Publications

Expunging a Registered Trade-Mark that is Not In Use

by Allan Oziel on February 22, 2013 No comments

Under the Trade-Marks Act (“Act”), registrants must “use” their trade-mark or risk expungement (losing their registration). Under Section 4 of the Act, use is essentially deemed to include use on the packaging/marketing of wares at the time of transfer and when it is displayed and advertised in the performance of services, whether by the registrant or a licensee under Section 50 of the Act.

The purpose of this is to ensure that the Trade-Mark Registrar is clean from trade-marks that have fallen into disuse. It is not the intention of the Canadian Intellectual Property Office to allow registrants to “hold onto” trade-marks.

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Allan OzielExpunging a Registered Trade-Mark that is Not In Use

Identifying an Anonymous Online Defamer

by Allan Oziel on January 17, 2013 No comments

It has never been easier for disgruntled consumers, ex-employees, ex-spouses and competitors to publicly air their grievances to a large audience. It is becoming increasingly common for the angry and scorned to take to the web to anonymously vent. However, what happens when these anonymous posts are untrue and can harm the reputation of their targets?

While online defamation law is still emerging, victims of the potentially defamatory statements will need to determine the identity of the poster in order to bring an action against the poster personally.

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Allan OzielIdentifying an Anonymous Online Defamer

Avoiding Verbal Employment Agreements

by Allan Oziel on November 29, 2012 No comments

Many companies utilize an incorrect procedure of hiring employees. An employment contract comes into existence at the point when the candidate is offered and accepts a job (with the consideration being the promise of pay). Therefore, if a company meets with a candidate and offers a job on a handshake and requests that the candidate “fill out the paperwork”, an “invisible contract” or “verbal contract” may exist prior to the execution of the written employment agreement. Therefore, the terms on the written employment agreement may become unenforceable.

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Allan OzielAvoiding Verbal Employment Agreements

What is a trademark?

by Allan Oziel on August 28, 2012 No comments

A trade-mark is a word or marking that is intended to distinguish the wares or services of one business from those of others. Typically a trade-mark is a word, design or combination of these elements. However, certain “distinguishing guises” (uniquely shaped goods or containers) and sounds can be trade-marked.

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Allan OzielWhat is a trademark?

Trade Secrets and Confidential Information

by Allan Oziel on August 16, 2012 No comments

To keep a competitive advantage, businesses may maintain the secrecy of valuable information that cannot otherwise be protected by intellectual property rights. Trade secrets may include ideas, formulas, designs, methodologies, processes, financial matters, pricing policies, business plans, salaries or other compilations of information. To be considered a trade secret, the information must be used in business, not be known to the public, must confer some benefit to its holder and must be the subject of reasonable efforts to maintain its secrecy.

In Canada, trade secrets or confidential information that cannot be otherwise protected by intellectual property rights (such as patents or copyright) can be protected by a duty of confidence recognized by common law. The recipient of a trade secret or confidential information is under a duty of confidence when that person received notice, or has agreed, that the information is confidential. To evidence this notice or agreement, businesses should mark all confidential information as such and require that all recipients of confidential information enter into a non-disclosure agreement (NDA) prior to disclosure. A non-disclosure agreement (also referred to as a confidentiality agreement) is a written agreement where one party agrees to disclose confidential information on the condition that the other party limits their use and any further disclosure of the information to preserve the confidential nature of the information disclosed. Implementing non-disclosure agreements may be necessary when obtaining funding from investors or working with manufacturers, designers, distributors, consultants and independent contracts. Despite a tendency to use “standard” agreements, non-disclosure agreements should be tailored to the particular circumstances of each matter.

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Allan OzielTrade Secrets and Confidential Information

Knowledge Management Series – Part 2: Benefits of Implementing a Document Management System

by Allan Oziel on July 25, 2012 No comments

In Part 1 of my Knowledge Management Series, I outlined the issues associated with organizing and storing documents by using file folders on a networked shared drive. There are several potential solutions that would help alleviate these concerns. Each solution’s effectiveness may depend on the size of the firm/organization and how well it is implemented.

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Allan OzielKnowledge Management Series – Part 2: Benefits of Implementing a Document Management System

Copyright Modernization Act Receives Royal Assent

by Allan Oziel on July 10, 2012 No comments

After several unsuccessful attempts to update the Copyright Act to deal with modern technology concerns, Bill C-11 “An Act to Amend the Copyright Act” (also known as the Copyright Modernization Act) received Royal Assent on June 29, 2012.

In an effort to align Canadian law with International Treaties, the Copyright Modernization Act balances the rights of both copyright holders and users.

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Allan OzielCopyright Modernization Act Receives Royal Assent

Knowledge Management Series – Part 1: Problems with Using File Folders on a Shared Drive

by Allan Oziel on July 3, 2012 No comments

This is the first in a series of posts, where I will discuss the benefits of maintaining efficient and resourceful knowledge management systems. Stay tuned to learn about the benefits of document management, task management, creating a precedent database, document assembly and other solutions to help the organization and efficiency of your practice.

For law firms and legal departments, maintaining organized files is of the utmost importance. In previous generations, this was primarily accomplished by having filing cabinets which contained organized files in accordion folders (perhaps sorted by area of law or file type), each of which contained many sub-folders to separate document types such as correspondence, drafts, research, agreements, etc.

While this organizational method seemed to be sufficient in the past, our continued reliance on electronic documents and e-mails has made an electronic system a must for any law firm or legal department.

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Allan OzielKnowledge Management Series – Part 1: Problems with Using File Folders on a Shared Drive

All Around Bad Night: Kevin Durant Loses Finals, Sued for “Durantula” Nickname

by Allan Oziel on June 22, 2012 No comments

Last night, in Game 5 of the NBA Finals, LeBron James and the Miami Heat delivered on their promise to bring home a championship by closing out the Oklahoma City Thunder, 121-106, in Game 5. LeBron was brilliant throughout the regular season, playoffs and especially the finals. In Game 5, LeBron registered a triple double, with 26 points, 13 assists and 11 rebounds, clearly cementing himself as the best player in the world and perhaps, one of the greatest players in the history of basketball.

While last night was a coronation for “King James”, it was an all around bad night for Kevin Durant. Durant, a 3-time scoring champ, led his team with 32 points, but also had 7 turnovers that contributed to Miami’s romp of OKC. While Durant may not affect the game in as many ways as LeBron, he is 23 years old, a deadly scorer and will only get better. I suspect we may see these two superstars square off in the finals several times within the next few years.

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Allan OzielAll Around Bad Night: Kevin Durant Loses Finals, Sued for “Durantula” Nickname