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Searching Content indexed under Litigation, Mediation & Arbitration by Goldman Sloan Nash & Haber LLP ordered by Published Date Descending.
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1
Quarterly Copyright Blog #6
For those who are interested in recent cases and developments concerning copyright and related matters, there have been several developments since the last entry.
Canada
15 Aug 2019
2
CRA Audits: Employee Interviews Required?
The Canada Revenue Agency ("CRA") audits taxpayers to ensure compliance with the Income Tax Act ("Act"). In completing an audit, the CRA has broad powers to request documents and information;
Canada
2 May 2019
3
Losses That Can't Be Quantified May Be Irreparable Harm
A recent decision of the Ontario Supreme Court of Justice granted an injunction until trial (an interlocutory injunction) in a passing off case.
Canada
15 Feb 2019
4
Key Copyright Decisions In 2018
It has been a very interesting year in the Copyright world with a number of significant decisions being released.
Canada
14 Feb 2019
5
Infringing Use And Distinctiveness
A recent decision of the Federal Court of Appeal provides a useful summary of the law concerning the effect of infringing use on the distinctiveness of a trademark.
Canada
14 Feb 2019
6
The Guarantee Company Of North America v. Royal Bank Of Canada (Aka A-1 Asphalt) – Return (Or Revenge?) Of The Statutory Lien Trust
The Court of Appeal's decision firmly establishes that these trusts can be effective after bankruptcy.
Canada
23 Jan 2019
7
Quarterly Copyright Blog #4
For those who are interested in recent cases and developments relating to copyright and related matters there have been a number of developments since the last entry.
Canada
18 Dec 2018
8
Read Your Contracts: Written Notice Of Dispute
Like it or not, the contract constitutes the law between the parties that contract. It sets out the rights and obligations between the parties.
Canada
12 Dec 2018
9
Extending Construction Lien Rights: It's All In Your Head….
Do you think you are out of time to register a construction lien?
Canada
8 Nov 2018
10
Social Media & Defamation – Be Careful What You Post From Behind A Screen!
Defamation is defined as untrue statements made by an individual that are harmful to someone else's reputation and are shared with a third party.
Canada
23 Oct 2018
11
Changes To The New Home Warranty Program – Part 1: Goodbye Builders Arbitration Forum?!
This article is the first in a new series that will focus on the upcoming changes to Ontario's new home warranty program.
Canada
29 Aug 2018
12
What Effect Do Previous Decisions Of The Trade-Marks Opposition Board Have In Pending Oppositions?
A recent decision of the Court of Justice for the European Union has confirmed that the hearing body in an opposition must take into account the previous decisions relating to the trademarks...
Canada
25 Jul 2018
13
Will An Abused Horse Named Justice Find Justice In Court?
In May, reports began to circulate about a horse from Oregon, U.S, aptly named Justice, that was suing a human for neglect.
Canada
19 Jul 2018
14
Copyright Protection For APIs
Oracle America Inc.'s claims against Google Inc. are back in the news again. At one point it appeared that Google would succeed with its fair use defense. However, Oracle has recently scored a significant victory.
Canada
30 May 2018
15
A Recent Decision Of The U.K. Court Of Appeal Deals With Targeting And The Internet
The decision provides a review of what should be considered in determining when a court has jurisdiction concerning trademark related claims on the Internet.
UK
23 Mar 2018
16
Scandalous, Obscene, Or Immoral Trademarks Revisited
In September we discussed the potential registration of trademarks categorized as "scandalous, obscene or immoral" marks.
Canada
26 Jan 2018
17
Helping To Ensure The Admissibility Of Survey Evidence
A recent decision of the Federal Court of Canada illustrates there are tactical advantages to combining claims for infringement and passing off to make it more difficult to attack the admissibly of survey evidence.
Canada
26 Jan 2018
18
The Impact Of Freedom Of Expression In Granting An Interlocutory Injunction
A recent decision of the British Columbia Court of Appeal considered the grant of an interlocutory injunction to restrain the publication of a Documentary critical of the plaintiff.
Canada
29 Nov 2017
19
When Does The Doctrine Of Functionality Apply?
A recent decision of the Federal Court relating to a claim of trademark infringement considered a defence based on alleged functionality of the trademarks in issue.
Canada
28 Sep 2017
20
Gripe Site Found To Infringe
A recent decision of the Federal Court relates to the operation of a gripe site directed at United Airlines, Inc.
Canada
27 Jul 2017
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