Articles 2023

Aujourdʼhui
Aujourdʼhui

Get to Know Your Execs in Five Minutes (or less) – Part III

  • 02 mai 2023
  • Anastassia Trifonova

In this ongoing series, we will profile each of the members of the OBA IP/ IT Law Section Executive to learn about them in five minutes or less. It’s five minutes or less because we know that a lot of you docket in six-minute increments!

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Recyclability to Patentability: The Coca-Cola Company v. Canada (AG), 2023 FC 424

  • 02 mai 2023
  • Jose Garcia-Bonilla

In The Coca-Cola Company v. The Attorney General of Canada, 2023 FC 424, the Coca-Cola Company appealed a decision of the Commissioner of Patents refusing to grant a patent on Canadian Patent No. 2,718,279 on the basis that the claims in the Application were obvious. The Federal Court allowed the appeal in part. It held that the Commissioner erred in its obviousness assessment of one of TCCC’s claims and referred the matter back for redetermination.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Specialist or Generalist Judges in IP: Is the Jury Still Out?

  • 02 mai 2023
  • Andrew Shaughnessy, Torys LLP

On March 2, 2023, the Federal Court announced a pilot program to create 'Chambers' of judges in the areas of: 1) IP/Competition; 2) maritime and admiralty; and 3) class actions. The notice indicated that the Chief Justice will assign IP, competition, and maritime and admiralty matters to members of the Court who have expertise in those areas, with the stated objective of developing expertise within those silos in the Court.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

ChatGPT: The Hottest Toy of 2023

  • 02 mai 2023
  • Jennifer R Davidson, partner, Deeth Williams Wall LLP, and Sharan Johal, articling student, Deeth Williams Wall LLP

ChatGPT, developed by Microsoft-backed research lab OpenAI, has occupied the artificial intelligence news stream since its initial launch in December 2022. ChatGPT is a natural language processing generative AI tool that, depending on the model a user can access, can generate text-to-text, or image-to-text, output in a formula which mimics human conversation. The first publicly available tool of its kind, ChatGPT has become one of the fastest-growing consumer applications of all time.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Don’t Touch That Dial—a cautionary note to patentees

  • 04 mars 2023
  • Andrew Shaughnessy, Torys LLP

In Rovi Guides, Inc. v. Bell Canada, 2022 FC 1388, Justice Lafrenière adjudicated a trial involving the infringement and invalidity of four patents relating to interactive television programming guides—the kind of technological features that many of us rely on to enhance our television viewing. However, this decision may have dramatic effects on the prosecution of patents before the patent office.

Student Forum, Droit des fiducies et des successions

Marketing in the Metaverse Facing Regulatory Limbo

  • 25 février 2023
  • Daniel Daniele, Norton Rose Fulbright Canada

The metaverse is an elusive concept, but can be broadly described as a rapidly growing extension of the tendrils of the internet, redefining what constitutes social media. As an ever growing and immersive network of technologies, the metaverse attempts to close the gap between society and the media which serves as its vehicle. As it exists now, the metaverse is a multi-platform virtual ecosystem with an integrated economy that evolves and grows in real time.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Puma’s “procat” Likely to be Confusing with Caterpillar’s CAT & Triangle Design

  • 25 février 2023
  • Jose Garcia-Bonilla

In Puma SE v. Caterpillar Inc., 2023 FCA 4, the Federal Court of Appeal (“FCA”) declined to set aside the Federal Court’s decision to refuse Puma SE’s (“Puma”) application to register its trademark “procat”. The FCA held that Puma failed to demonstrate any palpable or overriding error in the Federal Court’s analysis that “procat” would be confusing with Caterpillar Inc.’s (“Caterpillar”) CAT & Triangle Design Mark (the “Design Mark”) for use in association with athletic footwear and headgear.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Drawing the Line: Thom Browne Prevails in Parallel Stripe Case against Adidas

  • 25 février 2023
  • Alessia Monastero, associate and trademark agent at Bhole IP Law

On January 13, 2023, a final judgment was issued by the U.S. District Court for the Southern District of New York in adidas America, Inc., et. al., v. Thom Browne, Inc., 1:21-cv-05615. The defendant, Thom Browne Inc. (Thom Browne), was found not liable for trademark infringement and trademark dilution as brought by the plaintiffs, adidas America Inc. and adidas AG (Adidas). Adidas has since filed a notice of appeal.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle
photo of authors Sally Yoon and Imtiaz Karamat

Legal Tug-of-War: Protecting Privilege in Privacy Breach Disputes

  • 25 février 2023
  • Sally Yoon, student, Osgoode Hall Law School; M. Imtiaz Karamat, associate, Deeth Williams Wall LLP

Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations - and for good reason. The 2022 Canadian Internet Registry Authority (CIRA) Cybersecurity Survey found that the number of breaches involving customer and employee information nearly doubled after the pandemic, and more businesses are reporting loss of customers from cyberattacks.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle

Five Tips for Working with Self-Represented Litigants in IP Matters

  • 25 février 2023
  • Kaitlin Soye

For a variety of reasons, litigants in Federal Court may choose to proceed with their action without legal representation. While it may be more common in provincial courts, self-representative litigants are involved in proceedings in Federal Courts, including intellectual property matters. Self-represented litigants and non-lawyer representatives may pose a challenge for lawyers and their clients, as well as the judicial system in general.

Student Forum, Technologies de l'information et le droit de la propriété intellectuelle