Teresa Scassa - Blog

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The Ontario Supreme Court of Justice has just approved the settlement of a class action law suit against Home Depot over a data privacy breach that took place in 2014. Both the settlement agreement and the decision by Justice Perell offer some interesting insights into privacy class actions in Canada. Between April 11, 2014 and September 13, 2014 Home Depot’s payment system was hacked by criminals who used malware to skim data from credit card…

The U.S. Court of Appeals for the Ninth Circuit has applied U.S. trademark law (the Lanham Act) to the activities of a Canadian citizen operating a business in Vancouver. The court acknowledged that it was applying the Lanham Act extraterritorially, but ruled that it was justified in doing so on the facts of the case. The extraterritorial application of trademark law is unusual. Registered trademarks are valid only in the country of registration. A Canadian…

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