Official Marks In Canada: The Most Significant Change In Decades Official Marks In Canada: The Most Significant Change In Decades

Trademarks
April 16, 2025April 16, 20252025-04-16
After decades of urging by Canadian trademark professionals to change the regime involving official marks in Canada, a significant change came into effect on April 1, 2025. Official marks are a somewhat unique creature of Canadian trademark law. Pursuant to section 9 of Canada’s Trademarks Act (the “Act”), the Registrar of Trademarks may give public notice of the adoption and use by public authorities of official marks. Once such notice is given, it is prohibited in Canada for anyone to adopt a trademark which is the same as or likely to be mistaken for the official mark.
Deeth Williams Wall https://www.dww.com/articles/official-marks-canada-most-significant-change-decades

Privacy Commissioner Of Canada Launches Data Breach Risk Self-Assessment Tool Privacy Commissioner Of Canada Launches Data Breach Risk Self-Assessment Tool

Privacy
April 16, 2025April 16, 20252025-04-16
On March 26, 2025, the Office of the Privacy Commissioner of Canada (OPC) announced that a new online tool is now available to assist organizations in assessing the likelihood of whether a privacy breach creates a real risk of significant harm (RROSH) to individuals.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-of-canada-launches-data-breach-risk-selfassessment-tool

US Court Denies Copyright Protection For AI-Generated Artwork US Court Denies Copyright Protection For AI-Generated Artwork

Information Technology
April 16, 2025April 16, 20252025-04-16
On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit (the Court) issued its decision in Thaler v Perlmutter, affirming the findings of a lower court and the United States Copyright Office (the Office) that works produced solely by generative artificial intelligence (Gen AI) do not attract copyright protection, as an AI system cannot be an “author” under the United States’s Copyright Act of 1976 (the Act).
Deeth Williams Wall https://www.dww.com/articles/us-court-denies-copyright-protection-for-aigenerated-artwork

Partial Default Judgment Relating To Various ECO And LAB Trademarks Granted Partial Default Judgment Relating To Various ECO And LAB Trademarks Granted

Trademark and Copyright Litigation
April 16, 2025April 16, 20252025-04-16
On April 1, 2025, the Federal Court (the Court) issued its decision in Ecolab USA Inc. v. 2431717 Ontario Inc. (3D Eco Chemical Labs Canada), 2025 FC 595, partially granting a motion for default judgment in favour of the Plaintiff, Ecolab USA Inc., and restricting the Defendant, 3D Eco Chemical Labs Canada, from using various ECO and LAB formative marks (the Defendant Marks) in association with cleaning and disinfecting products.
Deeth Williams Wall https://www.dww.com/articles/partial-default-judgment-relating-to-various-eco-and-lab-trademarks-granted

Quebec Privacy Regulator Prohibits Grocery Chain From Keeping Customers’ Biometric Data Quebec Privacy Regulator Prohibits Grocery Chain From Keeping Customers’ Biometric Data

Privacy
April 2, 2025April 2, 20252025-04-02
On February 18, 2025, the Québec Commission d’accès à l’information (the CAI) issued a decision prohibiting Metro Inc. (Metro) from establishing a bank of biometric data for a pilot project aimed at preventing shoplifting and fraud.
Deeth Williams Wall https://www.dww.com/articles/quebec-privacy-regulator-prohibits-grocery-chain-from-keeping-customers%E2%80%99-biometric-data

Trademarks Act and Regulations Updates Effective April 1 Trademarks Act and Regulations Updates Effective April 1

Trademarks
April 2, 2025April 2, 20252025-04-02
On March 18, 2025, the Canadian Intellectual Property Office (CIPO) published further guidance on the amendments to the Trademarks Act (the Act) and the Trademarks Regulations (the Regulations) that confer new authorities on the Registrar of Trademarks (the Registrar). The newest guidance from CIPO provides additional information about the amendments relating to official marks.
Deeth Williams Wall https://www.dww.com/articles/trademarks-act-and-regulations-updates-effective-april-1

Canada Announces Three New Initiatives To Support Responsible AI Adoption Canada Announces Three New Initiatives To Support Responsible AI Adoption

Information Technology
April 2, 2025April 2, 20252025-04-02
On March 6, 2025, the Government of Canada (the Government) announced three new initiatives aimed at promoting the responsible and secure adoption of artificial intelligence (AI). These initiatives include a refreshed membership for the Advisory Council on AI, the launch of the Safe and Secure AI Advisory Group, and the release of a guide for managers of AI systems to support the implementation of Canada’s Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems (the Voluntary Generative AI Code).
Deeth Williams Wall https://www.dww.com/articles/canada-announces-three-new-initiatives-to-support-responsible-ai-adoption

Brainwaves and Boundaries: The Privacy Debate with Neurotechnology Brainwaves and Boundaries: The Privacy Debate with Neurotechnology

Privacy
April 2, 2025April 2, 20252025-04-02
Neurotechnology is rapidly advancing into the consumer market with devices like brain-computer interfaces (BCIs) and electroencephalogram (EEG) headsets becoming more accessible to individuals. In addition to offering groundbreaking possibilities, the rapid growth of this technology has triggered alarm bells across the globe regarding whether adequate privacy protections are in place for consumer data. This article explores the rise of neurotechnology, its privacy implications, and global regulatory efforts to address these challenges.
Deeth Williams Wall https://www.dww.com/articles/brainwaves-and-boundaries-privacy-debate-neurotechnology

Significant Amendments To Trademark Regulations Come Into Force April 1 Significant Amendments To Trademark Regulations Come Into Force April 1

Trademarks
March 19, 2025March 19, 20252025-03-19
On February 26, 2025, the Regulations Amending the Trademarks Regulations (the Regulations) were published in the Canada Gazette, Part II. The Regulations come into force on April 1, 2025.
Deeth Williams Wall https://www.dww.com/articles/significant-amendments-to-trademark-regulations-come-into-force-april-1

Privacy Commissioner Seeks Federal Court Order For Pornhub Operator To Comply With Canadian Privacy Law Privacy Commissioner Seeks Federal Court Order For Pornhub Operator To Comply With Canadian Privacy Law

Privacy
March 19, 2025March 19, 20252025-03-19
On March 3, 2025, The Office of the Privacy Commissioner of Canada (the OPC) announced that it filed an application with the Federal Court (the Court) seeking an order to require Aylo, one of the world’s largest operators of pornographic sites, including Pornhub, to take necessary steps to comply with Canada’s federal private sector privacy law, the Personal Information and Electronic Documents Act (PIPEDA).
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioner-seeks-federal-court-order-for-pornhub-operator-to-comply-canadian

If It’s Dead; It Stays Dead: Federal Court Confirms No Jurisdiction Of TMOB To Revisit Final Decision Deeming Trademark Application Abandoned If It’s Dead; It Stays Dead: Federal Court Confirms No Jurisdiction Of TMOB To Revisit Final Decision Dee...

Trademark and Copyright Litigation
March 19, 2025March 19, 20252025-03-19
On February 18, 2025, the Federal Court (the Court) issued its decision in Chwaja v. 0710674 BC Ltd. (Cottonmouth), 2025 FC 312, which upheld a Trademark Opposition Board (TMOB) decision that declared a trademark application for the mark “Cotton Mouth” (the Application) abandoned; and noted that the TMOB lacked jurisdiction to revisit its own decisions once final.
Deeth Williams Wall https://www.dww.com/articles/if-it%E2%80%99s-dead-it-stays-dead-federal-court-confirms-no-jurisdiction-of-tmob-to-revisit-final

Federal Court Allows Appeal From Decision Expunging FRUITFLOW Trademark Registration Based On New Evidence Federal Court Allows Appeal From Decision Expunging FRUITFLOW Trademark Registration Based On New Evidenc...

Trademark and Copyright Litigation
March 19, 2025March 19, 20252025-03-19
On February 21, 2025, the Federal Court of Canada (the Court) issued its decision in Provexis Nutrition Limited v. Robichaud, 2025 FC 347, allowing an appeal from a decision of the Trademarks Opposition Board (TMOB) expunging Provexis Nutrition Limited’s (the Applicant’s) trademark registration for FRUITFLOW & Design (the Mark).
Deeth Williams Wall https://www.dww.com/articles/federal-court-allows-appeal-from-decision-expunging-fruitflow-trademark-registration-based

“What We Heard”: Government of Canada Releases Report On Copyright and Generative AI Consultation “What We Heard”: Government of Canada Releases Report On Copyright and Generative AI Consultation

Copyright
March 5, 2025March 5, 20252025-03-05
On February 11, 2025, the Government of Canada (the Government) published its report summarizing the feedback received from a recent consultation regarding the effects of generative artificial intelligence (AI) on copyright policy and the marketplace. Overall, the Government found a lack of consensus among stakeholders for most identified issues, though there was a significant interest in improving transparency for copyright-protected content used in AI development.
Deeth Williams Wall https://www.dww.com/articles/%E2%80%9Cwhat-we-heard%E2%80%9D-government-of-canada-releases-report-on-copyright-and-generative-ai

First Major AI Copyright Case In U.S. Finds Infringement First Major AI Copyright Case In U.S. Finds Infringement

Copyright
March 5, 2025March 5, 20252025-03-06
On February 11, 2025, in Thomson Reuters Enterprise Centre GMBH and West Publishing Corp., v Ross Intelligence Inc., No.1:20-cv-613-SB, the United States District Court for the District of Delaware ( the “Court”) granted summary judgment for Thomson Reuters on its direct copyright infringement claims and related arguments denying fair use made against the artificial intelligence (AI) based legal research platform, Ross Intelligence Inc. (“Ross”).
Deeth Williams Wall https://www.dww.com/articles/first-major-ai-copyright-case-us-finds-infringement

Twisted in Knots: Federal Court Finds Trademark Confusion In Dispute Between GTA Physiotherapy Clinics Twisted in Knots: Federal Court Finds Trademark Confusion In Dispute Between GTA Physiotherapy Clinics

Trademark and Copyright Litigation
March 5, 2025March 5, 20252025-03-05
On February 14, 2025, the Federal Court of Canada (the Court) issued its decision in Habbous v Arc Physio Health Ltd., 2025 FC 297, finding that Arc Physio Health Ltd. (the Respondent) had infringed, passed off, and depreciated the goodwill of the registered trademark PHYSIOHEALTH STUDIOS (the Mark).
Deeth Williams Wall https://www.dww.com/articles/twisted-knots-federal-court-finds-trademark-confusion-dispute-between-gta-physiotherapy

Federal Court Denies Plaintiff’s Request for Cell Culture Samples in Patent Infringement Claim Federal Court Denies Plaintiff’s Request for Cell Culture Samples in Patent Infringement Claim

Pharmaceutical Patent Litigation
March 5, 2025March 5, 20252025-03-05
On February 10, 2025, the Federal Court (the Court) issued its decision in Bayer Inc. v Amgen Canada Inc., 2025 FC 264, dismissing Bayer Inc. and Regeneron Pharmaceuticals Inc.’s (the Plaintiffs) appeal of an order denying their request to compel Amgen Canada Inc. (Amgen) to produce samples of its cell culture media used in manufacturing Amgen’s biosimilar (ABP 938).
Deeth Williams Wall https://www.dww.com/articles/federal-court-denies-plaintiff%E2%80%99s-request-for-cell-culture-samples-patent-infringement

Canada’s Sensitive Technology List Released Canada’s Sensitive Technology List Released

Information Technology
February 19, 2025February 19, 20252025-02-19
On February 6, 2025, Canada’s Minister of Public safety announced the release of Canada’s Sensitive Technology List (STL), which includes emerging technologies or technologies with novel applications that Canada regards as having national security implications and seeks to protect from unwanted transfer to foreign threat actors. The STL is intended to act like the United States’ Critical and Emerging Technologies List and will contribute to advancing technological competitiveness while bolstering Canada’s national security.
Deeth Williams Wall https://www.dww.com/articles/canada%E2%80%99s-sensitive-technology-list-released

Federal Court Rules No Confidence In Board’s Decision Regarding LIVE WITH CONFIDENCE Trademark Federal Court Rules No Confidence In Board’s Decision Regarding LIVE WITH CONFIDENCE Trademark

Trademark and Copyright Litigation
February 19, 2025February 19, 20252025-02-19
On January 29, 2025, the Federal Court of Canada (the Court) issued its decision in T. Rowe Price Group, Inc. v Glidepath Technologies Inc., 2025 FC 179, finding that the Trademarks Opposition Board (the Board) erred in its assessment of the degree of resemblance of the trademarks at issue and directing that Glidepath Technologies Inc.’s (Glidepath’s) application to register its LIVE WITH CONFIDENCE mark (the Mark) be refused.
Deeth Williams Wall https://www.dww.com/articles/federal-court-rules-no-confidence-board%E2%80%99s-decision-regarding-live-confidence-trademark

Make Sure You Check Your Junk Folder! Missed Patent Maintenance Fees Causes Loss Of Patent Make Sure You Check Your Junk Folder! Missed Patent Maintenance Fees Causes Loss Of Patent

Patent Litigation
February 19, 2025February 19, 20252025-02-19
On February 4, 2025, the Federal Court of Appeal (FCA) issued its decision in Taillefer v. Canada (Attorney General), 2025 FCA 28, upholding a Federal Court (FC) decision dismissing Robert Taillefer’s (the Appellant’s) application for judicial review of the Commissioner of Patents’ (the Commissioner’s) refusal to reinstate Canadian Patent No. 2,690,767 (the 767 Patent) following its expiration in 2020 due to the non-payment of maintenance fees.
Deeth Williams Wall https://www.dww.com/articles/make-sure-you-check-your-junk-folder-missed-patent-maintenance-fees-causes-loss-of-patent

Federal Court Of Canada Finds Trademark Infringement In Hotpot Restaurant Case Federal Court Of Canada Finds Trademark Infringement In Hotpot Restaurant Case

Trademark and Copyright Litigation
February 19, 2025February 19, 20252025-02-19
On January 31, 2025, the Federal Court of Canada (the Court) issued its decision in Young v Li, 2025 FC 210, finding that the respondent, 1000237903 ONTARIO INC. (903 Ontario), infringed, passed off and depreciated the goodwill of the registered trademarks DAHU HOTPOT and DAHU HOTPOT & Design. (collectively, the Marks) in the operation of a restaurant in the Greater Toronto Area.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-trademark-infringement-hotpot-restaurant-case

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