IPBlog (Calgary)

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Intellectual Property Law, Trade-marks and Internet Law in Canada
Updated: 6 weeks 3 days ago

Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Mon, 2014/10/06 - 15:00
- By Richard Stobbe Last summer, Google was ordered by a Canadian court to de-index certain offending websites which were selling goods that were the subject of an intellectual property (IP) infringement claim (Equustek Solutions Inc. v. Jack, 2014 BCSC 1063 (CanLII), see our earlier post: Court Orders Google to Remove ...

Crowdfunding: Tips for the Start-Up

Mon, 2014/10/06 - 15:00
- By Richard Stobbe If you are a start-up considering the crowdfunding route, let's talk. Here are a few tips to consider: IP: Most crowdfunding portals require extensive disclosure of the start-up's business plans and product prototypes. That makes sense - after all, investors want to know what they're investing in. The start-up should consider ...

Crowdfunding: A Canadian Update

Mon, 2014/10/06 - 15:00
- By Richard Stobbe A Canadian company, Vrvana, Inc. is seeking $350,000 through Kickstarter, to finance its development of a virtual reality headset marketed as the Totem. Vrvana has elected to pursue a reward-based crowdfunding model. For example, minimal donations of $15 come with a newsletter subscription and event invitations. The top end contribution ...

Ownership of Photograph by Employee

Mon, 2014/10/06 - 15:00
- By Richard Stobbe While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work day. When an employee takes a photograph, who owns copyright in ...

Monkey See, Monkey Do… However Monkey Does Not Enjoy Copyright Protection

Mon, 2014/10/06 - 15:00
By Richard Stobbe I know this story crested a few weeks ago, but who can resist it? A famous 1998 Molson Canadian ad posed a Canadian version of the infinite monkey theorem. The cheeky ad, showing a seemingly endless array of monkeys on typewriters, sidestepped the more important question about whether the monkeys as ...

Confidentiality & Sealing Orders in Software Disputes

Mon, 2014/10/06 - 15:00
- By Richard Stobbe Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a lawsuit in the Federal Court in the US, claiming copyright infringement and breach of contract. ...

When Milk is Not Milk: Dairy Farmers of Canada v. Cytosport, Inc.

Mon, 2014/10/06 - 15:00
By Richard Stobbe You can't get a trade-mark registration for a word that will deceive consumers. Put into legalese, section 12 of the Canadian Trade-marks Act says a trade-mark is not registrable if it is either "clearly descriptive or deceptively misdescriptive ... of the character or quality of the wares or ...

Online Terms - What Works, What Doesn’t

Mon, 2014/10/06 - 15:00
- By Richard Stobbe The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In Tompkins v. 23andMe, Inc., 2014 WL 2903752 (N.D. Cal. June 25, ...

Copyright Litigation and the Risk of Double Costs

Mon, 2014/10/06 - 15:00
- By Richard Stobbe An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were included in 2 versions of the documentary, and the documentary ...

Court Orders Google to Remove Site from Worldwide Search Results

Mon, 2014/10/06 - 15:00
- By Richard Stobbe In a recent decision by the British Columbia courts (Equustek Solutions Inc. v Jack , 2014 BCSC 1063), Google has been ordered to de-index a website selling goods that were the subject of intellectual property (IP) infringement claims. While this may seem quotidian - after all, Google does ...

IT Contracts - Conference in Calgary

Thu, 2014/09/25 - 09:00
By Richard Stobbe On October 14 and 15, 2014, I will be presenting on "Drafting IT Agreements" at the Essentials of Commercial Contracts (Calgary) Conference. This conference will discuss the legal and business framework of commercial contracts, negotiations and practical drafting tips. The session on information technology (IT) contracting will review key considerations in ...

An American Attorney in Canada (Part 2: Anti-Spam)

Wed, 2014/09/24 - 13:00
By Richard Stobbe Canada and the USA. We enjoy the world's longest undefended border... a border that unfortunately does not screen spam. If you are an American attorney with US clients doing business in Canada, then you should be aware of a few things, like our lack of imaginative legislative acronyms, such as ...

Supreme Court of Canada on Internet Privacy

Mon, 2014/09/22 - 15:00
- By Richard Stobbe The Supreme Court puts it mildly in its opening line: "The Internet raises a host of new and challenging questions about privacy." One of those questions is whether an IP address can be considered personal information. An internet protocol (IP) address is the unique numeric identifier of a particular ...

The Transitional Period & Implied Consent Under CASL

Wed, 2014/09/10 - 15:00
By Richard Stobbe If the term "CASL compliance" is giving you a nervous twitch, you're not alone. Many small and medium-sized businesses in Canada are scrambling to prepare for Canada's Anti-Spam Law (CASL), whose official title says it all - especially the part about "efficiency and adaptability" (take a deep breath before you read ...

An American Attorney in Canada (Part 1: Copyright)

Thu, 2014/08/28 - 09:00
By Richard Stobbe Okay, so maybe it's neither as romantic as Gershwin's "An American in Paris", nor as historical as Mark Twain's "A Connecticut Yankee in King Arthur's Court," but many US lawyers do find themselves facing legal issues in Canada. US practitioners who deal with Canadian legal matters must take note ...

Intellectual Asset Management Best Practices – Part 1

Mon, 2014/08/25 - 11:00
- By Richard Stobbe Does your organization have “intellectual assets”? Regardless of what your organization does – whether it is a service-based business, or in the manufacturing sector, whether it is driven by cloud-based software or bricks-and-mortar locations, whether it is a multinational or a local start-up – chances are good that ...

Risk Management - a roundtable discussion

Fri, 2014/08/22 - 13:00
Field Law sponsored the Canadian Lawyer magazine's in-house general counsel roundtable, moderated by Jennifer Brown: see this link. The participants - from the University of Calgary and technology-driven companies Pason Systems Corp. and Trican Well Services - discuss how risk management is addressed in their organizations. Calgary - 07:00 MST

Innovation in Canada

Wed, 2014/08/20 - 17:00
By Richard Stobbe A recent survey of the top patent producing corporations in Canada (see this link, courtesy of our colleagues at IPPractice.ca) shows a few interesting trends: Despite its fall from grace over the past 4 or 5 years, BlackBerry remains among the top innovators in the country. The top five patentees ...

A “Right to be Forgotten” in Canada?

Mon, 2014/07/07 - 13:00
By Richard Stobbe A recent EU decision by the Court of Justice of the European Union (CJEU) has generated a lot of press since it involves a high profile company - Google - and a tantalizing concept of a "right to be forgotten". The story stems from the efforts by a ...

Industrial Design as a Competitive Tool

Wed, 2014/07/02 - 18:00
By Richard Stobbe Industrial design law in Canada protects the visual features of shape, configuration, pattern or ornamentation which are applied to a product. Functional elements are not protected. Think of the unique shape of a bottle. The functional elements - such as a handle, a cap or lid - those elements could ...