snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Author Archives / Lisa Martz

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SCC Holds Disclosure of Private Communications Engages Constitutional Rights

Posted in Privacy

In its Nov. 14, 2014 decision in Wakeling v. United States of America, 2014 SCC 72, the Supreme Court of Canada (SCC) held that s. 8 of the Canadian Charter of Rights and Freedoms (the Charter) (the right to be free from unreasonable search and seizure) applies to the disclosure of communications obtained through a wiretap to police authorities in a foreign jurisdiction.… Continue Reading

Third Party’s Right to Use Official Mark in a Domain Name Upheld: BC Court of Appeal Rejects ICBC’s Claim of Trade-mark Infringement

Posted in Intellectual Property, Trade-marks

Third Party’s Right to Use Official Mark in a Domain Name Upheld: BC Court of Appeal Rejects ICBC’s Claim of Trade-mark Infringement  

On July 22, 2014, the B.C. Court of Appeal dismissed the claim of B.C.’s provincial auto insurer, the Insurance Corporation of British Columbia (ICBC), that a personal injury lawyer’s registration and use of domain names incorporating its official mark “ICBC” violated the Canadian Trade-Marks Act. 

In Insurance Corporation of British Columbia v. Stainton Ventures Ltd., 2014 BCCA 296 the Court held that the domain names <icbcadvice.ca> and <icbcadvice.com> did not infringe ICBC’s rights as internet users will … Continue Reading

“Only Following Orders” No Defence: B.C. Court of Appeal Holds Employees Personally Liable for Their Participation in Breach of Technology License

Posted in Technology License Agreement

In the case of XY, LLC v. Zhu, 2013 BCCA 352¸ the B.C. Court of Appeal has confirmed that employees of a company can be personally liable for the breach of a technology license agreement by their employer. The Court held that employees who continue to carry out low level tasks even after they become aware of their employer’s dishonest conduct may avoid liability; employees  who knowingly assist their employer in carrying out a fraud can be personally liable for the damages caused by the company’s conduct.

The plaintiff XY, LLC was formed to bring to market technology that … Continue Reading

ICANN’s Trademarks Clearinghouse Opens For Business

Posted in Intellectual Property, Trade-marks

With the launch of the Trademarks Clearinghouse, brand owners can now stake their territory In the brave new world of expanded generic top level domain names (“gTLD’s”).  The Internet Corporation for Assigned Names and Numbers (“ICANN”), the non-profit organization that manages and coordinates the system of domain names and IP addresses used on the internet, has put into operation what it calls “the most important rights protection mechanism built into ICANN’s new gTLD program”.

The Trademarks Clearinghouse (“Clearinghouse”), which is operated by Deloitte and IBM, is a centralized database of information submitted by brand … Continue Reading