The Court of Appeal for British Columbia has issued an injunction restraining a party from using its competitor’s trademarks in its keyword advertising. While the Court of Appeal stopped short of finding that bidding on keywords in and of itself is contrary to the Trade-marks Act, it did find that in this case, the Defendant’s use of the Plaintiff’s trademarks as keywords in the visible text of its sponsored link was a misrepresentation likely to cause confusion to the public.
Your employee is on Facebook over her lunch break, when she notices that her friend’s brother is the President of a start-up that could likely use your company’s services. She retrieves his email address from Facebook and sends him an email from her company email account, looking to arrange a coffee meeting to catch up and perhaps talk business. This scenario is one of many vulnerabilities facing Canadian employers since the coming into force of the new Canadian Anti-Spam Legislation
The latest info from Industry Canada has the new anti-spam legislation coming into force in early 2012. The consultation period is over, and the government will now finalize the regulations that organizations will have to follow.