IP Perspectives

Cloud computing: A brief overview of intellectual property issues "in the cloud"

Cloud computing has emerged as one of the hottest topics in computer and information technology services. However, when data and services move to the cloud, there are a number of legal issues, including intellectual property issues, for both cloud computing providers and users to consider.

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Domain names without borders: the imminent arrival of the new gTLDs

Following extensive controversy and debate, ICANN is almost ready to open up the application process for the new generic top level domains. With an unlimited field from which to select names, significant fees for registering and an enhanced dispute resolution process, the new system promises to present both opportunities and challenges for brand owners and other intellectual property rights holders.

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Non-traditional forms of inventions

Inventors should be aware of the broad conception of invention provided in Canada and other countries, and be alert to be possibility of securing patent protection for their inventions, even if those inventions take non-traditional forms.

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How to ace the test for establishing trademark confusion

The value of a trademark lies in its capacity to act as an indicator of source for the associated wares or services and the goodwill that flows therefrom. Use or registration by a third party of a confusing mark can lessen this value by reducing the established mark's distinctiveness, thereby diminishing the goodwill connection in the minds of consumers between the wares or services and the trademark owner. It is thus useful to consider the criteria for assessing confusion when selecting a new trademark or determining whether action should be taken against the use or registration of another party's mark.

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Recent developments in brief

Christian Louboutin seeks to protect red sole trademark

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Federal Government reintroduces Copyright Modernization Act

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Supreme Court of Canada considers hyperlinks

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Design features added to a descriptive trademark — when are they sufficient to distinguish the mark?

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Rankings and recognitions

Firm recognized in IAM Licensing 250 - The World's Leading Patent & Technology Licensing Lawyers

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Brian G. Kingwell, Joy D. Morrow and Michael D. Manson named "Lawyers of the Year" by Best Lawyers

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To offer your feedback on this newsletter or any of its articles, please contact the editors:

Keltie R. Sim

Emma Start

Peter A. Elyjiw


The preceding is intended as a timely update on Canadian intellectual property law. To request a copy of any decision, paper or legislative document, or for more detailed information or to make suggestions, kindly contact an author of the relevant article or Keltie R. Sim. The contents of this newsletter are informational only and do not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly. To join the IP Connections mailing list, be removed from the mailing list or make changes to contact information, please send an email to ipconnections@smart-biggar.ca.

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