The Supreme Court of Canada recently released its decision in the case of Masterpiece v Alvida which clarified some trade-mark issues, particularly on the issue of confusion.

Here are some notes from an IT-Can roundtable conference call from today that discussed the case. Presenters were Kelly Gill of Gowling, Lafleur Henderson LLP, Clarke Hunter of Macleod Dixon LLP and Brandon Potter of Macleod Dixon LLP.

The issue in the case essentially related to the use by different parties of “Masterpiece Living” vs “Masterpiece the Art of Living”, and whether they are confusing.

The main issues:

Is it relevant that the . . . [more]

(This article is based on a talk that I gave at this year’s Canadian Association of Law Libraries conference.)

With online services accounting for an ever-increasing percentage of libraries’ budgets, it is important to be able to keep an eye on the usage of these services. Fortunately, a number of these online services offer usage reports. These reports allow the account administrators to get a clearer picture of how these services are used and how to get the most out of them.

Where to get usage reports

The availability of usage reports varies greatly from publisher to publisher, and . . . [more]

Canadian and American courts (and others) have been making pronouncements about the reliability of electronic documents for various purposes, not all of them equally persuasive, and the Canadian ones more sceptical than the American courts — perhaps only because of the facts before them.

Comments welcome on any of these cases: were they rightly decided? Do they suggest gaps in legislation? . . . [more]

Outlook 2010, I love you, I think. Yesterday I attended an internal training class that introduced me to Outlook 2010. This is one of the beginning steps (from the user perspective) of a renovation, evolution, revamp, revision of our firms desktop software. From the perspective of our IT department, this is the mid-point in a long line of projects that will culminate in current Office Suite software for our firm’s users.

Since other Slawyers may be going down (moving up?) this particular software update road, I am sharing a couple of my Outlook 2010 experiences. Note that we jumped from . . . [more]

Simon Fraser University's Masters of Arts in Applied Legal Studies has received a 2011 Award of Excellence from the Canadian Association for University Continuing Education. The prestigious award was presented at the CAUCE national conference recently held in Toronto to John Whatley, the CODE program director. Dr. Whately received the award on behalf of SFU’s School of Criminology, Centre for Online and Distance Education (CODE) and, in particular, all the people responsible for the design, implementation and continuing delivery of the program.

Last week I asked if Apple’s forthcoming iCloud service spells doom for Dropbox. My conclusion was no, iCloud does not pose a critical threat to Dropbox, but this week I’m worried about a new threat to Dropbox’s viability: Dropbox themselves.

Yesterday Dropbox disclosed a “bug” they’d introduced that allowed users to log into any Dropbox account using an arbitrary password. That is, if you have a Dropbox account, all a potential hacker would have to know was your e-mail address, and he would have unfettered access to your entire Dropbox.

Although the impact of the bug on users was . . . [more]

A new law came into effect yesterday: the Canada Consumer Product Safety Act, S.C. 2010, c. 21 (the “Act”).

While the definition of a consumer product is quite broad (according to s. 2 of the Act, it is “a product, including its components, parts or accessories, that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging”), a number of goods are already excluded from this legislation under Schedule 1, products which are already covered by another piece of legislation. Such consumer . . . [more]

We’ve once again reached a remarkable point as the world wobbles on. Today — at 1.16 p.m. to be precise — is the solstice. Up here in the Northern Hemisphere it’s the summer solstice; for the folks South of the equator, it’s the winter solstice, of course: the longest and the shortest day of the year, respectively. And because we often remark on Google Doodles here on Slaw, I thought I might point out that today it’s a Google Twoodle, the particular one depending on where you find yourself, both being the work of Japanese artist Takashi Murakami:

The . . . [more]

There’s been recent discussion about whether Legal Project Management is different from just regular plain ol’ project management.

It depends on how deep you want to look. Are a cat and a horse the same? They’re both mammals, right? Hair, four legs, warm-blooded…. But imagine if your sweet pet cat were the size of a horse. Her name for you would be “dinner.”

Likewise, at a superficial level Legal Project Management and traditional project management are the same. They have the same principles. They both seek to deliver work efficiently and effectively. They both are based on a combination of . . . [more]

Last week Simon linked to the piece in the New York Times which described the remarkable trend in the USSC towards resorting to dictionaries to determine legal meaning.

The US doctrinal literature has quite a history in a trilogy of articles by Judge Samuel A. Thumma & Jeffrey L. Kirchmeier, The Lexicon Has Become a Fortress: The United States Supreme Court’s Use of Dictionaries, 47 Buff. L. Rev. 227 (1999); Appendix A, Appendix B, The Lexicon Remains a Fortress: An Update, 5 Green Bag 51 (2001), and Scaling the Lexicon Fortress: The United States Supreme . . . [more]

This article by Carole Cochrane originally appeared in the Winter 2006 issue of LAWPRO Magazine. The advice given is just as relevant today.

Why do we all shudder on learning that our client’s adversary is self-represented on a litigation file? So often we fail to appreciate opposing counsel – until we hear those dreaded words from our client: “You know, the other side won’t be getting a lawyer.” It is only then that we realize and appreciate the benefit of there being opposing counsel on a file.

On a litigation file, opposing counsel can serve a number of important . . . [more]

A group of US politicians are concerned that the President has not properly signed a law, a step described in the US Constitution, if his signature is applied to the relevant piece of paper by an auto-pen — whether or not the President authorized the application of the pen (being out of the country when the bill came up for signature, and things being rather urgent.)

Do you think this is right? I think it’s ludicrous, myself. My signature can be made by anyone I authorize to make it — or by a machine. Signatures made for me by other . . . [more]