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ARTICLE · 19 MAY 2020

Canadian Internet Law Update – 2019

Borden Ladner Gervais LLP
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Live! Holdings, LLC v. Oyen Wiggs Green & Mutala LLP, 2019 FC 1042, involved an application to expunge the Canadian trademark registration for the trademark LIVE! on the basis...

CanadaMedia, Telecoms, IT, Entertainment
Bradley Freedman
Bradley Freedman
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This paper* summarizes selected developments in Canadian Internet law during 2019. Internet law is a vast area that continues to develop rapidly. Reference to current legislation, regulatory policies, guidelines and case law is essential for anyone addressing these issues in practice.

A. Trademarks

1. Internet Use of Trademark

Live! Holdings, LLC v. Oyen Wiggs Green & Mutala LLP, 2019 FC 1042, involved an application to expunge the Canadian trademark registration for the trademark LIVE! on the basis that it had not been used for the services – advertising and marketing services, entertainment services and hotel services – for which it was registered. Live did not have any "bricks and mortar" facilities in Canada. The Registrar of Trade-marks decided to expunge the registration, and Live appealed. Live argued that the LIVE! trademark had been used in Canada because people in Canada were able to access websites bearing the trademark, buy tickets to entertainment

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