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News

  • Copyright

    SHARING UNLISTED HYPERLINKS: Linkletter vs. Proctorio

    Linkletter v. Proctorio considers whether sharing unlisted links to videos hosted on YouTube would violate copyright and breach confidentiality. By sharing hyperlinks to the unlisted videos, the court found Linkletter did violate both copyright and his duty of confidentiality to Proctorio.

    15 Feb, 2024

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  • Trademarks

    More Clarity on New Language Requirements for Trademarks in Quebec

    Quebec has introduced new language requirements for businesses trying to sell goods and services to Quebeckers. The new requirements are scheduled to come into force on June 1, 2025. In sum, the new law will generally require businesses to seek a trademark registration for all non-French trademarks.

    10 Feb, 2024

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  • Copyright

    Identifying Internet Subscriber Alone Not Sufficient to Prove Copyright Infringement

    BitTorrent software continues to be a popular means to traffic copyright infringing works and stopping such unlawful activity continues to challenge for copyright owners. The recent decision in Voltage Holdings, LLC v. Doe, 2023 FCA 194 demonstrates these continuing challenges.

    16 Oct, 2023

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  • Privacy and Data Rights

    Right to be Forgotten: A First Step for Canada?

    The “right to be forgotten” is the right to have personal information removed from Internet searches. As of today, the right has been recognized in the EU, but remains the subject of debate in Canada. However, recent court decisions have given green light to consider complaints seeking such reli

    6 Oct, 2023

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  • Trademarks

    Bad Faith Relied Upon to Expunge Registrations

    With amendments to the Trademarks Act in 2019, bad faith was introduced as a new ground to oppose trademark applications and, by implication, a new ground to expunge existing registrations. Relying upon bad faith at filing, the Federal Court recently invalidated two existing registrations.

    8 Mar, 2023

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  • Trademarks

    Correspondence Practices in Canada for Madrid

    Foreign applicants are able to file trademark applications in Canada through WIPO. However, CIPO will not communicate with foreign counsel. This often results in lost or misdirected notices and abandonment of the application by default. We recommend appointing a Canadian agent promptly after filing.

    31 Jan, 2023

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