Subway v. Budway, 2021 FC 583

Earlier this month, Subway scored a legal victory in a trademark infringement claim against Budway Cannabis Store who didn\’t bother showing up at trial (blame it on the \”bud\”, I guess). https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/498525/1/document.do The court based its analysis on a previous ruling Toys R Us v. Herbs R Us, 2020 FC 682 flowing from very similar …

Teksavvy Solutions and Bell Media, 2021FCA10

The Federal Court of Appeal confirmed a site blocking order that was touted as the \”first ever\” in Canada back in 2019. The Federal Court of Appeal is right. Courts should issue site blocking orders more often and on an interlocutory basis. IP defendants are routinely allowed to allege some bogus defenses left unresolved till …

Sherman Estate and Donovan 2021 SCC 25 – Breakdown

The facts of this case revolve around the unexplained double homicide of a billionaire couple in Toronto. The estate trustees felt uncomfortable to administrate the Sherman estate under intense public scrutiny and incidentally feared for their life due to the perpetrator being unknown and still at large. The application judge sealed the probate files to …

The Supreme Court Of Canada Confirms Privacy As Ground For Sealing Orders

In its decision in Sherman Estate v Donovan  2021 SCC 25 (Sherman), the Supreme Court of Canada recognized on Monday that the public interest in protecting individuals\’ dignity is sufficiently important that a sealing order preventing disclosure of personal information may be granted.  However, Sherman  sets the bar for granting a sealing order protecting personal information very high. Only information …

India Ends Twitter\’s Immunity For 3rd Party Content

Section 79 of India\’s IT Act appears to be the equivalent of s.230, Communications Decency Act. The provision protects online service providers from liability flowing from unlawful content posted on their platforms. Twitter is so far the only American platform to have lost this safe-harbor in India. https://timesofindia.indiatimes.com/business/india-business/twitter-loses-legal-shield-in-india-for-3rd-party-content

What Is A Honeypot?

The latest buzzword in cybersecurity sounds delicious but it is also a preventive mechanism against hacking and can save time and resources in forensic analysis of cyber-breaches. Honeypots are hacker traps and they come in many forms and sizes adapted to your needs. Our tech expert Roman Blake is developing a comprehensive guide for creators …

Clearview au Canada: les résultats de l’enquête ne surprennent pas

Tel qu\’on s\’y attendait à la suite de l\’enquête lancée plus tôt cette année, l\’utilisation par 600 corps policiers au Canada du logiciel de reconnaissance faciale Clearview enfreint les droits des Canadiens. Selon le commissaire à la protection de la vie privée, l\’utilisation de la technologie de reconnaissance faciale par la Gendarmerie royale du Canada pour effectuer …

Desjardins Phishing Cyberfraud Of The Day

The consequences of yesterday\’s data dump begin materializing. I just received an email from \”Desjardins\” asking me to re-activate my account due to a connection error during my last login attempt. I specifically isolated the url link to see how it behaves, so I can report it to the RCMP. Desjardins surprisingly doesn\’t give you …

8.5 Billion Passwords Leaked On Hacker Forum

A massive 100GB TXT file that contains 8.4 billion entries of compromised passwords found its way on a popular hacker forum. The leaked password compilation is dubbed RockYou2021 and has presumably been built from previous data leaks and breaches. This is the time to change passwords. What to do if your password was leaked? If …