Intellectual Property
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Intellectual Property
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Doctrine of 'inevitable disclosure' can protect trade secrets

By John Simpson A recent case from Texas demonstrates how the doctrine of “inevitable disclosure” can prevent departing employees from misappropriating an employer’s trade ... Read more

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Patent-licensing network may not be best option for startups

While the technology industry's recent move to create a network aimed at fighting patent trolls is a positive development for large, established tech firms, it may ... Read more

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Tesla patent pledge clears way for shared infrastructure

Electric car manufacturer Tesla Motors’ recent move to allow other companies to use its technology in good faith makes sense, given that the products can only become more ... Read more

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Broader adoption of 3D printing brings IP challenges

As 3D printing technology becomes increasingly affordable, the risk of counterfeiting, piracy, and IP infringement is set to rise, says Toronto IP litigator  Heather Michel . ... Read more

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Networks win TV-streaming battle, but debate continues

The U.S. Supreme Court’s recent ruling against an online TV streaming service is a win for the big networks, but could spark debate about its potential impact on innovation, says ... Read more

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Tangerine case shows value of registering trademarks

A small financial service company’s battle against Scotiabank over its use of the Tangerine name highlights the importance of pursuing a trademark application to completion, says ... Read more

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Shift Law moves to downtown Toronto

Intellectual property firm Shift Law is set to move offices this month, and is looking forward to bringing its expertise in IP, new media law and related litigation to clients in ... Read more

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PR concerns will limit private information disclosure

Although a set of proposed legislative changes are set to broaden the ability of Internet service providers to disclose personal information, fear of a public relations backlash ... Read more

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Employers, employees and confidential business information

By John Simpson Recent years have seen an increase in trade secret theft and misappropriation of confidential business information throughout North America. This is probably due ... Read more

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Act creates 'Wild West' scenario for information sharing

Rather than just encouraging good faith protection of  copyright, a provision contained in the proposed new Digital Privacy Act may facilitate “shakedown efforts” by copyright ... Read more

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Major changes coming to Canadian trademark law

By John Simpson Canada’s Trade-marks Act is about to undergo its most significant amendments since it was first enacted in 1953. Even the spelling of “trade-mark” will change ... Read more

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More registrations likely following trademark definition change

Proposed legislative changes that are set to broaden the definition of trademark in Canada to include scents and tastes will likely lead to more applications and registrations, ... Read more

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Fisher to captain Basman Smith team in pro-am fundraiser

Toronto lawyer Kevin Fisher will once again captain the Basman Smith LLP team in the Scotiabank Baycrest Pro-Am hockey tournament this spring. To date, the event – which ... Read more

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Doubt cast over 'copyright trolling' as business model

In a recent decision that ordered an Internet service provider to disclose the names of its customers to a film production company, the Federal Court of Canada had to strike a ... Read more

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Ruling an example of courts favouring well-known brands

The Federal Court of Canada’s recent move to allow Harley-Davidson to continue to use its trademark in Canada in spite of a Canadian firm’s use of a similar trademark is the ... Read more

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Rights holders closely watching online TV streaming fight

Broadcast rights holders on both sides of the border are keeping a close eye on an ongoing battle between an online TV streaming service and the big networks, as the case heads ... Read more

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Fisher to discuss piracy, digital distribution

Toronto lawyer Kevin Fisher will share his insights into digital distribution issues at the upcoming Osgoode Hall Law School Entertainment and Sports Law Association annual ... Read more

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'Dumb Starbucks' not a bright idea

A new Los Angeles coffee shop that aims to be categorized as a work of parody art may well be infringing the intellectual property rights of its namesake, Starbucks, Toronto IP ... Read more

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Trademark decision positive for branding cases

A recent trademark decision may prompt lawyers to encourage clients to push product placement in movies and TV shows, Toronto IP lawyer John Simpson says in Law Times . In ... Read more

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Risks outweigh benefits for generic trademarks

For some companies, there may be benefits to owning a “generic trademark” – a brand name also used to identify the goods themselves – but these are usually outweighed by the risks, ... Read more

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