of Edvard Eriksen, the creator of The Little... Denmark’s Østre Landsret court sided with the estate of Edvard Eriksen, the creator of The Little Mermaid statue in Copenhagen’s harbour, in a copyright infringement claim against the Berlingske newspaper over its zombified carto...

Posted in: Media | Sports

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Formula One Racing: “Understood, Give Me A Second…” By Jessie Lewis Feb 15, 2022 Some new information came to light last week surrounding the controversial Formula One (“F1”) Abu... Some new information came to light last week surrounding the controversial Formula One (“F1”) Abu Dhabi Grand Prix that took place on December 12, 2021. Radio conversations between Fédération Internationale de l'Automobile’s F1 race director Michael Masi and Red Bull Racing’s Sporting Director Jo...

Posted in: CRTC

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Bill C-11 Proposes to Regulate Canada’s Online Streaming Services By Stephen Zolf and Al Turnbull Feb 08, 2022 Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments ... Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, also known as the Online Streaming Act, was tabled for its first reading on February 2, 2022 by the Minister of Canadian Heritage.

Posted in: Patents | Intellectual Property

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Whose Liability Is It Anyway? The Court Clarifies the Burden in Summary Trials and Infers Inducement By Amy Grenon and Lawrence Veregin Jan 31, 2022 In Janssen Inc. v. Pharmascience Inc., 2022 FC 62, the Federal Court highlighted two important is... In Janssen Inc. v. Pharmascience Inc., 2022 FC 62, the Federal Court highlighted two important issues: the burden in summary trial proceedings and the evidentiary burden for proving inducement of patent infringement. The Court’s findings with respect to the...

Posted in: TheSpotlight Categories

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The Markman and the Grandfather: Federal Court Determines Claim Construction by Partial Summary Judgment and Interprets the Prior Use Defence By Amy Grenon and Lawrence Veregin Jan 24, 2022 In Kobold Corporation v. NCS Multistage Inc., 2021 FC 1437, the Federal Court addressed two often... In Kobold Corporation v. NCS Multistage Inc., 2021 FC 1437, the Federal Court addressed two often pondered questions in Canadian patent law: can the court decide the construction of a patent’s claims before trial, an...

Posted in: TheSpotlight Categories

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@TheGoldenGlobes: 280 Characters Per Category By Jose Garcia-Bonilla and Jessie Lewis Jan 19, 2022 The Hollywood Foreign Press Association (“HFPA”) announced the annual Golden Globe winners via Tw... The Hollywood Foreign Press Association (“HFPA”) announced the annual Golden Globe winners via Twitter. In an unprecedented move, the HFPA adopted this format in lieu of its usual glamourous red carpet event.

Posted in: Court Decision | Sports

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Novak Djokovic’s Rally With the Courts By Corey Fletcher and Jessie Lewis Jan 17, 2022 The number one star in men’s tennis, Novak Djokovic, will not participate in the 2022 Australian ... The number one star in men’s tennis, Novak Djokovic, will not participate in the 2022 Australian Open and was deported from Australia on Sunday, January 16, 2022, following the Australian government’s and court’s decision to revoke his visa. This is part of the ongoing saga related to Djokovic’s ...

Posted in: Telecommunications | Media

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English Premier League Streaming Rights Change Hands in Canada (Again!) By Stephen Zolf Jan 14, 2022 International football (soccer) media rights have been “handed-off” again. According to the Janua... International football (soccer) media rights have been “handed-off” again. According to the January 13th announcement, fuboTV has acquired exclusive Canadian streaming/media rights for the English Premier League. The deal includes exclusive rights on all media platforms for the EPL for...

Posted in: Court Decision | Copyright | Trademarks | Blockchain | Intellectual Property

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Miramax Sues Quentin Tarantino to Stop Sale of Pulp Fiction NFTs “The path of the righteous man is beset on all sides by the iniquities of the selfish and the tyranny of evil men.” By Lawrence Veregin and Ken Clark Dec 15, 2021 Quentin Tarantino—the legendary director behind Reservoir Dogs, Kill Bill and Once Upon a Time In... Quentin Tarantino—the legendary director behind Reservoir Dogs, Kill Bill and Once Upon a Time In Hollywood—is now in the midst of a legal dispute with Miramax over his planned sale of non-fungible tokens of unused content from Pulp Fiction.

Posted in: Sports

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PWHPA Returns to Toronto for the Kipling Showcase Second Stop on the 2021-2022 Secret® Dream Gap Tour By Jessie Lewis Dec 14, 2021 On December 18–19, 2021, the Professional Women’s Hockey Players Association will take the ice in... On December 18–19, 2021, the Professional Women’s Hockey Players Association will take the ice in Toronto for the Kipling Showcase, as the second stop on the 2021-2022 Secret® Dream Gap Tour.

Posted in: Patents | Intellectual Property

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Patentability of Dosage Regimes in Canada: Lessons Learned From the Patent Appeal Board By Pia-Lauren Reece, PhD Dec 07, 2021 In Canada, methods of medical treatment and surgery are not patentable subject-matter. Medical “u... In Canada, methods of medical treatment and surgery are not patentable subject-matter. Medical “use” claims, however, are directed to patentable subject-matter. The Supreme Court of Canada has cautioned that problems may arise if medical use claims attempt to “fence in”...

Posted in: Sports | Media

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Where is Peng Shuai? Best Evidence or Verifiable Proof? By Jessie Lewis Dec 02, 2021 On December 1, 2021, the Women’s Tennis Association announced the immediate suspension of all WTA... On December 1, 2021, the Women’s Tennis Association announced the immediate suspension of all WTA tournaments in China, including Hong Kong, following the growing concerns about the safety and whereabouts of former World No. 1 doubles tennis star, Peng Shuai.

Posted in: Patents | Intellectual Property

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Excess Claims Fees to Be Introduced Into Canada’s Patent Regime By Tony Sabeta, B.Eng. Nov 25, 2021 The Canadian patent regime has always been unique and flexible. However, many of these unique asp... The Canadian patent regime has always been unique and flexible. However, many of these unique aspects are disappearing in order to bring Canada’s patent regime into procedural harmony with the practice in other jurisdictions.

Posted in: Patents | Intellectual Property

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Commissioner’s Decision 1590 – Inputs, Outputs and Everything in Between By Steve Hundal, B.Eng. Oct 15, 2021 The Commissioner of Patents of the Canadian Intellectual Property Office recently released its de... The Commissioner of Patents of the Canadian Intellectual Property Office recently released its decision in Bio-Rad Laboratories, Inc. The Decision concerns Canadian patent application number 2,837,728 owned by Bio-Rad Laboratories, Inc., which “relates generally to methods and systems...
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