Tag Archives: Fogler Rubinoff

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Amazon.com Finally Gets its “One-Click” Patent

In the last issue of IP Currents, we reported that the Federal Court of Appeal had ordered the Canadian Patent Office to re-examine, on an expedited basis, Amazon.com’s Canadian patent application for its “one-click” internet shopping ordering method. The Patent Office had refused the application on the basis that it was directed to a business method that the Patent Office did not consider to be patentable subject matter. A series of appeals followed which culminated in the Federal Court of Appeal’s decision to uphold the patenting of business methods. More…

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Trademark Audits

Even if your company is not Coca-Cola®, whose trademarks were valued at over $70 million in 2011, your trademarks and other intellectual property could be among the most valuable assets owned by your business. Like any other valuable asset, trademarks need proper care and maintenance, both to ensure that they can carry out the roles they were designed to perform, and to maximize their value.

With that in mind, it is important to regularly conduct a review, in conjunction with our IP team, to ensure that the following guidelines are being followed on all materials produced by your business: More…

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Fast-tracking of Green Technology Patents

We are approaching the one year anniversary of the Canadian Patent Office’s implementation of expedited examination for patent applications for green (environmental) technologies. The initiative is part of a government effort to support the development of a clean energy economy.

Normally, Canadian patent applications are only examined out of turn if the patent applicant can establish that it will be prejudiced if its patent application is not examined in an expedited manner. Requests for expedited examination (called Special Order) are typically made in cases of actual or threatened patent infringement which can only be pursued once the patent issues, or commercialization where there is a need to have the patent in hand to conclude a technology license for example. A $500 government fee is required to request Special Order. More…

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Digital IP and the Supreme Court of Canada Crookes v. Newton

In late 2011, the Supreme Court of Canada (SCC) defined the function of hyperlinks on websites and, in so doing, dealt with some novel issues raised by the Internet. This was a libel case involving a claim that the Respondent (Newton) defamed the Appellant (Crookes) by posting a hyperlink to a third party’s alleged defamatory material. A hyperlink [1] is a reference to data that the linkee can directly follow to access the target document. The SCC was clear that the link itself will not be viewed as a publication in a defamation action. However, the addition of commentary approving or adopting the content of the target document could give rise to liability. The Court held that the use of a hyperlink cannot, by itself, amount to publication, even if the hyperlink is followed and the defamatory content accessed. More…

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Foglers Partner nominated for Book Prize

A text by Fogler, Rubinoff LLP’s partner, Vern DaRe, Bankruptcy in Canada, has been nominated for the Walter Owen Book Prize awarded by the Foundation for Legal Research.  The prize is designed to recognize excellence in legal writing and to reward outstanding new contributions to Canadian legal literature that enhances the quality of legal research in Canada.  This is the fourth edition of the text which is co-authored with John Honsberger, a life member of the Law Society of Upper Canada.  In addition to this practice at Fogler, Rubinoff LLP, Mr. DaRe is also an adjunct law professor of the University of Western Ontario, Faculty of Law, teaching courses in Bankruptcy and Insolvency Law and corporate reorganization.  In addition to Bankruptcy in Canada, Mr. DaRe is also the co-author of Debt Restructuring, Principles and Practice, published by Canada Law.

 

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Global reach, regional focus The top 10 Ontario regional firms are proud of their mid-market positions but say that doesn’t mean they can’t serve clients around the world.

Opportunities have certainly opened up for Ontario’s full-service regional firms in recent years. Since Canadian Lawyer last ranked them along with their Quebec peers in 2006, two of the top three have moved on or out. The top firm, McMillan Binch Mendelsohn LLP, has rebranded itself as McMillan LLP and combined forces with Lang Michener LLP to join the national crowd. And who could forget the March 2007 dissolution of the once-formidable Goodman and Carr LLP, which placed third in the 2006 rankings? “I think that’s to our benefit,” Torkin Manes LLP managing partner Jeffrey Cohen says of these departures from the mid-market. He says the hollowing out has made it easier to identify the clients his firm is chasing, and better tailor its services and marketing efforts to them.“We’ve stayed the course. We know who we are; we understand where our limitations are, and we don’t worry about what we can’t do. We focus on what we can do.”

To read the full article, click here.

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