North America

Managing the transition: the impact of Canada’s amended Trade-marks Act on pending trade-mark applications

iStock_000000423466SmallThe recent amendments to Canada’s Trade-marks Act present many interesting opportunities and challenges to brand owners and their counsel.  This article focuses primarily on the impacts for Canadian trademark applications that are pending at the time the amended Act comes into force—that is, applications that have been filed with the Canadian Intellectual Property Office (CIPO) but that have not yet issued to registration.

As a preliminary comment, there is, unfortunately still no clarity about when the amendments to the Act will come into force. When the amending legislation was passed, CIPO initially indicated that the effective date could be as early as late 2014; subsequent projections were revised to mid-to-late 2015. More recent comments from CIPO suggest that mid-2016 is a more realistic timeframe.  The delay is apparently related to the magnitude of the IT changes required, particularly as connected to implementation of the Madrid  Protocol, to which Canada is becoming a party.

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McDonald Hopkins moves to a new home in the Arena District

COLUMBUS, Ohio (March 30, 2015) – McDonald Hopkins LLC has opened its doors in the Arena District, consolidating two offices into one at 250 West Street, Suite 550. The business advisory and advocacy law firm is leasing 9,000 square feet in one of downtown Columbus’ most popular areas.

McDonald Hopkins has been expanding its Columbus presence since merging last year with Welin, O’Shaughnessy + Scheaf, a boutique law firm specializing in construction law, complex business litigation and oil and gas litigation. “We are very excited that our new location enables us to continue our growth in the Columbus market,” said Peter D. Welin, managing member of McDonald Hopkins’ Columbus office.

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Data Privacy and Cybersecurity Alert: Communications sector adopts first-of-its-kind cybersecurity measures

For the first time, the communications industry has critical guidance and recommendations for cybersecurity protection. That’s because a multidisciplinary group formed by the Federal Communications Commission (FCC) examined the cybersecuity risks to the communications sector and adopted an extensive 415-page report that contains first-of-its-kind cybersecurity measures for the communications industry to follow. This report – “Cybersecurity Rick Management and Best Practices Working Group 4: Final Report” (Report) – was issued on March 18, 2015, by the FCC’s Communications Security, Reliability, and Interoperability Council (CSRIC). The Report is expected to be an important tool for other industries looking to implement measures to guard against cybersecurity risks.

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You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases

“There is no private right of action under HIPAA.”  This oft-repeated rule is a source of comfort for many health care entities. Of course, patients can file complaints with the Office of Civil Rights or State Attorneys General, but a “HIPAA cause of action” does not exist. So what is the basis for the many […]

The post You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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Garner v. Garner – Can you obtain a court ordered visitation schedule with an elderly parent?

Several years ago, the B.C. Court of Appeal, in Temoin v. Martin, 2012 BCCA 250 [Temoin] discussed the application of a time-honoured principle that English and subsequently Canadian courts had established and which became known as the Court’s parens patriae jurisdiction. Historically, the parens patriae doctrine (which literally means “parent of the country”) vested the Court with the authority to make orders in the best interests of children that were in need of protection. Temoin clarified that the Court’s powers under the parens patriae jurisdiction can also be invoked to make orders necessary for the protection of elderly individuals that have not been formally declared incompetent or incapable of managing their affairs. In Temoin, the Court held that in appropriate circumstances it could make an order compelling an elderly individual to submit to a medical capacity assessment. We provide a detailed discussion of the factual background and the Court’s decision in Temoin in our 2012 blog post discussing “Court Ordered Examinations to Determine Incapacity in British Columbia”.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — March 27, 2015

On Wednesday, the House passed a budget by a vote of 228 to 199. The House budget that passed increased defense spending, a move that was necessary to secure the votes of Republican hawks.

The House’s budget makes cuts to domestic spending on everything from food stamps to welfare. The blueprint also repeals the Affordable Care Act and makes changes to the tax code.

Republicans in the House chose to pass a budget that increased military spending even though that spending would not be offset, a major concession for some fiscal conservatives.

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David Austin interviewed by The Vancouver Sun

Yesterday, David Austin was interviewed by The Vancouver Sun on the subject of the growing tech-sector demand for green power. In the article, David states that the congestion in the Northwest U.S. transmission system has been a long-standing barrier to B.C. signing long-term power contracts in big markets such as California.

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Lunch with JobsOhio

We will discuss:

Topics

  • What has JobsOhio achieved for business in Ohio?
  • What can JobsOhio do for your business?
  • Revitalization
  • Workforce development
  • Site selection
  • Economic incentive programs
  • Plus, hear from Team NEO about what it is doing for business in Northeast Ohio
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A Look at the European Advertising Landscape

UntitledEven if (or maybe because) your last exposure to European advertising was a heavy metal cough drop commercial from Finland, you may be wondering how things are going over there across the pond. In general, I think the answer is, “Things could be better, but they were a lot worse.”

Ad spending is a kind of economic indicator. When a business, or a sector, or an entire economy heads south, ad spending is one of the first things to get cut. The European Union (EU) has been slower out of the Great Recession than the United States and ad spending didn’t return to growth until 2013, and even then it only grew by only 2.3% in 2014, according to a report by eMarketer.

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Multistate Tax Update — March 26, 2015

Ohio’s Treasurer, Josh Mandel, had been promising to put Ohio’s checkbook online since at least 2013. That year, he said that the basic idea is to “allow citizen auditors to easily examine the state’s purchases, from paper clips and hotel rooms to consulting work. Ultimately, the checkbook would allow people to search, among other things, which vendors get the most money and how spending on certain services compares from one agency to another.”

Late last year, Mandel’s promise went live, as numerous outlets reported on Dec. 2, 2014. Describing OhioCheckbook.com, 10tv reported that the online checkbook shows 112 million transactions over the past seven years, and that it took a year and half to put together all the numbers. OhioCheckbook.com contains easy-to-read pie graphs revealing the various agencies’ and departments’ expenditures.

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