Federal Court Of Canada Dismisses Injunction Motion In Copyright Dispute Relating To Art Installation Federal Court Of Canada Dismisses Injunction Motion In Copyright Dispute Relating To Art Installation

Trademark and Copyright Litigation
May 31, 2023May 31, 20232023-06-01
On March 24, 2023, the Federal Court of Canada (the Court) issued its decision in Sheppard v C S Design Inc, 2023 FC 413, dismissing a motion for an interim injunction brought by Lola Sheppard, doing business as Lateral Office Mason White, (collectively, the Plaintiffs) in an action for copyright infringement relating to an art installation.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-injunction-motion-copyright-dispute-relating-to-art

Federal Court Of Appeal Of Canada Dismisses Milano Pizza’s Appeal On Trademark Infringement Action Federal Court Of Appeal Of Canada Dismisses Milano Pizza’s Appeal On Trademark Infringement Action

Trademark and Copyright Litigation
May 16, 2023May 16, 20232023-05-17
On April 27, 2023, the Federal Court of Appeal of Canada (FCA) issued its decision in Milano Pizza Ltd. v 6034799 Canada Inc., 2023 FCA 85, dismissing the Appellants’ application for an order overturning a decision from the Federal Court (FC) which dismissed the Appellants’ action for trademark infringement, passing off and depreciation of goodwill.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-milano-pizza%E2%80%99s-appeal-on-trademark

Bill C-11: Online Streaming Act Receives Royal Assent Bill C-11: Online Streaming Act Receives Royal Assent

Telecommunications
May 16, 2023May 16, 20232023-05-17
On April 27, 2023, Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, also known as the Online Streaming Act, received Royal Assent.
Deeth Williams Wall https://www.dww.com/articles/bill-c11-online-streaming-act-receives-royal-assent

Quebec Bill 3 Receives Royal Assent And Signals Major Reform For Handling Of Health And Social Services Information Quebec Bill 3 Receives Royal Assent And Signals Major Reform For Handling Of Health And Social Services I...

Privacy
May 16, 2023May 16, 20232023-05-17
On April 4, 2023, Quebec’s health information privacy bill, An Act respecting health and social services information and amending various legislative provisions (Bill 3), received royal assent, and is set to establish a new legal framework for health and social services information in Quebec.
Deeth Williams Wall https://www.dww.com/articles/quebec-bill-3-receives-royal-assent-and-signals-major-reform-for-handling-of-health-and

Ontario Superior Court Dismisses Apotex’s Section 8 Claim For Damages Regarding Atomoxetine Despite Dismissed Prohibition Proceeding Ontario Superior Court Dismisses Apotex’s Section 8 Claim For Damages Regarding Atomoxetine Despite Dismi...

Pharmaceutical Patent Litigation
May 16, 2023May 16, 20232023-05-17
On March 30, 2023, the Ontario Superior Court of Justice (the Court) in Apotex v Eli Lilly, 2023 ONSC 1968, dismissed Apotex Inc.’s (Apotex) claim for damages under Section 8 of the Patented Medicines (Notice of Compliance) Regulations (the Regulations) that allegedly resulted from delays that Apotex encountered in bringing its generic atomoxetine product, Apo-Atomoxetine, to market.
Deeth Williams Wall https://www.dww.com/articles/ontario-superior-court-dismisses-apotex%E2%80%99s-section-8-claim-for-damages-regarding

OSFI Publishes Final Revised Guideline B-10: Third-Party Risk Management OSFI Publishes Final Revised Guideline B-10: Third-Party Risk Management

Cybersecurity
May 3, 2023May 3, 20232023-05-03
On April 24, 2023, the Office of the Superintendent of Financial Institutions (OSFI) published its final revised Guideline B-10: Third-Party Risk Management (the Guideline), setting out associated risk management expectations for federally regulated financial institutions (FRFIs).
Deeth Williams Wall https://www.dww.com/articles/osfi-publishes-final-revised-guideline-b10-thirdparty-risk-management

Federal Court of Canada Dismisses Privacy Commissioner of Canada’s Application Against Facebook Federal Court of Canada Dismisses Privacy Commissioner of Canada’s Application Against Facebook

Privacy
May 3, 2023May 3, 20232023-05-03
On April 13, 2023, the Federal Court of Canada (the Court) issued its decision in Canada (Privacy Commissioner) v Facebook, Inc., 2023 FC 533, in which it dismissed an application brought by the Privacy Commissioner of Canada (the OPC) alleging that Facebook Inc. (Facebook) breached the Personal Information Protection and Electronic Documents Act (PIPEDA) when sharing Facebook users’ personal information with third-party applications hosted on the Facebook Platform. The allegations followed after an investigation of a PIPEDA complaint by the OPC, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-privacy-commissioner-of-canada%E2%80%99s-application-against

Federal Court Of Appeal Of Canada Dismisses Appeal, Allowing TRREB To Pursue Its Claim For Copyright Infringement Federal Court Of Appeal Of Canada Dismisses Appeal, Allowing TRREB To Pursue Its Claim For Copyright Infr...

Trademark and Copyright Litigation
May 3, 2023May 3, 20232023-05-03
On March 28, 2023, the Federal Court of Appeal of Canada (FCA), in IMS Incorporated v Toronto Regional Real Estate Board, 2023 FCA 70, dismissed an appeal, in part, relating to a decision of the Federal Court (FC) which set aside an order striking the statement of claim of the Toronto Regional Real Estate Board (TRREB).
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-of-canada-dismisses-appeal-allowing-trreb-to-pursue-its-claim-for

Federal Court of Appeal Finds That Teva Product Would Induce Infringement of Janssen Patent Federal Court of Appeal Finds That Teva Product Would Induce Infringement of Janssen Patent

Pharmaceutical Patent Litigation
May 3, 2023May 3, 20232023-05-03
On March 23, 2023, the Federal Court of Appeal of Canada (FCA) issued its decision in Teva Canada Limited v. Janssen Inc., 2023 FCA 68, in which it dismissed Teva Canada Limited’s (Teva’s) appeal and allowed a cross-appeal by Janssen Inc. and Janssen Pharmaceutica N.V. (collectively, Janssen), finding that Teva would induce infringement of Canadian Patent No. 2,655,335 (the 335 Patent) by bringing its paliperidone palmitate product to market.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-appeal-finds-teva-product-would-induce-infringement-of-janssen-patent

Italian Data Protection Authority Bans ChatGPT Until OpenAI Meets Privacy Compliance Requirements Italian Data Protection Authority Bans ChatGPT Until OpenAI Meets Privacy Compliance Requirements

Privacy
April 19, 2023April 19, 20232023-04-19
On March 31, 2023, Italy’s Data Protection Authority (the Regulator) issued a press release detailing its order for an immediate ban on the artificial intelligence (AI) platform, ChatGPT (the Order). The Order requires the US-based company behind ChatGPT, OpenAI, LLC, to temporarily cease processing Italian users’ data until it rectifies its privacy practices, which has resulted in ChatGPT being temporarily unavailable for users in Italy.
Deeth Williams Wall https://www.dww.com/articles/italian-data-protection-authority-bans-chatgpt-until-openai-meets-privacy-compliance

Federal Court Of Canada Dismisses Appeal Of Refusal Of Trademark Application For TRIBAL CHOCOLATE Federal Court Of Canada Dismisses Appeal Of Refusal Of Trademark Application For TRIBAL CHOCOLATE

Trademark and Copyright Litigation
April 19, 2023April 19, 20232023-04-19
On March 28, 2023, the Federal Court of Canada (the Court) issued its decision in Tweak-D Inc v Attorney General of Canada, 2023 FC 427, dismissing Tweak-D Inc’s (the Applicant’s) appeal from a decision of the Registrar of Trademarks (the Registrar) refusing an application to register the trademark TRIBAL CHOCOLATE, in relation to hair care products, because it was confusing with a registered trademark for TRIBAL.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-appeal-of-refusal-of-trademark-application-for-tribal

British Columbia Supreme Court Certifies Privacy Class Action Seeking To Hold Employer Vicariously Liable For Employee’s Misconduct British Columbia Supreme Court Certifies Privacy Class Action Seeking To Hold Employer Vicariously Liable...

Privacy
April 19, 2023April 19, 20232023-04-19
On March 13, 2023, the British Columbia Supreme Court (the Court) issued its decision in Burke v Red Barn at Mattick’s Ltd, 2023 BCSC 367, certifying a class action lawsuit against an assistant manager at the grocery store, Red Barn at Mattick’s Ltd (RBM,) for breach of privacy, and against RBM for negligence.
Deeth Williams Wall https://www.dww.com/articles/british-columbia-supreme-court-certifies-privacy-class-action-seeking-to-hold-employer

Federal Court Of Canada Finds Commissioner Of Patents Erred In Assessment of Inventive Concept Federal Court Of Canada Finds Commissioner Of Patents Erred In Assessment of Inventive Concept

Patent Litigation
April 19, 2023April 19, 20232023-04-19
On March 28, 2023, the Federal Court of Canada (the Court) in Coca-Cola Company v Canada (Attorney General), 2023 FC 424, held that the Commissioner of Patents (the Commissioner) erred in law in its assessment of the inventive concept relating to a patent for plastic beverage and food containers and methods for making same, and ordered the matter to be referred back to the Commissioner for redetermination of certain claims.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-finds-commissioner-of-patents-erred-assessment-of-inventive

Federal Court of Canada Launches Pilot Project, Creating Intellectual Property and Competition Chambers Federal Court of Canada Launches Pilot Project, Creating Intellectual Property and Competition Chambers

Intellectual Property
April 4, 2023April 4, 20232023-04-05
On March 2, 2023, the Federal Court of Canada (the Court) published a Notice to the Parties and the Profession titled “Pilot Project: Chambers of the Court” (the Notice), announcing the creation of the following three specialized Chambers of the Court: 1. Intellectual Property and Competition Chambers; 2. Maritime and Admiralty Chambers; and 3. Class Actions Chambers.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-launches-pilot-project-creating-intellectual-property-and

Federal Court of Canada Dismisses Wiseau Studio’s Appeal on Copyright Infringement Action Federal Court of Canada Dismisses Wiseau Studio’s Appeal on Copyright Infringement Action

Trademark and Copyright Litigation
April 4, 2023April 4, 20232023-04-05
On March 16, 2023, the Federal Court of Canada (the Federal Court) issued its decision in Wiseau Studio, LLC v Harper, 2023 FC 354, dismissing Wiseau Studio, LLC’s (the Plaintiff’s) appeal from a previous decision finding that its cause of action for copyright infringement was barred based on cause of action estoppel, as previously reported by the E-TIPS® Newsletter here.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-dismisses-wiseau-studio%E2%80%99s-appeal-on-copyright-infringement-action

Federal Court Of Canada Grants Summary Trial Judgment For Copyright And Trademark Infringement Federal Court Of Canada Grants Summary Trial Judgment For Copyright And Trademark Infringement

Trademark and Copyright Litigation
April 4, 2023April 4, 20232023-04-05
On March 21, 2023, the Federal Court of Canada (the Court) issued its decision in Dermaspark Products Inc v Patel, 2023 FC 388, in which it awarded compensatory and punitive damages for copyright and trademark infringement on summary trial.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-grants-summary-trial-judgment-for-copyright-and-trademark

US Copyright Office Shares Guidance On Registrations Containing AI-Generated Works US Copyright Office Shares Guidance On Registrations Containing AI-Generated Works

Copyright
April 4, 2023April 4, 20232023-04-05
On March 16, 2023, the U.S. Copyright Office (the Office) issued a statement of policy (the Guidance), describing how the Office examines human authorship under copyright law for applications to register works containing content generated with artificial intelligence (AI) technology. In the Guidance, the Office affirms that copyright may only protect material that is the product of human creativity, specifying that the term “author” excludes non-humans.
Deeth Williams Wall https://www.dww.com/articles/us-copyright-office-shares-guidance-on-registrations-containing-aigenerated-works

Federal Court Of Canada Expunges TRAVEL LEADERS Trademark Federal Court Of Canada Expunges TRAVEL LEADERS Trademark

Trademark and Copyright Litigation
March 21, 2023March 21, 20232023-03-22
On March 8, 2023, the Federal Court of Canada (the Court) issued its decision in Travel Leaders Group, LLC v 2042923 Ontario Inc. (Travel Leaders), 2023 FC 319, expunging the trademark registration for TRAVEL LEADERS owned by 2042923 Ontario Inc. (Ontario Inc.) because it was abandoned by the owner.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-expunges-travel-leaders-trademark

Government Of Canada Publishes A Companion Document To The Artificial Intelligence And Data Act Government Of Canada Publishes A Companion Document To The Artificial Intelligence And Data Act

Information Technology
March 21, 2023March 21, 20232023-03-22
On March 13, 2023, Innovation, Science and Economic Development Canada (ISED) published a companion document to the Artificial Intelligence and Data Act (AIDA). The Government of Canada introduced the AIDA in June 2022 as part of Bill C-27, the Digital Charter Implementation Act, 2022, as previously reported by the E-TIPS® Newsletter here. The companion document provides an overview of Canada’s artificial intelligence (AI) landscape and further details how the AIDA would work in practice.
Deeth Williams Wall https://www.dww.com/articles/government-of-canada-publishes-a-companion-document-to-artificial-intelligence-and-data

Federal Court Of Canada Awards Damages Related To Online Sales Of Counterfeit Louis Vuitton Goods Federal Court Of Canada Awards Damages Related To Online Sales Of Counterfeit Louis Vuitton Goods

Trademark and Copyright Litigation
March 21, 2023March 21, 20232023-03-22
On March 1, 2023, the Federal Court of Canada (the Court) issued its decision in Louis Vuitton Malletier v Sheine Reyes Rosales, 2023 FC 217, in which it granted Louis Vuitton Malletier’s and Louis Vuitton Canada, Inc.’s (collectively, Louis Vuitton’s) motion for default judgment, finding that Sheine Reyes Rosales (the Defendant) engaged in activity that infringed the Louis Vuitton’s trademarks, namely, selling counterfeit products bearing the registered Louis Vuitton trademarks (the Marks), which continued despite two cease and desist letters.
Deeth Williams Wall https://www.dww.com/articles/federal-court-of-canada-awards-damages-related-to-online-sales-of-counterfeit-louis

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.

E-TIPS is a registered trade-mark of Deeth Williams Wall LLP.