Articles

About Articles The following articles are published by the Information Technology and Intellectual Property Law Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Stephanie Carbone and Summer Lewis

Today
Today
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

Federal Court Considers New Patent Agent Privilege

  • February 27, 2022
  • Rebecca Kupfer and Paul Lomic, Lomic Law

In November of 2021, the Federal Court was tasked with further defining the scope of patent agent privilege. While amendments to the Patent Act pertaining to patent agent privilege came into force in 2016, the interpretation of this section was only recently discussed by the court in Case Management Judge Trent Horne’s decision in Janssen Inc et al v Sandoz Canada Inc, 2021 FC 1265.

Student Forum, Information Technology and Intellectual Property Law

Branding in the Metaverse - How Soon is Now?

  • February 27, 2022
  • Anastassia Trifonova

The term the “Metaverse” has recently gained a lot of traction among businesses, with several companies seizing the opportunity to expand their brand in the virtual space. This has included the filing of trademark applications in association with various virtual goods and services. The application of trademark rights to the Metaverse is largely unknown territory, making this an exciting area with the potential for a significant impact on IP law and businesses around the globe.

Student Forum, Information Technology and Intellectual Property Law
Rallysport “Races” Toward the Finish Line…

Rallysport “Races” Toward the Finish Line…

  • February 27, 2022
  • Amrita V. Singh, Marks & Clerk Law LLP

For the past few years, the copyright infringement saga involving Rallysport Direct LLC (Rallysport) and its former wholesaler has made its way through the courts. The Federal Court found that there was copyright infringement and awarded Rallysport both statutory and punitive damages. The wholesaler recently appealed this finding, but, the appeal was dismissed by the Federal Court of Appeal. The question remains: is this the end or another step on the way to the Supreme Court of Canada?

Student Forum, Information Technology and Intellectual Property Law
Ontario Centre of Innovation

Ontario Centre of Innovation

  • February 27, 2022
  • Andrew Shaughnessy, Torys LLP

The Ontario Centre of Innovation (OCI) has been a strong presence in Ontario’s entrepreneurial space for the last few decades. During this time, it has continued its objective to sponsor research and commercialization between industry and academia to exploit made-in-Ontario technologies. This work has led to several Ontario success stories and increased recognition for the importance of intellectual property to the economic growth of the Province.

Student Forum, Information Technology and Intellectual Property Law
Copyrighted NFTs: Beware that they don’t become ‘Not-Fun Tokens’

Copyrighted NFTs: Beware that they don’t become ‘Not-Fun Tokens’

  • November 24, 2021
  • Daniel Daniele and Bryant Oakes, Norton Rose Fulbright Canada LLP

The market for Non-Fungible Tokens (NFTs) has exploded over the last year. Although this is an exciting new area for business, it is riddled with potential legal issues that must be properly understood by those who wish to operate in the marketplace. One of these issues pertains to the application of copyright laws to NFTs. Depending on the copyright ownership structure surrounding a given NFT, its use in the course of business may open the door to lawsuits rather than profits.

Student Forum, Information Technology and Intellectual Property Law
OSFI Updates on Cyber Security Incident Reporting

OSFI Updates on Cyber Security Incident Reporting

  • November 14, 2021
  • Elif Babaoglu

The Office of the Superintendent of Financial Institutions (OSFI) is an independent agency of the Government of Canada that contributes to the safety and soundness of the Canadian Financial system by regulating and monitoring federally regulated financial institutions (FRFIs). Recently, OSFI released updated requirements regarding the cyber security incident reporting requirements expected of FRFIs.

Student Forum, Information Technology and Intellectual Property Law