snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Tag Archives: internet

Updated: Nova Scotia Passes New Cyber-bullying Legislation

Posted in Defamation, Social Media

On October 5, 2017, the Nova Scotia Legislature introduced Bill No. 27, the Intimate Images and Cyber-protection Act (the “Cyber-protection Act”, or the “Act”).  The Act comes as Nova Scotia’s previous cyber-bullying legislation, the Cyber-safety Act (“CSA”), was struck down in 2015 by the Nova Scotia Supreme Court on constitutional challenge.

UPDATE: The Act has now been passed and has received Royal Assent.  It will come into force at a later date, yet to be determined.

The Cyber-protection Act, like the CSA, is notable for making Nova Scotia the first Canadian province … 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

The Enforcement Begins: Highlights of the CRTC FAQ Updates on CASL

Posted in Anti-Spam

CASL came into effect on July 1, 2014, including the provisions for sending commercial electronic messages (“CEM”) (section 6) and installing computer programs (section 8).   Since July 1, 2014, it is reported that the CRTC has received more than 1,000 complaints.  Hence, awareness of this new law is spreading quickly, and as such so should attempts by organizations to become compliant.

The CRTC FAQs on Canada’s new Anti-Spam Legislation (“CASL”) were updated on July 4, 2014.  We covered the revisions made to the FAQs in May 2014 in a previous blog post.  The updated FAQs … Continue Reading

YouTube, Facebook, Netflix liable to pay for music in Canada rules Copyright Board

Posted in Copyright, Intellectual Property

On Friday, the Copyright Board released a decision and certified two SOCAN tariffs, Tariffs 22.D.1 (Internet – Online Audiovisual Services) and 22.D.2 (Internet – User-Generated Content). The years covered by the tariffs are 2007-2013.

The tariffs were certified based on agreements reached between SOCAN and objectors. Between the objectors and other entities which filed submissions, the heavyweights affected by the tariffs participated including Apple, Yahoo!, YouTube,  Netflix, Facebook, Cineplex, the members of the Canadian Association of Broadcasters (CAB), and the Canadian ISPS Rogers, Bell, and Shaw.

The decision of the Board is important. Its significance extends to both the … Continue Reading

CASL Guidance for Registered Charities

Posted in Anti-Spam

Canada’s Anti-Spam Legislation (“CASL”), which came into force on July 1, 2014, is considered to be the toughest commercial electronic messaging (“CEM”) legislation in the world, with substantial fines for violations (including fines up to $10 million for organizations).

While CASL’s prohibition on sending CEMs (without adhering to prescribed consent, form and unsubscribe requirements) applies to all organizations, the regulations exempt CEMs sent by a registered charity (as defined under Canada’s federal Income Tax Act) where the primary purpose of the CEM is to raise funds for the charity.

Registered charities making efforts to comply … Continue Reading

Interim Injunctive Relief Against Google as a Tool to Enforce Intellectual Property Rights Worldwide

Posted in Intellectual Property

Facts

Following the decision last month in which Google Inc. (“Google”) was ordered by the European Union’s Court of Justice to “forget” certain personal information[1], the Supreme Court of British Columbia (the “Court”) issued an interim injunction on June 13, 2014 against Google to remove certain websites from its worldwide Internet search engines. This interim injunction is part of an underlying action launched by Equustek Solutions Inc., a company that manufactures and sells complex industrial networking devices, (“Plaintiff”) against Datalinks and related companies (“Defendants”).

In the underlying action, the Plaintiff … Continue Reading

You can stay anonymous: SCC recognizes a privacy interest in protecting anonymity on the Internet

Posted in Privacy

On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer[1] (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity in the context of internet usage. In this decision, the SCC decided that a person has a reasonable expectation of privacy associated with Internet activities and that the “lawful authority” exemption in PIPEDA does not create a basis to provide such information to the police unless the police actually demonstrate that … Continue Reading

La pentalogie du droit d’auteur de la Cour suprême

Posted in Intellectual Property

De toute évidence, 2012 constitue une année marquante pour le droit d’auteur. Peu après la sanction royale du projet de loi C-11 sur la modernisation du droit d’auteur en juin 2012, la Cour suprême rend cinq décisions en droit d’auteur se prononçant sur l’octroi de redevances :

Continue Reading

Do Not Track – Recent Developments in the World of Online Behavioural Advertising

Posted in E-Commerce, Privacy

Last week was a big week for “Do Not Track” (DNT) developments:

  1. Google officially joined company with a coalition of big internet players for voluntary controls on Online Behavioural Advertising (OBA). The controls take the form of an industry spanning self-regulatory program, backed by the Digital Advertising Alliance (DAA), that aims to provide a consistent and clear approach to OBA. The Council of Better Business Bureaus (CBBB) and the Direct Marketing Association (DMA) have agreed to monitor participants and enforce compliance.
  2. Google announced that it will add support for DNT to its Chrome browser by the end of the
Continue Reading

Online Brand Protection Strategies – Five Steps to Developing Your Plan

Posted in E-Commerce, Intellectual Property

A company’s brand is a key asset and needs protection both offline and online – so if you haven’t yet embarked on an online brand protection strategy, where do you start?

Your trade-mark, or brand name, is what distinguishes you from your competitors. In effect, trade-marks provide a shortcut to get consumers to where they want to go (as described by Mr Justice Binnie in the Mattel, Inc. v. 3894207 Canada Inc.) And, hopefully that is leading consumers to you, and not to a cybersquatter, pay-per-click site, or to a site that is trying to defraud your customers.

Continue Reading