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Canada

Revenge of the Trolls: Back to Square One for Apple

“To live is to war with trolls,” said Henrik Ibsen. Well, Apple Inc (“Apple”) has recently reached an impasse in its war against patent holding firm or "patent troll" Lodsys, LLC.

No Man (or Government Entity) is Above the Law

The United States Court of Appeals for the Federal Circuit recently released a combined opinion regarding the ability of government entities to register their official seal. The decision of In Re: City of Houston serves as a reminder of the substantial differences between Canadian and American trade-mark law.

Composing Consent: Federal Court Dismisses Pinto v BJEC

The Federal Court recently held that in the absence of a written agreement, a copyright holder could grant implied consent to the use of their work when they allowed the work to be used for the purpose for which it was commissioned. This ruling may cause concern for authors who wish to retain control of their works […]

Electronic Contracts - Still as Good as Paper Ones

The American courts have taken another pass at the recurring question of whether electronic documents and signatures are as good as written ones. The decision in Forcelli v Felco Corp finds that yes, an arrangement of electrons in silicon can be just as valid in law as an arrangement of dye on a dead tree.