Searching Content indexed under IT and Internet by Smart & Biggar ordered by Published Date Descending.
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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
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
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
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
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
Competition Bureau Introduces The Deceptive Marketing Practices Digest
On June 10, 2015, the Canadian Competition Bureau launched its new Deceptive Marketing Practices Digest on a pilot basis.
26 Jun 2015
Beware Of Increasing Use Of Confusing Domain Names For Brand Impersonation And Fraud
The recent .CA domain name arbitration decision in Fluor Corporation v Fluor Curling, CDRP Dispute No. 0281, highlights the growing problem of confusing domain names being registered and used to send e-mails impersonating businesses.
9 Jun 2015
Canada’s Anti-Spam Legislation: New Rules For Software Installation
A second significant portion of Canada's Anti-Spam Legislation ("CASL"), which is designed to combat the distribution of malware, is now in effect.
17 Mar 2015
Recent .CA Domain Name Decision Illustrates Useful Tool For Demonstrating Bad Faith
The recent CDRP decision Optrex Limited v Nameshield Inc. c/o Daniel Mullen provides a useful reminder that .CA domain names registered in bad faith are subject to transfer by way of a process similar to a UDRP proceeding.
23 Jan 2015
Le gTLD géographique .quebec bientôt disponible au grand public
Le nouveau nom de domaine générique de premier niveau (gTLD) du Québec, .quebec, devrait être disponible au grand public à partir du 18 novembre 2014.
13 Nov 2014
.quebec Geographic gTLD Ready for Public Launch
Quebec's new generic top level domain (gTLD) —.quebec — is scheduled for general availability November 18, 2014. The .quebec domain will be of interest to any brand owners conducting business in La belle province.
10 Nov 2014
Display Of A Trade-Mark On A Non-Canadian Website May Be Use Of The Trade-Mark In Canada
A fundamental principle of Canadian trade-mark law is that a trade-mark must be used in order for rights to be secured and maintained.
13 Aug 2013
Copyright Modernization Act Receives Royal Assent
Over 10 years after the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty came into force, and after three failed attempts by Canadian governments to amend the Copyright Act in order to comply with the treaties, the Government of Canada has finally passed the Copyright Modernization Act ("the Act").
5 Jul 2012
ICANN Reveals New gTLD Applications
Today, ICANN announced the list of applied-for new generic top level domain names ("gTLDs").
14 Jun 2012
Supreme Court Of Canada Rules That A Hyperlink Is Not "Publication" Of The Content To Which It Refers
In a much anticipated decision relating to the scope of free expression on the Internet, the Supreme Court of Canada in Wayne Crookes, et al. v. Jon Newton, 2011 SCC 47, held that "a hyperlink, by itself, should never be seen as 'publication' of the content to which it refers."
25 Nov 2011
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