Field Law

2000, 10235 - 101 Street NW
Edmonton, AB T5J 3G1 , Canada

  • 780-423-3003
  • 780-428-9329

Ownership of Photograph by Employee

While our last post dealt with the creation of photographs and other works of authorship by primates, robots and divine beings, this story is a little more grounded in facts that you might see in the average work…more
| Communications & Media Law, Intellectual Property

Monkey See, Monkey Do… However Monkey Does Not Enjoy Copyright Protection

I know this story crested a few weeks ago, but who can resist it? A famous 1998 Molson Canadian ad posed a Canadian version of the infinite monkey theorem. The cheeky ad, showing a seemingly endless array of monkeys on…more
| Intellectual Property

Confidentiality & Sealing Orders in Software Disputes

Two software companies wanted to integrate their software products. The relationship soured and one of the parties - McHenry - purported to terminate the Software Licensing and Development Agreement and then launched a lawsuit…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Electronic Discovery, Intellectual Property, Science, Computers, & Technology

Ready, Set, Charge!

Professional discipline allegations are more art than science. Regulatory statutes usually provide little or no guidance for writing them. But whether you call them allegations, charges, citations, complaints or something else,…more
| Administrative Law, Civil Procedure

When Milk is Not Milk: Dairy Farmers of Canada v. Cytosport, Inc.

You can’t get a trade-mark registration for a word that will deceive consumers. Put into legalese, section 12 of the Canadian Trade-marks Act says a trade-mark is not registrable if it is either “clearly descriptive or…more
| Agriculture, Intellectual Property

Online Terms - What Works, What Doesn’t

The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In…more
| Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology

Copyright Litigation and the Risk of Double Costs

An American photojournalist, Ms. Leuthold, was on the scene in New York City on September 11, 2001. She licensed a number of still photographs to the CBC for use in a documentary about the 9/11 attacks. The photos were included…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

Court Orders Google to Remove Site from Worldwide Search Results

In a recent decision by the British Columbia courts (Equustek Solutions Inc. v Jack , 2014 BCSC 1063), Google has been ordered to de-index a website selling goods that were the subject of intellectual property (IP) infringement…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Privacy, Intellectual Property

An American Attorney in Canada (Part 2: Anti-Spam)

If you are an American attorney with US clients doing business in Canada, then you should be aware of a few things, like our lack of imaginative legislative acronyms, such as the CAN-SPAM Act (from Controlling the Assault of…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Supreme Court of Canada on Internet Privacy

The Supreme Court puts it mildly in its opening line: “The Internet raises a host of new and challenging questions about privacy.” One of those questions is whether an IP address can be considered personal information. An…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

The Transitional Period & Implied Consent Under CASL

If the term “CASL compliance” is giving you a nervous twitch, you’re not alone. Many small and medium-sized businesses in Canada are scrambling to prepare for Canada’s Anti-Spam Law (CASL), whose official title says it all -…more
| Commercial Law & Contracts, Communications & Media Law, Privacy, International Law & Trade, Science, Computers, & Technology

An American Attorney in Canada (Part 1: Copyright)

Okay, so maybe it’s neither as romantic as Gershwin’s “An American in Paris“, nor as historical as Mark Twain’s “A Connecticut Yankee in King Arthur’s Court,” but many US lawyers do find themselves facing legal issues in Canada…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Intellectual Asset Management Best Practices – Part 1

Does your organization have “intellectual assets”? Regardless of what your organization does – whether it is a service-based business, or in the manufacturing sector, whether it is driven by cloud-based software or…more
| Commercial Law & Contracts, Intellectual Property

Innovation in Canada

A recent survey of the top patent producing corporations in Canada shows a few interesting trends: - Despite its fall from grace over the past 4 or 5 years, BlackBerry remains among the top innovators in the country…more
| Intellectual Property, Science, Computers, & Technology

A “Right to be Forgotten” in Canada?

A recent EU decision by the Court of Justice of the European Union (CJEU) has generated a lot of press since it involves a high profile company - Google - and a tantalizing concept of a “right to be forgotten”. The story stems…more
| Communications & Media Law, Constitutional Law, Privacy, Science, Computers, & Technology
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Areas of Practice
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100+ Attorneys

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