Field Law

Patent Infringement Lawsuits Against Software End-Users

Are you a Canadian software vendor with customers in the USA? Let’s say your US end-user customer is sued for patent infringement in the US based on use of your software, but the lawsuit avoids naming your company. In other…more

| Civil Procedure, Intellectual Property, International Law & Trade,...

Unilateral Changes to Online Terms: do they work?

Consumers wonder what exactly has changed when they are confronted with a new set of online terms, in a cloud-based service, website terms or software license. We reviewed this issue in an earlier post, which looked at changes…more

| Commercial Law & Contracts, Communications & Media Law

Ok… so BlackBerry Can Patent a Keyboard!

As a follow-up to our earlier post (Can BlackBerry Patent a Keyboard?), a US court on Friday issued a preliminary injunction in a dispute between the BlackBerry maker and start-up Typo Products LLC which sells a snap-on keyboard…more

| Civil Remedies, Intellectual Property, Science, Computers, & Technology

Reasonable Notice and the Older Worker

There was once an expectation that workers would retire by age 65. That expectation is changing. For a variety of reasons, many workers now want or expect to work later in life. As it can no longer be assumed that employees…more

| Civil Remedies, Civil Rights, Labor & Employment Law

Trade-mark Confusion: Is One Letter Enough of a Difference?

BIG BITE vs. BIT BITE. These two marks were assessed in the recent case of 7-Eleven, Inc v BitBite Foods Inc. , 2014 TMOB 16 (CanLII), for snack food products. BitBite Foods filed an application to register the BIT BITE…more

| Civil Procedure, Intellectual Property

International Breach of Copyright

Copyright in Canada is a function of the Copyright Act - without that law, there would be no copyright. How does Canadian copyright law interact with the copyright law in other countries? In Active Operations Management…more

| Commercial Law & Contracts, Business Torts, Intellectual Property,...

Trader Joe’s vs. Pirate Joe’s Update

The very popular US grocery retailer Trader Joe’s has a following among Canadian consumers. Capitalizing on this popularity north of the border, a Vancouver entrepreneur has made it his business to buy genuine Trader…more

| Civil Procedure, Communications & Media Law, Intellectual Property,...

Incoming Anti-Spam Software Regulations

Most Canadian businesses will have heard of the incoming Canadian Anti-Spam Law (referred to as CASL, which joins the Canadian pantheon of legislative acronyms like PIPEDA and PIPA). The consent requirements for sending…more

| Consumer Protection, Science, Computers, & Technology

The Advisor, Winter 2014 - Franchise Law Series: Part One

A “Pet Valu” franchisee in Ontario claimed that sales were declining, so the owner tried to escape her franchise agreement. After termination of the agreement, her husband established a competing “Pet Stuff” business nearby…more

| Commercial Law & Contracts, Franchise Law

Important Changes to the Foreign Worker Program

Employers seeking to employ foreign workers must often obtain a positive labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC) before a foreign worker will receive a work permit. If you are an…more

| Labor & Employment Law, Immigration Law

Deceit in a Licensing Agreement

Where a technology license carries with it an obligation to pay royalties based on revenues, how does the licensor determine if the revenues are accurately reported? The sales are known to the licensee, but the licensor has no…more

| Commercial Law & Contracts, Business Torts, Intellectual Property,...

The Legal Perils of 3D Printing

3D printing refers to the techniques also known as “additive manufacturing”. This process uses a digital model to create a three-dimensional object by adding successive layers of materials in the shape of the object…more

| Intellectual Property, Science, Computers, & Technology

New Weapons to Combat Counterfeit Products

Brand owners face the ever growing problem of counterfeit products imported into and sold in Canada. Compared to the “real thing”, counterfeit products are often inferior in quality and may even pose a potential health or safety…more

| Intellectual Property, International Law & Trade

Canadian Update on International IP Treaties

Earlier this week, the government introduced an unprecedented five international intellectual property treaties in the House of Commons on the same day. The five tabled treaties, introduced for ratification and implementation,…more

| Intellectual Property, International Law & Trade

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