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Arbitration trends in the Middle East: What to expect in 2024 and beyond
The last several years have seen rapid growth in the Middle East.
Global | Publication | March 2016
The Federal Court of Appeal has confirmed – again – that adoption and use of a domain name can in fact constitute the mechanism by which a trademark is infringed in Canada: Michaels v. Michaels Stores Procurement Company, Inc., 2016 FCA 88. In fairly brief reasons given from the bench upholding a default judgment, the Court confirmed the appellant, who had been the defendant in the court below, was liable for passing off and trademark infringement.
In confirming that conclusion and upholding the order requiring that the domain name be transferred to the plaintiff, the Court noted that “[o]n the evidence before the judge, the domain name was the mechanism by which the respondent’s mark was infringed, and was the instrument of confusion in the marketplace.” (at para. 9).
While the decision does not extend unreasonably into concluding that any use of a trademark as a domain name would constitute infringement or passing off, it recognizes that confusion may result from the use of a domain name, and that if it does, such use is actionable.
The finding that confusion can result from use of a trademark in a domain name should be unsurprising; however, recent jurisprudence of lower courts in Canada appear to have suggested that use of a confusing domain name cannot constitute infringement. Hopefully this decision will put such suggestions to bed.
Publication
The last several years have seen rapid growth in the Middle East.
Publication
On May 14, 2024, Lena Haffner, Innovation Lead Germany at Norton Rose Fulbright, shared her insights on “How do you make a law firm AI ready?" at Legal Revolution 2024, one of Europe’s leading conferences in legal innovation and technology. Her lecture focused on developing a comprehensive roadmap for integrating AI into law firms, emphasizing the importance of developing a robust AI strategy and fostering an innovation-ready culture. Key topics covered in the lecture included strategic planning, skills development, multidisciplinary teamwork, and strong AI governance.
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