ArticleThe Transitional Period & Implied Consent Under CASLIf the term "CASL compliance" is giving you a nervous twitch, you’re not alone.CanadaCorporate/Commercial LawField Law
ArticleAre Employees Ever Really "Off The Clock"?Off-duty conduct of employees has been a hot topic in the news recently. In the age of round-the-clock social media, inappropriate employee conduct can have far-reaching effects on an employer's brand and reputation.CanadaEmployment and HRCox & Palmer
ArticleMFDA Issues Bulletin On CybersecurityLast week, the Mutual Fund Dealers Association of Canada issued a Bulletin on Cybersecurity (#0690-C). The purpose of the Bulletin is to enhance Member awareness and understanding of cybersecurity issues and resources.CanadaFinance and BankingBorden Ladner Gervais LLP
ArticleDeadline for Compliance of Medical Device Software in Canada: February 1, 2011The Medical Devices Bureau of Health Canada (the Bureau) expects that all Class I Medical Device software marketed in Canada will be compliant with the Medical Devices Regulations (the Regulations) by February 1, 2011, and all Class II Medical Device software will be compliant by September 1, 2011. CanadaFood, Drugs, Healthcare, Life SciencesTorys
ArticleCanadian Court Rejects The Concept Of Initial Interest ConfusionAs background, search engines, such as Google or Yahoo!, offer a service whereby website operators can pay to have links to their website appear in search results as sponsored links alongside the search engine's organic results.CanadaIntellectual PropertyGowling WLG
ArticleComing Soon: .Bank And .Insurance Domain NamesIn 2008, the Internet Assigned Numbers Authority ("IANA"), the nonprofit organization overseeing global IP address allocation, began the process of creating and auctioning new top-level domains. CanadaIntellectual PropertyMcCarthy Tétrault
ArticleMusic Industry Rocks The Copyright BoatThe music industry is gearing up for a battle with YouTube over licensing as the big three music labels, Universal, Sony and Warner, prepare to renegotiate their contracts with the video-sharing website.CanadaIntellectual PropertyAird & Berlis LLP
ArticlePrimer On Contract Interpretation (Part 1)Intellectual property contracts in Alberta are interpreted just as any contract would be.CanadaIntellectual PropertyField Law
ArticleProtecting Trademarks From Registration On The ".XXX" DomainThe Internet Corporation for Assigned Names and Numbers (ICANN), the international non-profit organization charged with creating policies for use of the internet. CanadaIntellectual PropertyStikeman Elliott LLP
ArticleProviding Permanent Copies Of Works To Consumers By Online Downloading Services Is Not "Communicating" Works To The Public By Telecommunication: Entertainment Software Association v. SOCAN (2012 SCC 34)Consumers can purchase video games by downloading them online. CanadaIntellectual PropertyGowling WLG
ArticleThe Internet Of Things And Canadian Copyright LawMany of you have read about the dispute over copyright ownership of the monkey-selfie, where a primate took a digital photo that went viral.CanadaIntellectual PropertyBennett Jones LLP
ArticleThird Party Submission Of Prior Art In United StatesOn September 16, 2012, the Leahy-Smith America Invents Act (AIA)'s new "Preissuance submission by third parties" provision came into force in the United States.CanadaIntellectual PropertyFasken
ArticleTrademarks And Metatags: An UpdateWhat if a competitor cut and paste the metatags from your website and used them on the competitor's site?CanadaIntellectual PropertyField Law
ArticleUS Court Of Appeals Upholds i4i’s Award And Injunction Against MicrosoftThe United States Court of Appeals for the Federal Circuit released its decision in Microsoft’s appeal against Toronto-based i4i Limited Partnership.CanadaIntellectual PropertyMcCarthy Tétrault
ArticleVoltage Holdings, LLC V Doe #1 And Evidentiary Requirements In Copyright InfringementThe Federal Court of Appeal recently released its decision in Voltage Holdings, LLC v Doe #1, in which the court affirmed the minimum evidentiary requirements to establish direct...CanadaIntellectual PropertyFasken
ArticleEncryption Alert: New Permit for Exports and Technology Transfers to EU Plus Five CountriesOn February 2, 2011, Canada's Export Controls Division (ECD) announced the availability of a new multidestination export permit for the export or transfer of information security goods and technology to the countries of the European Union (except Cyprus) and Australia, Japan, New Zealand, Norway and Switzerland. CanadaInternational LawMcCarthy Tétrault
ArticleCASL Regulations: At LastIndustry Canada released its final regulations to Canada’s anti-spam legislation (CASL) on December 4, 2013.CanadaLitigation, Mediation & ArbitrationHeenan Blaikie LLP
ArticleCassels Brock Litigators Defeat Jurisdictional Challenge In Cyber Libel CaseThe plaintiff has alleged that 18 blog posts written by the defendant contained defamatory statements which have caused damage to the plaintiff's reputation in Ontario, Canada, and elsewhere. CanadaLitigation, Mediation & ArbitrationCassels
ArticleOnline Defamation: Linking And LikingDefamatory content on the internet?? Throw a metaphorical rock into the ether and you'll hit something that meets the definition of defamatory content. CanadaLitigation, Mediation & ArbitrationField Law