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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...

Posted in: Court Decision | Copyright | Intellectual Property

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Federal Court of Appeal Affirms Use of Reverse Class Actions For Copyright Infringement Claims By Ken Clark and Lawrence Veregin Oct 15, 2021 On September 8, 2021, the Federal Court of Appeal released its decision in Salna v. Voltage Pictu... On September 8, 2021, the Federal Court of Appeal released its decision in Salna v. Voltage Pictures, LLC, 2021 FCA 176 regarding certification of a reverse class action (i.e. where there is a class of defendants rather than plaintiffs) for pursuing copyright inf...

Posted in: Copyright | Intellectual Property

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Stacked Deck — A Claim For Copyright in a Magic: The Gathering Deck By Lawrence Veregin Aug 25, 2021 An American professor has successfully obtained a U.S. copyright registration for a deck of Magic... An American professor has successfully obtained a U.S. copyright registration for a deck of Magic: The Gathering cards, entitled Angels and Demons. The copyright is not for the artistic design of the cards (which are designed and published by Wizards of the Coast), but instead for his sel...
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Aird & Berlis | Aird & McBurney Recognized in 2021 edition of the IAM Patent 1000 Jul 08, 2021 Aird & Berlis and Aird & McBurney are proud to be recognized in the Canada section of the 2021 ed... Aird & Berlis and Aird & McBurney are proud to be recognized in the Canada section of the 2021 edition of the IAM Patent 1000: The World’s Leading Patent Professionals, a guide that identifies the top patent firms and professionals in key jurisdictions around the globe.
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Aird & Berlis Partners Recognized as 2021 IP STARS Jun 15, 2021 Three members of the Aird & Berlis Intellectual Property Group have been recognized in the 2021 e... Three members of the Aird & Berlis Intellectual Property Group have been recognized in the 2021 edition of IP STARS, Managing Intellectual Property’s guide to the world's leading IP firms and practitioners.

Posted in: Court Decision | Copyright | Intellectual Property

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The Beginning of the End of Online Piracy in Canada? Federal Court of Appeal Approves Site-Blocking Order: The Consequences By Ken Clark and Lawrence Veregin Jun 07, 2021 Under the anonymity of the internet, the worst of humanity is revealed: piracy, defamation, hate ... Under the anonymity of the internet, the worst of humanity is revealed: piracy, defamation, hate speech, privacy violations and harassment flourish and cause immeasurable harm to their victims. The perpetrators hide as zeroes and ones, making enforcement difficult or impossible. Even if a victim ...

Posted in: Copyright | Court Decision | Intellectual Property

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Planet of the APIs: U.S. Supreme Court Rules Google’s Use of Java APIs in Android Is Fair Use By Lawrence Veregin Apr 08, 2021 On April 5, 2021, the Supreme Court of the United States released its decision in Google LLC v. O... On April 5, 2021, the Supreme Court of the United States released its decision in Google LLC v. Oracle America, Inc., holding that Google’s use of Oracle’s Java API was fair and did not infringe copyright.

Posted in: Patents | Court Decision | Intellectual Property

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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.

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...

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 and Donald B. Johnston 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.

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 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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Monsanto V. Schmeiser 20 Years Later: The Answer Wasn’t Blowin’ in the Wind 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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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...

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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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.

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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