July 2021

In late June of 2021, Members of Canada’s Parliament passed Bill C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts. The Bill proposes to subject social media platforms and streaming services, collectively described in the Bill as ‘online undertakings’, to requirements similar to those imposed on traditional television and radio broadcasting companies in Canada. For example, this proposal could include requiring these companies to contribute financially to the production of Canadian cultural industries. The proposed changes aim to harness the explosive popularity of social media and streaming sites to support Canadian content online.

If you entered into a trademark settlement agreement where one party agreed not to use your registered trademark and then that party proceeded to use a very similar term on social media, is that a “violation” or a “material violation” of the agreement?  The answer is important because it determines whether you can get summary judgment on your breach of contract claim, according to a federal trial court in Florida.  (PayCargo, LLC v. CargoSprint LLC, Case No. 1:19-CV-22995-LOUIS (S.D. Fla. June 17, 2021 (2021 WL 2481867))