Monthly Archives: April 2012

Official Marks in Canada – Foreign public authorities need not apply

In a recent decision, the Federal Court has ruled in favour of Maple Leaf Foods Inc.  (“Maple Leaf”) in an appeal of the decision of the Registrar of Trade-marks refusing Maple Leaf’s application to register the trade-mark PARMA & Design.  The Registrar had refused the application on the basis that it so nearly resembled Consorzio Del Prosciutto Di Parma’s Official Mark for PARMA & Design and therefore was prohibited from adoption pursuant to s. 9 of the Trade-marks Act.

The issue of that was of interest is whether Consorzio Del Prosciutto Di Parma (“Consorzio”) is a “public authority” within the meaning of s. 9 of the Act.  The Court applied the test for a public authority, as clarified by the Federal Court of Appeal in United States Postal Service v. Canada Post Corporation, 2007 FCA 10 (as we have reported in a previous post).  A public authority must be one that is subject to control by a Canadian government.  Thus, since Consorzio is subject to control by the Italian government, it is a foreign public authority and therefore not a “public authority” within the meaning of s. 9 of the Act.  The Federal Court held that Consorzio’s Official Mark is invalid and void ab initio.  The Court also directed the Registrar of Trade-marks to allow Maple Leaf’s application for PARMA & Design.



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Jason Tremblay’s eBook chapter on employment law available now on Amazon

Arnstein & Lehr Attorney Jason Tremblay

Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay has published a chapter of his electronic book on employment law, which is now available on The eBook chapter is titled “Ten Easy Steps Employers Can Take to Avoid Employment-Related Liability.” Amazon is still working on the full book.

To purchase, click here.

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ILN Today Post

Aged Care Reform – Living Longer, Living Better – Anywhere you like.

On 20 April 2012, the Federal Government responded to the Productivity Commission’s review of the aged care system in 2011 and released a package of reform initiatives designed to reshape this system. When viewed as a whole, the reforms are intended to change the emphasis from ‘aged care’ to ‘aged living’, which means choice and flexibility for the consumer.

The reforms will not only affect current participants in the aged care sector, namely approved providers and lenders, but will also be relevant to the growing number of retirement village operators who find more of the residents living in their villages receiving some form of government care support.

In terms of timing, the reform package will be rolled out over five years commencing on 1 July 2012. More…

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Workplace Violence Policies and Background Checks Are Essential Components of a Prevention Plan

By Kara M. Maciel

Sadly, workplace violence continues to be a topic that challenges many organizations.  Indeed, as the news reports continue to remind us, employees and non-employees often take out their aggression and violent acts within the workplace.  As the recent attacks at hospitals in Pittsburgh and in Washington, D.C. demonstrate, there remains a high rate of fatal and non-fatal assaults and violent acts committed within the workplace, and, in particular, within the healthcare industry.  One of the struggles that employers face is trying to prevent violent conduct by third-party non-employees who are generally beyond the control of the employer.

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Prof. Dr. Romualdas Drakšas has published the monograph “Attorney-at-law: fundamentals and problems of activity”

Of Counsel of the law firm and attorney-at-law Prof. Dr. Romualdas Drakšas has published the monographtt “Attorney-at-law: fundamentals and problems of activity”. It is a monograph about the attorney-at-law – an advisor, defender, safety guarantor, about his rights and duties. In the book the author thoroughly analyses the principles and functions of attorney-at-law’s activities, professional difficulties on the scientific level. Particular attention is paid to the principles of freedom and independence of attorney-at-law’s activities.

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EEOC’s Amended ADEA Regulation Raises the Bar for Employers’ RFOA Defense

by Carrie Corcoran, Matthew T. Miklave, and Susan Gross Sholinsky

The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued a long-awaited final rule (“Final Rule”), which amends the regulation on the “reasonable factors other than age” (“RFOA”) defense available under the Age Discrimination in Employment Act (“ADEA”). The Final Rule is available at 29 C.F.R. Part 1625. The EEOC previously published proposed rules regarding the RFOA defense on March 31, 2008, and then on February 18, 2010. The Final Rule takes into account public comments received on those proposals.

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Week of April 16, 2012 on ILNToday – A Roundup

We’re at the end of another week already, and there has been SO much great content coming through ILNToday! It’s been a wee bit busy here as I get ready for our Annual Meeting in May in Washington, DC, so today, I’m just bringing you the links to my top posts of the week!

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ILN Today Post


The Second Circuit recently breathed new life into a copyright infringement lawsuit brought by Viacom and other owners of video content against YouTube that alleges over 70,000 instances of copyright infringement that occurred on YouTube.


In 2010, the District Court for the Southern District of New York granted summary judgment in YouTube’s favor, finding that it was immune from the plaintiffs’ claims of copyright infringement as YouTube was eligible for the “safe harbor” protections against copyright infringement available under the Digital Millennium Copyright Act (DMCA) for qualified service providers. The main issue on appeal was whether YouTube could be deprived of the safe harbor protections available under the DMCA if it was generally aware of prevalent infringement on its site, or whether, instead, it would only be deprived of such protections if it had actual knowledge or was generally aware of specific infringing activity. More…

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Andrej Rudanov assisted Northway in creation of a unique fertility centre

Andrej Rudanov, Associate of the law firm Tark, Grunte, Sutkienė ir Partneriai, advised UAB Northway Medicinos Centrai in creation of a unique fertility centre model, represented the client in relations with various state authorities, provided legal assistance in obtaining licences and permits necessary for this activity.

The recently launched Northway fertility centre is one of the most modern infertility treatment clinics in Lithuania, having an A class laboratory equipped according to the European Good Manufacturing Practice guidelines and ensuring the top level safety and quality of health care services.

We are proud of having been able to professionally contribute to the establishment of this exceptional medical institution. For more information on the centre

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Ohio Statehouse Update: Week in Review — April 20, 2012

1. House unveiled BWC legislation

House Republicans provided testimony on a package of bills addressing issues within the Bureau of Worker’s Compensation this week. House Bills 516, 517, and 518 received sponsor testimony in the House Insurance Subcommittee on Worker’s Compensation.

The bills would do the following:

House Bill 516: Sponsored by Representatives Michael Henne (R- Clayton) and Jay Hottinger (R- Newark), the bill allows state university hospitals to participate in self-insurance, eliminates the additional premium assessment for older claims where the worker is permanently and totally disabled, and permits political subdivisions to participate in the One-Claim program. The bill sponsors said the bill would modernize and streamline the BWC administrative process. 

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