Intellectual Property
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April 23, 2024
AI, protecting yourself from bad actors | Connie L. Braun and Juliana Saxberg
While it is true that many people believe that laws and regulations are enacted only to limit us, laws and regulations are actually in place to guide us about how to conduct ourselves properly in life and business. Common standards and shared values, consideration of others and responsible behaviour all contribute to a society that functions well. Some people will use tools, intended for good, in harmful ways — ways that disregard laws and regulations. The same applies to the use of AI, with individuals finding ways to impersonate, cheat, manipulate and deceive — anything you can think of to exploit others.
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April 23, 2024
Not a good day for the use of survey evidence in trademark cases
Promotion in Motion, Inc. (PIM), sought to register the trademarks SWISSKISS and SWISSKISS & Design depicted below for the goods “Chocolate of Swiss origin” (Promotion In Motion Inc. v. Hershey Chocolate & Confectionery, LLC 2024 FC 556).
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April 22, 2024
SCC’s spring session features weighty constitutional & admin law appeals but case volume is light
Constitutional and administrative law cases dominate at the Supreme Court of Canada this spring, with the handful of appeals to be heard involving class actions, standard of review, the honour of the Crown and the right to vote.
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April 17, 2024
Appellate court rejects appeal of patent for common ED drug found to be overbroad
The Federal Court of Appeal has dismissed an appeal concerning a patent for a common erectile dysfunction (ED) drug that the Federal Court had found was invalid.
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April 16, 2024
Legal aid funding, auto theft crack down and redistribution of judgeships feature in federal budget
Funding for legal aid to reduce court delays; redistributing “unused” Alberta unified family court posts to other superior courts; and creating new offences and harsher penalties for auto theft are among dozens of justice-related measures proposed in the latest federal budget, which the minority Liberal government says aims to enhance the affordability of shelter, groceries, internet and other necessities for Canadians.
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April 16, 2024
Budget 2024 tax initiatives to play a key role in Ottawa’s effort to boost housing, economy
In a sweeping 2024 budget that targets increased housing, lower living costs, small-business support and greater economic growth, Prime Minister Justin Trudeau’s Liberal government is also taking tax measures to help offset a projected $40 billion deficit for 2023-24 and a rising federal debt estimated to reach $1.37 trillion by 2029.
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April 15, 2024
When is a kiss distinctive? Federal Court rejects experts’ online surveys on KISS and KISSES marks
On April 9, 2024, the Federal Court issued a decision in Promotion in Motion Inc. v. Hershey Chocolate & Confectionery LLC, 2024 FC 556 (PIM v. Hershey), that is likely going to have a significant impact on the admissibility of online survey evidence in trademark cases for years to come, provided it is not overturned on any further appeal (appeal deadline not expired as of the time of writing).
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April 12, 2024
Court denies company’s trademark registration for similarity to Hershey’s Kisses
The Federal Court has dismissed an appeal in a case where a chocolate company was unable to prove that the trademark that it sought to register would not be confused with Hershey’s Kisses, despite its surveys claiming otherwise.
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April 12, 2024
Tyr LLP announces new addition
Nick Morrow joined the litigation team at Tyr LLP, a release from the firm announced.
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April 11, 2024
B.C. introduces legislation on legal profession reform; law society, bar association opposed
The B.C. government has unveiled long-promised legislation to bring lawyers, paralegals and notaries under the umbrella of one regulator. But the provincial law society and bar association have both come out swinging against the proposals, saying they would erode the independence of the legal profession.