BC Personal Information Protection Act May Apply Even If Entity Lacks Physical Presence There BC Personal Information Protection Act May Apply Even If Entity Lacks Physical Presence There

Privacy
January 22, 2025January 22, 20252025-01-22
On December 18, 2024, in Clearview AI Inc. v Information and Privacy Commissioner for British Columbia, 2024 BCSC 2311, the Supreme Court of British Columbia (the Court) held that British Columbia’s Personal Information Protection Act (BC PIPA) applies to organizations operating outside of British Columbia (BC) that have a “real and substantial connection” to the province.
Deeth Williams Wall https://www.dww.com/articles/bc-personal-information-protection-act-may-apply-even-if-entity-lacks-physical-presence

To Two Thumbs-Up: Emoji Constitutes Valid Signature Confirms Saskatchewan Appeals Court To Two Thumbs-Up: Emoji Constitutes Valid Signature Confirms Saskatchewan Appeals Court

Information Technology
January 22, 2025January 22, 20252025-01-22
On December 16, 2024, the Court of Appeal for Saskatchewan (the Court) in Achter Land & Cattle Ltd. v South West Terminal Ltd., 2024 SKCA 115, dismissed an appeal by Achter Land & Cattle Ltd. (ALC) in a two-to-one decision, finding that a “thumbs-up” emoji constituted a valid signature and acceptance of a contract.
Deeth Williams Wall https://www.dww.com/articles/to-two-thumbsup-emoji-constitutes-valid-signature-confirms-saskatchewan-appeals-court

Federal Court Of Appeal Upholds Invalidity Of Snow Plow Blade Patents For Obviousness Federal Court Of Appeal Upholds Invalidity Of Snow Plow Blade Patents For Obviousness

Patent Litigation
January 22, 2025January 22, 20252025-01-22
On January 6, 2025, the Federal Court of Appeal (the FCA) issued its decision in Usinage Pro-24 Inc. v Valley Blades Ltd., 2025 FCA 4, dismissing Usinage Pro-24 Inc.’s (Nordik Blades’) appeal of a Federal Court decision that found certain claims in its two snow plow blade patents (the Patents) invalid for obviousness.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-upholds-invalidity-of-snow-plow-blade-patents-for-obviousness

Almost Like A Movie: Federal Court Of Canada Dismisses Application For Passing Off For Film Distribution Services Almost Like A Movie: Federal Court Of Canada Dismisses Application For Passing Off For Film Distribution ...

Trademark and Copyright Litigation
January 22, 2025January 22, 20252025-01-22
On January 3, 2025, the Federal Court of Canada (the Court) issued its decision in 2K4 Inc. (Indican Pictures) v Indiecan Entertainment Inc., 2025 FC 20, dismissing 2K4 Inc. o/a Indican Pictures’ (the Applicant’s) application against IndieCan Entertainment Inc. (the Respondent) for passing off under s. 7(b) of the Trademarks Act.
Deeth Williams Wall https://www.dww.com/articles/almost-like-a-movie-federal-court-of-canada-dismisses-application-for-passing-off-for-film

ETIPS® NEWSLETTER’S “2024: YEAR IN REVIEW” ETIPS® NEWSLETTER’S “2024: YEAR IN REVIEW”

Intellectual Property
January 8, 2025January 8, 20252025-01-08
Thank you for your readership over the last year and welcome to what we hope will be an even better 2025!  In this year’s first issue of the E-TIPS® Newsletter, we will recap our most noteworthy reports from 2024, covering developments in intellectual property and information technology law under the following categories: (1) Supreme Court of Canada Matters, (2) Legislative, Treaty and Policy Developments, (3) Patents, (4) Trademarks, (5) Copyright, (6) Privacy and Cybersecurity, and (7) Artificial Intelligence.
Deeth Williams Wall https://www.dww.com/articles/etips%C2%AE-newsletter%E2%80%99s-%E2%80%9C2024-year-review%E2%80%9D

Federal Court Of Appeal Rules Patented Medicine Prices Review Board Can’t Regulate Unpatented Medicines Federal Court Of Appeal Rules Patented Medicine Prices Review Board Can’t Regulate Unpatented Medicines

Patent Litigation
December 11, 2024December 11, 20242024-12-11
On December 3, 2024, the Federal Court of Appeal (the Court) released an en banc judgement in Galderma Canada Inc. v Canada, 2024 FCA 208, reversing a decision of the Federal Court (2024 FC 46, January 11, 2024).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-rules-patented-medicine-prices-review-board-can%E2%80%99t-regulate

Federal Court Weighs In On Motion To Strike Claims For Imported Grey Market Toyota Car Parts Federal Court Weighs In On Motion To Strike Claims For Imported Grey Market Toyota Car Parts

Trademark and Copyright Litigation
December 11, 2024December 11, 20242024-12-11
On November 7, 2024, the Federal Court of Canada (the Court) issued its decision in Toyota Jidosha Kabushiki Kaisha (Toyota Motor Corporation) v Marrand Auto Inc., 2024 FC 1776, partially granting a motion by Marrand Auto Inc. (the Defendant) to strike the statement of claim of Toyota Canada Inc. et al. (collectively, Toyota) in relation to the grey market resale of automotive parts.
Deeth Williams Wall https://www.dww.com/articles/federal-court-weighs-on-motion-to-strike-claims-for-imported-grey-market-toyota-car-parts

Alberta Information And Privacy Commissioner Calls For Changes To Proposed Public Sector Access And Privacy Legislation Alberta Information And Privacy Commissioner Calls For Changes To Proposed Public Sector Access And Priva...

Privacy
December 11, 2024December 11, 20242024-12-11
On November 20, 2024, the Office of the Information and Privacy Commissioner (OIPC) of Alberta published comments and a call for changes regarding two new bills tabled by the Alberta government earlier this month: Bill 33, the Protection of Privacy Act, 2024; and Bill 34, the Access to Information Act, 2024. These bills would replace Alberta’s existing public sector access and privacy law, the Freedom of Information and Protection of Privacy Act (FOIP Act), with two new pieces of legislation, the Protection of Privacy Act (PPA) and the Access to Information Act (AIA). According to the OIPC, these updates would be the first substantial amendments to the FOIP Act since 1995.
Deeth Williams Wall https://www.dww.com/articles/alberta-information-and-privacy-commissioner-calls-for-changes-to-proposed-public-sector

Canadian Privacy Authorities Address Personal Information Sharing In Situations Involving Intimate Partner Violence Canadian Privacy Authorities Address Personal Information Sharing In Situations Involving Intimate Partne...

Privacy
December 11, 2024December 11, 20242024-12-12
On November 27, 2024, Canada’s federal, provincial, and territorial Privacy Commissioners and Ombuds (the FTP Commissioners) issued a joint resolution (the Resolution) to guide the responsible disclosure of personal information in situations involving intimate partner violence (IPV).
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-authorities-address-personal-information-sharing-situations-involving

Release Of First-Ever AI Human Rights Impact Assessment Tool Based On Canadian Human Rights Law Release Of First-Ever AI Human Rights Impact Assessment Tool Based On Canadian Human Rights Law

Information Technology
November 27, 2024November 27, 20242024-11-27
On November 6, 2024, the Law Commission of Ontario (LCO) in collaboration with the Ontario Human Rights Commission (OHRC) released the first Human Rights AI Impact Assessment tool (the HRIA) based specifically on Canadian human rights law. The HRIA is intended to help both private and public organizations evaluate and mitigate the human rights risks associated with artificial intelligence (AI) systems.
Deeth Williams Wall https://www.dww.com/articles/release-of-firstever-ai-human-rights-impact-assessment-tool-based-on-canadian-human-rights

Trademark Registrations For Future Ontario Place Spa Partially Expunged Trademark Registrations For Future Ontario Place Spa Partially Expunged

Trademark and Copyright Litigation
November 27, 2024November 27, 20242024-11-27
On November 6, 2024, the Federal Court of Canada (the FC) issued its decision in Auberge & Spa Le Nordik Inc v. THERME Development (Cy) Ltd., 2024 FC 1765, partially granting an application by Auberge & Spa Le Nordik Inc. and Nordik Immobiliers Winnipeg Inc. (collectively, the Applicants) to expunge certain registered services from trademarks registered by THERME Development (CY) Ltd. (TD) (the Respondent).
Deeth Williams Wall https://www.dww.com/articles/trademark-registrations-for-future-ontario-place-spa-partially-expunged

Canadian Privacy Regulators Issue Joint Resolution Addressing Deceptive Design Patterns And Privacy-Related Harms Canadian Privacy Regulators Issue Joint Resolution Addressing Deceptive Design Patterns And Privacy-Relat...

Privacy
November 27, 2024November 27, 20242024-11-27
On November 13, 2024, the Office of the Privacy Commissioner of Canada and privacy regulators across Canada (the Regulators) announced a joint resolution (the Resolution) calling for action on the growing use of deceptive design patterns (DDPs), which are used on websites and mobile apps, including those targeted towards younger users, to influence, manipulate, or coerce users to make decisions that may not be in their best interests.
Deeth Williams Wall https://www.dww.com/articles/canadian-privacy-regulators-issue-joint-resolution-addressing-deceptive-design-patterns

You’re (FAST) FIRED! Federal Court Serves Up A Win For Blaze Pizza In Trademark Opposition You’re (FAST) FIRED! Federal Court Serves Up A Win For Blaze Pizza In Trademark Opposition

Trademark and Copyright Litigation
November 27, 2024November 27, 20242024-11-27
On November 6, 2024, in Blaze Pizza, LLC v Carbone Restaurant Group Ltd., 2024 FC 1770, the Federal Court of Canada (FC) allowed an appeal from a decision of the Trademarks Opposition Board (TMOB), allowing Blaze Pizza’s opposition to the trademark FAST FIRED BY CARBONE & Design (the Trademark).
Deeth Williams Wall https://www.dww.com/articles/you%E2%80%99re-fast-fired-federal-court-serves-up-a-win-for-blaze-pizza-trademark-opposition

DWW CPD 2024: Professionalism and Technology Refresher: A Case-Driven Exploration of Professional Standards and Technology DWW CPD 2024: Professionalism and Technology Refresher: A Case-Driven Exploration of Professional Standar...

Information Technology
November 22, 2024November 22, 20242024-11-22
View a recording of Professionalism and Technology Refresher: A Case-Driven Exploration of Professional Standards and Technology by clicking on the link below: https://youtu.be/1Eg7GfCyjsc   Program materials are available by clicking here: 
Deeth Williams Wall https://www.dww.com/articles/dww-cpd-2024-professionalism-and-technology-refresher-a-casedriven-exploration-of

X To Use And Share User Data For AI Training X To Use And Share User Data For AI Training

Information Technology
November 13, 2024November 13, 20242024-11-13
On November 15, 2024, social network X (formerly Twitter) will implement updates to its Terms of Service and Privacy Policy that, among other things, authorize the use and disclosure of user information for the purposes of training artificial intelligence (AI) models belonging to the platform provider or third parties.
Deeth Williams Wall https://www.dww.com/articles/x-to-use-and-share-user-data-for-ai-training

Standing On Guard For Thee: Canadian Centre For Cyber Security Releases Cyber Threat Assessment And Guidance For Critical Infrastructure Standing On Guard For Thee: Canadian Centre For Cyber Security Releases Cyber Threat Assessment And Guida...

Cybersecurity
November 13, 2024November 13, 20242024-11-13
On October 29, 2024, the Canadian Centre for Cyber Security (the Cyber Centre) released flagship guidance for critical infrastructure sectors (the Guidance). The following day, the Cyber Centre published its 2025-2026 National Cyber Threat Assessment (the Cyber Threat Assessment). These two publications are complementary, as the Guidance outlines voluntary guidelines to help critical infrastructure defend against cyber threats and enhance Canada’s overall cyber security resilience, while the Cyber Threat Assessment offers an overview of the cyber threats affecting Canadians and forecasts how these threats may evolve.
Deeth Williams Wall https://www.dww.com/articles/standing-on-guard-for-thee-canadian-centre-for-cyber-security-releases-cyber-threat

Scrape This! Privacy Commissioner Issues Statement On Data Scraping Scrape This! Privacy Commissioner Issues Statement On Data Scraping

Privacy
November 13, 2024November 13, 20242024-11-13
On October 28, 2024, the Office of the Privacy Commissioner of Canada issued its Concluding Joint Statement on Data Scraping and the Protection of Privacy (the Concluding Statement) with its co-signatories, building on the Joint Statement on Data Scraping and the Protection of Privacy (the Initial Statement) issued on August 24, 2023.
Deeth Williams Wall https://www.dww.com/articles/scrape-privacy-commissioner-issues-statement-on-data-scraping

A Slice Of Pie: Federal Court Maintains Trademark Registration For Restaurant Services In Absence Of Restaurant Physically Located In Canada A Slice Of Pie: Federal Court Maintains Trademark Registration For Restaurant Services In Absence Of Rest...

Trademark and Copyright Litigation
November 13, 2024November 13, 20242024-11-13
On October 9, 2024, the Federal Court of Canada (the FC) released its decision in Little Brown Box Pizza, LLC v DJB, 2024 FC 1592, partially allowing The Little Brown Box Pizza, LLC’s (the Owner) appeal from the Registrar of Trademarks’ (the Registrar) decision to expunge its trademark for PIEOLOGY (the Trademark).
Deeth Williams Wall https://www.dww.com/articles/a-slice-of-pie-federal-court-maintains-trademark-registration-for-restaurant-services

Committee Report On Federal Government’s Use Of Digital Forensic Tools Suggests Amendments To Privacy Act Committee Report On Federal Government’s Use Of Digital Forensic Tools Suggests Amendments To Privacy Act

Privacy
October 30, 2024October 30, 20242024-10-30
On October 10, 2024 , the Standing Committee on Access to Information, Privacy, and Ethics (the Committee) presented its report entitled “Federal Government’s Use of Technological Tools Capable of Extracting Personal Data From Mobile Devices and Computers” (the Report) to the House of Commons. The Report outlines the findings from the Committee’s study carried out on federal government institutions’ use of “digital forensic tools”, which are technological tools capable of extracting personal data from mobile devices and computers.
Deeth Williams Wall https://www.dww.com/articles/committee-report-on-federal-government%E2%80%99s-use-of-digital-forensic-tools-suggests-amendments

Another Federal Court Decision In Real Estate Board’s Copyright Claim In MLS Listings Another Federal Court Decision In Real Estate Board’s Copyright Claim In MLS Listings

Trademark and Copyright Litigation
October 30, 2024October 30, 20242024-10-30
On October 1, 2024, the Federal Court (the FC) released its decision in Toronto Regional Real Estate Board v IMS Incorporated (RE Stats), 2024 FC 1537, dismissing a motion to strike brought by IMS Incorporated, c.o.b. as RE Stats (IMS) relating to certain copyright infringement claims in The Toronto Regional Real Estate Board’s (TRREB) Second Amended Statement of Claim (the Amended Claim).
Deeth Williams Wall https://www.dww.com/articles/another-federal-court-decision-real-estate-board%E2%80%99s-copyright-claim-mls-listings

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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