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Welcome to the Spotlight

The Spotlight features legal and industry commentary on the latest happenings in the media, sports, communications, intellectual property and data security/privacy industries.

Recent Spotlight Posts

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: 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.

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 adorned with a logo evoking the Swiss ...

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.