Articles 2021

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Photo of authors Jennifer Davidson and Steffi Tran

Who Are You? Understanding Digital Identity: A Primer for Legal Professionals

  • May 11, 2022
  • Jennifer Davidson and Steffi Tran, Deeth Williams Wall LLP

Digital identification (“Digital ID”) is evolving the way we verify ourselves in the online world. Following other jurisdictions, Canada is currently adopting its own Digital ID strategy, with provinces like Ontario working on policies in the space. However, Digital ID may be accompanied by novel challenges that legal professionals will have to address in future practice. This article serves as a primer for legal professionals to learn more about Ontario’s Digital ID initiative.

Student Forum, Information Technology and Intellectual Property Law
Head-shot photo of author Alessia Monastero

Cult Gaia Refused US Trademark Registration of its “Gaia’s Ark” Handbag Design, due to Genericness and Non-distinctiveness Issues

  • May 07, 2022
  • Alessia Monastero, associate & trademark agent, Bhole IP Law

Dubbed as the Instagram “it” bag in 2016, Cult Gaia’s “Ark” bag design was recently refused trademark registration in the United States following the brand’s five-year battle to obtain registration for the design of its bag.

Student Forum, Information Technology and Intellectual Property Law
head-shot photo of author Kaitlin Soye

Digging into the 2022 Federal Budget: Intellectual Property Issues

  • May 07, 2022
  • Kaitlin Soye, Lenczner Slaght LLP

The 2022 Federal Budget was recently tabled in Ottawa on April 7, 2022. The budget focuses on a diverse range of initiatives, including several intellectual property related matters. Among the given topics, the budget looks at tax incentives to encourage innovation in Canadian businesses and legislative amendments to both the Copyright Act and the College of Patent Agents and Trademark Agents Act.

Student Forum, Information Technology and Intellectual Property Law
Headshot photo of author Pankhuri Malik,

Insights from the Global Online Thesis Topic Meetings (GOTTMs), Leiden University

  • May 07, 2022
  • Pankhuri Malik, LLM student at Osgoode Hall School of Law and IPilogue writer

Non-fungible tokens (NFTs) continue to be a major topic in the current technology law landscape. Even today, there is continued debate on how best to utilize NFTs to achieve the most benefit for oneself. This discussion has continued with experts, Richard Lehv, Alexandra Giannopoulou, and Andres Guadamuz, who spoke about the different aspects of NFTs at their presentations for the Global Online Thesis Topic Meetings (“GOTTMs”) on April 5, 2022.

Student Forum, Information Technology and Intellectual Property Law

Brave New (Meta) World: Nike files virtual trademarks: implications for Canadian trademark law

  • May 07, 2022
  • Wendes Keung, associate, Torys LLP; Andrew M. Shaughnessy, partner, Torys LLP

On the heels of Mark Zuckerberg announcing the rebranding of Facebook to “Meta”, along with his plans for creating a virtual reality metaverse, Nike garnered significant media attention when it was reported that it filed seven trademark applications for use on “virtual goods”. These filings include the notable Nike “swoosh” logo and the words “Nike”, “Just Do It”, “Jordan”, and “Air Jordan”.

Student Forum, Information Technology and Intellectual Property Law

Could AI Be Held Liable for Moral Rights Infringement?

  • May 07, 2022
  • Maggie Vourakes

The rapid development of artificial intelligence on intellectual property policy is an issue that more countries around their world are turning their focus towards. Canada is no exception. In 2021, the Government of Canada launched a Consultation on Modern Copyright Framework for Artificial Intelligence and the Internet of Things to assess whether Canada’s existing copyright framework is keeping pace with the rapid developments in artificial intelligence and the Internet of Things.

Student Forum, Information Technology and Intellectual Property Law
Head shot photo of author Avery Lee

The First Trademark Application for a Hologram Filed in Canada by a Trademark Agent

  • April 14, 2022
  • Avery Lee, Keyser Mason Ball, LLP

Avery Lee is a talented young IP lawyer and the very first Trademark Agent to file a trademark application for a hologram in Canada. While he recognizes that his hologram is not as impressive as the larger scale holograms displayed by projectors or viewed with special glasses, he hopes that his trademark application can serve as a building block for other applicants and Trademark Agents.

Student Forum, Information Technology and Intellectual Property Law, Young Lawyers' Division
Hackers Aren’t Only in Movies?! The Rise of Ransomware Incidents in Canada and What Canadians Can Do About It

Hackers Aren’t Only in Movies?! The Rise of Ransomware Incidents in Canada and What Canadians Can Do About It

  • February 27, 2022
  • Emily Xiang, student, Osgoode Hall Law School; M. Imtiaz Karamat, associate, Deeth Williams Wall LLP

Ransomware incidents are becoming a daily reality of doing business in Canada and around the world. With this threat seeing a recent rise in frequency and severity, it is prudent for organizations to put in place the proper measures to safeguard themselves against future attacks.

Student Forum, Information Technology and Intellectual Property Law

The Law Society of Ontario Coming to Play in the Regulatory Sandbox

  • February 27, 2022
  • Abby Benattar and Kristen Robertson, WeirFoulds LLP

Legal services are out of reach for many Canadians. Research shows that Canadians do not seek advice for more than 80% of their legal issues. With the ever-present intersection between technology and legal services, and the goal of improving access to justice, the Law Society of Ontario has joined legal regulators both throughout Canada and abroad in adopting its own “regulatory sandbox”.

Student Forum, Information Technology and Intellectual Property Law

Designer Hayley Paige’s Battle with JLM Couture: Who owns @misshayleypaige?

  • February 27, 2022
  • Stephanie Carbone, Keslassy Freedman Gelfand LLP

Bridal designer Hayley Paige Gutman, known for her opulent gowns and booming social media presence, has been in an intense legal battle for the past two years with her former employer JLM Couture, Inc. On January 25, 2022, the United States Court of Appeals for the Second Circuit released its decision with respect to the most recent appeal from the designer.

Student Forum, Information Technology and Intellectual Property Law