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Searching Content indexed under Trials & Appeals & Compensation by Richard Stobbe ordered by Published Date Descending.
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1
Defamation with the Click of a Mouse: Assessing Damages
In the midst of a challenging period for a condominium owners association in a property located in Costa Rica, the president of the association resigned in frustration.
Canada
2 May 2017
2
The Advisor: Best Practices For Display Of A Trademark On Software
Xylem Water Solutions Manufacturing Alberta ("Xylem") was the owner of the registered Canadian trademark AQUAVIEW in association with software for water treatment plants and pump stations.
Canada
12 Apr 2017
3
Google v. The Court: Free Speech And IP Rights (Part 2)
The Supreme Court of Canada (SCC) will render its judgment in writing, and the current expectation is that it will clarify the limits of extraterritoriality, and the unique issues of protected expression in the context of IP rights and search engines.
Canada
15 Dec 2016
4
A Binding "Clickwrap Agreement" From Paper?
Consumers and businesses routinely enter into binding contracts by means of both paper agreements and online "click-through" agreements.
Canada
14 Jul 2016
5
Trademark Series: Confusion (Part 2)
So much confusion, so little time. The Trade-marks Act teaches us that the use of one trade-mark causes confusion with another trade-mark if the use of both trade-marks in the same area would likely lead to the inference that the products associated with those trade-marks emanate from the same person.
Canada
27 Apr 2016
6
Trademark Series: Deviations!
The adage "use it or lose it" captures the essence of the ongoing requirement to put a trademark into commercial use.
Canada
13 Apr 2016
7
Copyright Act Confers No Rights Upon Animals
Naruto the monkey must abandon his budding photography career and go back to using his opposable thumbs towards some other end.
Canada
16 Feb 2016
8
What Does It Mean To Circumvent A "Technological Protection Measure"?
Copyright attempts to balance the rights of authors with the rights of users. It's this tension - copyrights vs. user rights - that makes copyright so fascinating (…to some people).
Canada
9 Feb 2016
9
Artist Sues Starbucks Claiming Copyright Infringement
New York artist Maya Hayuk was approached by an advertising agency working for Starbucks, to see if she would assist them with a proposed advertising campaign.
Canada
26 Jan 2016
10
Google Appeals Equustek To SCC
The Google and Equustek Saga has garnered attention across Canada and even among US commentators (something rare for Canadian decisions).
Canada
20 Jan 2016
11
Trademarks And Metatags: An Update
What if a competitor cut and paste the metatags from your website and used them on the competitor's site?
Canada
15 Jan 2016
12
No Copyright Or Trademark Protection For Metatags
The court reviewed the facts and past metatag decisions and decided that, on balance, the metatags that were copied did not qualify for copyright protection.
Canada
10 Dec 2015
13
CBC V. SODRAC: Supreme Court On Canadian Copyright
The CBC, like all television broadcasters, makes copies of various works - such as music and other content - in the course of preparing programs for broadcast.
Canada
10 Dec 2015
14
Infringing Sales Through Amazon
A U.S. court recently decided that it would take jurisdiction over a seller who sold allegedly infringing products through online retailers such as Amazon.com.
Canada
6 Dec 2015
15
Online Defamation: Linking And Liking
Defamatory content on the internet?? Throw a metaphorical rock into the ether and you'll hit something that meets the definition of defamatory content.
Canada
1 Dec 2015
16
Patent Update: Infringement And "Non-Infringing Alternatives"
If you are a patent owner, you are entitled to damages if someone infringes your patent.
Canada
18 Sep 2015
17
Is The Mark Used As A Trademark Or A Trade Name?
Apple Inc. sells Apple-branded computers. Is Apple a trademark or a trade name? And what's the difference anyway? And perhaps most importantly, why should you even care?
Canada
11 Sep 2015
18
Competing After Employment (Part 2)
A few weeks ago, Jawbone, a fitness tracking hardware and software maker, sued its arch-rival Fitbit, alleging that Fitbit lured its employees away to obtain access Jawbone's confidential information and product plans.
Canada
9 Jun 2015
19
Employee Ownership Of Patentable Inventions
A startup in the oil-and-gas service sector sought to improve downhole well stimulation technology. After a few years, differences between the three founders culminated in the ouster of Mr. Groves.
Canada
4 Jun 2015
20
What, Exactly, Does Industrial Design Protect?
What, exactly, does industrial design protect? The recent decision Zero Spill Systems Inc. v. Heide, 2015 FCA 115, reviewed this question.
Canada
27 May 2015
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