By Daniel Nashid
on Thursday, November 10th, 2016 in Intellectual Property, Social Media, Trademarks.
A registered trademark provides protection for brands and businesses online and in the traditional offline economy. A registered trademark can protect the name of your products and services. The process for obtaining a registered trademark can be confusing and complex, a smart entrepreneur would do well to engage the services of a professional to […]
By Daniel Nashid
on Tuesday, October 18th, 2016 in Intellectual Property, Trademarks.
Cybersquatting: Trademark dilution, confusion, & brand protection Is a competitor or third party operating a domain name that is identical or confusingly similar to your trademark? If so, they may be considered a “cybersquatter.” The Uniform Domain Name Dispute Resolution Policy (UDRP) (available here) provides trademark and brand owners with a quick and […]
By Daniel Nashid
on Thursday, August 11th, 2016 in Cannabis, MEDICINAL MARIHUANA.
Federal Government Announces New Regulations to Replace MMPR: Allow for Personal Grow Licences in Response to Allard Injunction. On August 11, 2016, Health Canada announced the new Access to Cannabis for Medical Purposes Regulations (ACMPR) to take effect on August 24, 2016. The new regulations will replace the commercial production Marihuana for Medical Purposes Regulations (MMPR), and are […]
By Daniel Nashid
on Wednesday, June 1st, 2016 in Social Media.
Defamation is a communication about a person that unjustifiably damages the person’s reputation. It causes the reader or listener to think less of the person. Defamation on social media attracts liability just as it would in traditional print and media. In fact, due to the viral nature of many social media platforms, such […]
By Daniel Nashid
on Tuesday, March 8th, 2016 in Copyright, Privacy, Social Media.
A recent decision of the Ontario Superior Court in Doe 464533 v. ND found damages available to the victim of revenge porn[1] – the public sharing of a sexually explicit video without the consent of the victim – under the novel privacy tort of “publication of embarrassing private facts”.[2] The decision of the Court […]
By Daniel Nashid
on Friday, January 29th, 2016 in Copyright, Intellectual Property, New Media.
Supreme Court of Canada affirms principle of technological neutrality and clarifies its application. Copyright is a creature of statute. It is a right granted to creators by statute only. It is comprised of a bundle of independent rights (synchronization, reproduction, communication, performance) conferred on authors and creators by Parliament. Given its nature, the […]
By Daniel Nashid
on Saturday, October 31st, 2015 in Intellectual Property, Trademarks.
Use of Competitor’s Trademark as a Keyword Not Infringement Is use of a competitor’s trademark as a keyword or metatag[1] for search engine optimization (SEO)[2] infringement? Does the trademark owner have any recourse? The Courts have found that use of a competitor’s trademark does not constitute infringement or passing off. In Canada, recent […]
By Daniel Nashid
on Wednesday, September 2nd, 2015 in Copyright, Intellectual Property, Trademarks.
The British Columbia Court of Appeal released its highly anticipated decision in Equustek Solutions Inc. v. Google Inc.[1] on June 11, 2015. The Court of Appeal upheld the right of an aggrieved party to obtain an injunction against an internet search engine, such as Google, from including offending websites and domains in its search results […]
By Daniel Nashid
on Tuesday, July 14th, 2015 in Intellectual Property, Trademarks.
As of December 9, 2014 Canadian brand owners can take advantage of enforcement tools at the border with the introduction of the Combating Counterfeit Products Act (the “CCPA”). The CCPA provides further protection to brand owners by expanding the definition of infringement, with the addition of new criminal sanctions and offences under the Trademarks […]
By Daniel Nashid
on Tuesday, June 23rd, 2015 in Cannabis, MEDICINAL MARIHUANA.
Facts Owen Smith, head baker of the Victoria Cannabis Buyer’s Club, was charged with producing cannabis derivatives under the Controlled Drugs and Substances Act (“CDSA”) ss. 4(1) and 5(2). Smith produced edible and topical marihuana derivatives for sale to members of the compassion club. It was not for his own use. At the time […]
