Searching Content indexed under Media, Telecoms, IT, Entertainment by Smart & Biggar ordered by Published Date Descending.
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#InfluencerMarketing: What Advertisers Need To Know About Disclosure
The past decade has seen incredible growth in social media as a primary means by which information and entertainment is consumed.
9 Apr 2019
Anti-Dilution Remedy Is Not Limited To Registered Trademarks: The Bunny Keeps Going… And Going… And Going
Section 22 of the Canadian Trademarks Act, depreciation of a registered trademark's goodwill, is a potentially powerful yet generally under-utilized weapon for dealing with damaging comparative
16 Nov 2018
Health Canada Publishes Guidance Documents That Address Reporting Of Adverse Reactions
Health Canada recently published two guidance documents, effective May 23, 2018, that address the reporting of adverse reactions to marketed health products (excluding blood and blood components and cells, tissues and organs).
3 Jul 2018
Federal Court Of Appeal Approves Website Seizure And Anton Piller Order Against Online Copyright Piracy Platform
On February 20, 2018, the Federal Court of Appeal issued its judgment in Bell Canada v Lackman (2018 FCA 42), declaring that an interim injunction authorising the shutdown and seizure of piracy websites ...
27 Feb 2018
Danger In The Korean Peninsula: Ambush Marketing And The Olympic Games
For a few weeks every two years, the Summer and Winter Olympic Games offer brand owners and advertisers the opportunity to reach billions of people in hundreds of countries.
7 Feb 2018
Down, But Not Out – Initial Adverse Decision Not A Bar To Future Recovery Of .Ca Domain Name
A pair of recent decisions under the Canadian Internet Registration Authority ("CIRA") Domain Name Dispute Resolution Policy ("CDRP") demonstrate that a trademark owner who fails to obtain a domain name transfer at a first panel hearing may nonetheless achieve a favourable outcome upon a second panel hearing.
27 Jul 2017
Supreme Court Of Canada States "The Internet Has No Borders" In Upholding Global Injunction In Search Results Case
The Supreme Court of Canada issued its decision in Google v. Equustek, today, upholding an injunction requiring a non-party to an infringement action, Google, to remove links to infringing websites...
4 Jul 2017
Federal Court Of Appeal Upholds Interlocutory Injunction Directed At Retailers Of Set-Top Boxes Loaded With Copyright-Infringing Applications
As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or "pre-loaded", with various applications that provide their users with unauthorized access to copyrighted television content.
21 Mar 2017
Keyword Advertising Decision Reversed On Appeal
In August 2015 we reported on the decision of the British Columbia Supreme Court ("BCSC") in Vancouver Community College v Vancouver Career College (Burnaby) Inc, 2015 BCSC 1470.
31 Jan 2017
Online Copyright Enforcement Gone Wrong – How To Get it Right
An elderly grandmother. A first-person shooter video game. The two typically have very little in common. Yet both were recently in the headlines of the national news. The story involved an email sent pursuant to Canada's "Notice and Notice" copyright legislation, accusing the senior citizen of piracy and demanding that she pay an undisclosed settlement or risk a fine of up to $5,000.
22 Dec 2016
Quebec Announces Coming Into Force Of Amendments To Regulations Regarding Public Display Of Non-French Trademarks
The Quebec Minister of Culture and Communications has announced that proposed amendments to the regulations under the Charter of the French Language will come into force on November 24, 2016.
17 Nov 2016
Domain Name Solicitation Fraud – Brand Owners Beware
It is a modern reality that with brand ownership comes the risk of trademark and domain name fraud.
4 Aug 2016
Playing by the Rules – Ambush Marketing and the Olympic Games
The Olympic Games represent one of the biggest opportunities for a company to increase exposure of its brands to consumers on a global scale over a concentrated period of time.
6 Jul 2016
Google's Appeal Of Worldwide Injunction To Be Heard By Supreme Court Of Canada
The Supreme Court of Canada has agreed to hear Google's appeal of a worldwide injunction forcing it to block certain infringing websites from its search results.
22 Feb 2016
Customers Of Wireless Communications Provider Telus To Receive Rebates As Part Of Competition Bureau Agreement
On December 30th, 2015, the Canadian Competition Bureau, which is responsible for administration and enforcement of the Competition Act, announced that Telus Communications Inc., one of Canada's "Big Three" wireless carriers, had entered into a consent agreement with the Competition Bureau for alleged misleading advertising in relation to "premium text messaging services".
11 Feb 2016
Federal Court Of Appeal Upholds But Limits Scope Of Leading Decision On Metatags
In the recent decision of Red Label Vacations Inc v 411 Travel Buys Limited, the Federal Court of Appeal appears to have made a distinct effort to limit the scope of the trial judge's ruling that copying of metatags, including third party trademarks, did not constitute copyright or trademark infringement.
18 Jan 2016
Three Reasons For Non-Canadian Companies To Register .ca Domain Names Now
With over 2.3 million .ca domain registrations, .ca is the world's eighth-fastest growing domain extension (CIRA). The .ca domain represents an important tool for companies operating in the Canadian marketplace.
30 Nov 2015
When Are "gluten-free" Claims Allowed In Canada?
In recent years, there has been a sudden increase in the popularity of a "gluten-free" diet. Since then, the trend has grown steadily and food products are increasingly being advertised and labelled as "gluten-free".
29 Oct 2015
Canadian Court Finds That Keyword Advertising Does Not Constitute Passing Off
The recent decision of the Supreme Court of British Columbia in Vancouver Community College v Vancouver Career College (Burnaby) Inc, 2015 BCSC 1470, addresses an interesting trademark issue in the context of online advertising.
26 Aug 2015
The Competition Bureau Takes Action Pursuant To Canada's Anti-Spam Legislation Amendments To The Competition Act
The Competition Bureau filed a Notice of Application with the Competition Tribunal, alleging deceptive marketing practices by two of Canada's largest rental car companies, Aviscar and Budgetcar, and their related parent companies in March of 2015.
17 Jul 2015
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