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Posted in: Patent | Intellectual Property | Court Decision | patents

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The 411 on File Wrapper Estoppel in Canada By Pia-Lauren Reece, PhD Feb 26, 2021 Section 53.1 of the Patent Act changed the point of view regarding the construction of claims in ... Section 53.1 of the Patent Act changed the point of view regarding the construction of claims in a patent litigation matter. Canada now has file wrapper estoppel and the courts are actively figuring out the bounds of how far that goes.
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Posted in: Court Decision | Trademarks | Intellectual Property

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The Swiss Shield: A Trademark Registration Is a Defence to Damages Even if Later Invalidated By Lawrence Veregin and Ken Clark Dec 14, 2020 Switzerland’s historic neutrality does not extend to the use of its iconic cross. Wenger, the Swi... Switzerland’s historic neutrality does not extend to the use of its iconic cross. Wenger, the Swiss company behind the legendary “Swiss Army Knife”, commenced a trademark claim against Travelway, a Canadian distributor of luggage. Both companies sold luggage adorne...
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Posted in: Privacy | GDPR | Data Security/Privacy

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Canada Re-enters the International Ring with Bold New Privacy Law Including Significant Fines By Paige Backman, Donald B. Johnston, Aaron Baer and Andy Nguyen Dec 01, 2020 On November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, proposed a... On November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, proposed a significant overhaul to Canada’s privacy legislation that would reinsert Canada as a leader on the international stage of privacy protection.
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Posted in: Intellectual Property

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The Federal Court of Appeal Upholds $640 Million Accounting of Profits Award for Patent Infringement By Ken Clark, L.E. Trent Horne and Lawrence Veregin Sep 22, 2020 In its recent decision in Nova Chemicals Corporation v. Dow Chemicals Company, 2020 FCA 141, the ... In its recent decision in Nova Chemicals Corporation v. Dow Chemicals Company, 2020 FCA 141, the Federal Court of Appeal clarified the role and calculation of the accounting of profits remedy for patent infringement.
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Posted in: TheSpotlight Categories

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Monsanto V. Schmeiser 20 Years Later: The Answer Wasn’t Blowin’ in the Wind By L.E. Trent Horne Aug 05, 2020 Intellectual property lawyers have the most interesting bookshelves in their offices; we tend to ... Intellectual property lawyers have the most interesting bookshelves in their offices; we tend to keep souvenirs of the various cases we work on. Over the years, my bookshelf has come to include things like skin care products, parts for cars and fireplaces, architectural mouldings, ...
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Posted in: TheSpotlight Categories

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Seismic Shift in Privacy Risks and Obligations By Paige Backman and Corey Fletcher Jul 30, 2020 As the world continues to focus on the ongoing effects of COVID-19 and plan for an eventual recov... As the world continues to focus on the ongoing effects of COVID-19 and plan for an eventual recovery, many have noticed a seismic shift in Canada’s privacy laws. In addition to the Competition Bureau of Canada stepping in to impose a $9.5 million penalty based on alleged false and misleading priv...
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Posted in: Privacy | Data Security/Privacy

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Competition Bureau Brings Big Stick to Privacy Claims – $9.5 Million Penalty for Privacy Claim By Paige Backman Jul 07, 2020 The Competition Bureau recently concluded that Facebook Inc. made false or misleading claims to t... The Competition Bureau recently concluded that Facebook Inc. made false or misleading claims to the public about the privacy of Canadians’ personal information on Facebook and Messenger. As a result, Facebook Inc. is required to pay a $9 million penalty, plus an ...
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Posted in: TheSpotlight Categories

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Aird & Berlis | Aird & McBurney Recognized in IAM Patent 1000 Jun 16, 2020 Aird & Berlis and Aird & McBurney are proud to be recognized in the Canada section of IAM Patent ... Aird & Berlis and Aird & McBurney are proud to be recognized in the Canada section of IAM Patent 1000: The World's Leading Patent Professionals 2020.
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Posted in: Data Security/Privacy | Privacy

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Maintaining Employee Mental Health through Digital Technologies By Lynn Tay and Lorway Gosse May 08, 2020 The rapid advancement of technology has resulted in a movement towards all kinds of digital tools... The rapid advancement of technology has resulted in a movement towards all kinds of digital tools. One tool that a growing number of employers are embracing is telemedicine. By leveraging technology, employers provide employees with access to professional advice in a convenient and cost-effect...
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Posted in: TheSpotlight Categories

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Smart Devices at Home and Maintaining Confidentiality Are Your Smart Devices Listening to Your Confidential Discussions? How to Secure Your Devices and Protect Your Data By Paige Backman and Andy Nguyen May 01, 2020 Having employees work from home can offer benefits and challenges to both organizations and emplo... Having employees work from home can offer benefits and challenges to both organizations and employees. Confidential conversations being recorded should not be an added risk. Ensure your employees and consultants are aware of the risks and inform them of some of the simple ways to reduce that risk.
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Aird & Berlis Partners Recognized as IP STARS by Managing Intellectual Property Apr 30, 2020 Three members of the Aird & Berlis Intellectual Property Group have been recognized in the 2020 edition of IP STARS, Managing Intellectual Property’s guide to the world's leading IP firms and practitioners.
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Posted in: Intellectual Property | Trademarks

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Federal Court Grants Interlocutory Injunction Restraining Cease and Desist Letters By L.E. Trent Horne Apr 29, 2020 Based on a statutory requirement that prohibits making false and misleading statements about a co... Based on a statutory requirement that prohibits making false and misleading statements about a competitor, a Federal Court judge granted an interlocutory injunction restraining further distribution of cease and desist letters.
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Posted in: Privacy by Design | Data Security/Privacy

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Digital Ethics By Donald B. Johnston Apr 20, 2020 Ethics generally are all about how we treat one another, relate to one another and resolve confli... Ethics generally are all about how we treat one another, relate to one another and resolve conflicts with one another. They are different from morals, which can vary from society to society. Ethics go deeper, to the universal human level. Digital ethics, therefore, are about how we treat one anot...
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Posted in: Copyright | Intellectual Property | TheSpotlight Categories

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Dark Horse Comes in Just at the Wire! A Music Copyright Analysis By Lawrence Veregin Apr 09, 2020 On March 16, 2020, the United States District Court for the Central District of California granted judgment in Gray v. Perry against Marcus Gray (a.k.a. Flame), dismissing his claim against Katy Perry for copyright infringement of his song Joyful Noise (about a million YouTube views) by Katy ...
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Posted in: Intellectual Property | Court Decision | Copyright | TheSpotlight Categories

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Retrograde in Taurus: Ninth Circuit Upholds Judgment That Stairway to Heaven Did Not Infringe Taurus By Lawrence Veregin and Ken Clark Apr 07, 2020 In the highly-anticipated decision of Skidmore v. Led Zeppelin, the United States Court of Appeals for the Ninth Circuit upheld a jury decision that Led Zeppelin’s Stairway to Heaven did not infringe Spirit’s Taurus.
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Posted in: TheSpotlight Categories | Data Security/Privacy

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Cyberattacks and Cybersecurity Measures Amid the COVID-19 Pandemic By Paige Backman and David Mba Mar 27, 2020 As the COVID-19 pandemic continues, cyber criminals are finding ways to capitalize on the growing levels of concern and fear accompanying the pandemic.
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Posted in: Data Security/Privacy | TheSpotlight Categories

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Geolocation and the Fight Against COVID-19 Could the Emergencies Act Overrule Privacy Law Protections for Cellphone Location Data? By Paige Backman and Stephanie D’Amico Mar 27, 2020 While COVID-19 is a “novel” coronavirus, the tension it stokes between public welfare and personal freedom is anything but new. Today, the battle is between public health and personal privacy.
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Beware of Preying Cyber Criminals During the COVID-19 Pandemic By Paige Backman Mar 26, 2020 Cyber criminals are parasitic, so the fact that they are using COVID-19 as a backdrop to increase their attacks should not be a surprise.
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Posted in: Trademarks | Court Decision | Intellectual Property

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The Supreme Court of Canada’s Clarifies Standard of Review for Trademark Appeals By Lawrence Veregin and Ken Clark Feb 28, 2020 The Supreme Court of Canada’s recent decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 revised the test for determining the standard of review for courts reviewing decisions from administrative bodies.
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Posted in: Court Decision | Privacy

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Ontario Recognizes False Light Tort of Invasion of Privacy By Paige Backman Feb 24, 2020 Hidden in the text of a strongly-worded family law case, Yenovkian v. Gulian, 2019 ONSC 7279, a new and timely tort based on invasion of privacy was recognized – Publicity Placing Person in False Light.
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Posted in: Artificial Intelligence

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Boosting the Rate of Technology Adoption By Aaron Baer Feb 21, 2020 For many observers of the legal industry, the seemingly glacial change of innovation can be astounding. But the reality is that lawyers (and law firms) are often resistant to change.
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Posted in: Intellectual Property | Trademarks | TheSpotlight Categories

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Aird & Berlis Trademark Practice and Practitioners Recognized in WTR 1000 By Timothy M. Lowman, L.E. Trent Horne, R. Grant Cansfield and Ken Clark Feb 14, 2020 Aird & Berlis is proud to be recognized in the 2020 edition of World Trademark Review 1000: The World’s Leading Trademark Professionals at both the firm and individual levels.
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No Netflix Tax? (Sort Of…): The Broadcasting and Telecommunications Legislative Review Panel Releases Its Final Report By Stephen Zolf Feb 03, 2020 On January 29, the Broadcasting and Telecommunications Legislative Review Panel submitted its final report to the government on modernizing Canada’s communications legislation.
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Posted in: Connected Car | Connected Vehicles | V2V | IoT | DSRC | Autonomous Vehicles | Vehicular communications | Internet of Things

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Connected Vehicles By Donald B. Johnston Jan 27, 2020 It’s been a long time since I wrote anything on connected vehicles. I mentioned in my previous blog on connected vehicles that there is a tremendous amount of evidence that connected cars are bound to reduce accidents. There’s a great McKinsey report on the subject of accident reduction that is w...
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