Entries by Douglas B. Thompson

Liability to third parties on the Internet

A recent inquiry from a client caused me to examine the  topic of liability on the internet.  My client has a website with associated YouTube channel where persons can post articles and videos.  My client’s potential liability with respect to the persons who post the articles and videos can easily be controlled by contract.  Prior […]

Google Arguing Canadian Court Order not Enforceable in United States

In the article posted July 18, 2017 we described a ground breaking decision of the Supreme Court of Canada upholding a lower court order that required Google to de-index D’s website from search results worldwide.  The Supreme Court of Canada stated: “Where it is necessary to ensure the injunction’s effectiveness, a court can grant an […]

“Distinguishing Guise” – The Captain Morgan Case

On June 12, 2017 Judgement was rendered in the case of Diageo Canada Inc vs. Heaven Hill Distilleries Inc.  This case has come to be known as the “Captain Morgan Case”.  It is noteworthy because it is one of the few recent cases on “distinguishing guise”.   As defined is the Trademark Act a “distinguishing guise” means […]

Protecting Graphical User Interfaces

Sometimes Intellectual Property protection available to software developers appears to be inadequate.  Legal professionals serving the software industry are forced to work within confines set by the “traditional” forms of Intellectual Property protection of Patents, Designs, Copyright and Trademark.  The problem has become more acute since the Alice Corporation decision in the United States limited […]

Complaint Websites use of Parody

The Federal Court decision by Mr. Justice Phelan on June 23, 2017 in the case of United Airlines, Inc v. Jeremy Cooperstock provides some guidance to persons considering establishing complaint websites. Cooperstock operated a complaint website under the domain name UNTIED.com, which he registered and launched on or about April 24, 1997. Cooperstock chose the […]

.CA Domain Name Disputes

The Canadian Internet Registration Authority (CIRA) has a mechanism for resolving domain name disputes.  This domain name dispute resolution mechanism is available to all Trademark owners. A CIRA panel hearing a domain name dispute has the power to order the transfer of a domain name from an offending party to a complainant. It is important […]

Supreme Court of Canada Decisions regarding Intellectual Property

It used to be that decades would go by without any Intellectual Property cases being considered by the Supreme Court of Canada (SCC).   The fact that there have been two significant SCC decisions on Intellectual Property within a period of 3 days at the end of June, is indicative of the importance of Intellectual Property […]