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The use of a manufacturer's trade mark in a domain name by a reseller
- Cassels Brock & Blackwell LLP
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- Global
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- January 30 2009
A recent decision of a panel made up of three panellists under the Uniform Domain Name Dispute Resolution Policy ("UDRP") deals with interesting issues concerning the use of a manufacturer's trade mark by a dealer or reseller
Enforceability of online agreements
- Cassels Brock & Blackwell LLP
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- Canada
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- November 17 2011
On September 2, 2011, the British Columbia Supreme Court issued a lengthy decision in which it upheld the enforceability of a browse wrap agreement (i.e. website terms and conditions for which formal acceptance is not required
Copyright in transition: Supreme Court of Canada rules on five copyright appeals
- Cassels Brock & Blackwell LLP
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- Canada
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- July 13 2012
Yesterday, the Supreme Court of Canada issued much anticipated rulings on a series of cases concerning copyright royalties for downloading and streaming of various kinds of musical works over the Internet, classroom copying of literary and artistic works, and recorded music in soundtracks that accompany movies and TV shows
Constitutionality of anti-spam legislation
- Cassels Brock & Blackwell LLP
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- Canada
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- July 10 2012
While Canada’s new anti-spam legislation received Royal Assent in December 15, 2010, the law is expected to come into full force in 2013 with the promulgation of a Governor in Council order
While CASL in limbo, CRTC gears up with guidelines
- Cassels Brock & Blackwell LLP
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- Canada
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- October 11 2012
As readers of The Cassels Brock Report will recall, we have previously written on the progress of Canada’s anti-spam legislation (“CASL”
Proposed Electronic Commerce Protection Act raises concerns
- Cassels Brock & Blackwell LLP
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- Canada
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- July 10 2009
All businesses that use e-mail, automatic downloads and telemarketing to advertise and promote their products or services should be concerned about the potential impact of proposed federal legislation, Bill C-27, which would enact the Electronic Commerce Protection Act (ECPA) to, among other things, prohibit e-mail "spam" and amend existing legislation that relates to telemarketing and privacy
Are online music previews "research?" - the Federal Court of Appeal says "yes"
- Cassels Brock & Blackwell LLP
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- Canada
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- July 29 2010
In a recent decision, SOCAN v. Bell Canada et al., the Federal Court of Appeal affirmed the decision of the Copyright Board of Canada in which it was held that 30-second previews offered by online music services like iTunes and Puretracks do not require the payment of royalties for the use of copyright in the underlying musical works
Conspiracy to defraud by facilitating copyright infringement
- Cassels Brock & Blackwell LLP
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- United Kingdom
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- October 15 2012
A recent decision of a criminal court in the United Kingdom found an individual guilty of conspiracy to defraud and sentenced him to four years’ imprisonment as a result of copyright infringing activities
Tucows.Com Co v Lojas Renner SA
- Cassels Brock & Blackwell LLP
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- Canada
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- September 21 2011
On August 8, 2011, the Ontario Court of Appeal (the “CA”) released its decision in Tucows.Com Co. v. Lojas Renner S.A., 2011 ONCA 548, ruling that a domain name owned by an Ontario corporation is personal property in Ontario and may be the subject matter of an action served on a defendant outside Ontario
Top ten tips for online retailing
- Cassels Brock & Blackwell LLP
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- Canada
- -
- March 14 2012
Provide consumers with a Privacy Policy which complies with the 10 privacy principles under the Personal Information Protection and Electronic Documents Act: accountability; identifying the purpose; consent; limiting collection; limiting use, disclosure and retention; accuracy; safeguards; openness; individual access and challenging compliance
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