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March 15, 2010

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Law Times • march 15, 2010 NEWS Torys launches iPhone application BY MATT POWELL Law Times orys LLP is combining technology with trendi- ness by launching what it says is the first law firm iP- hone application in Canada. Torys introduced the free ap- plication this month. IPhone users can download it to read news from the firm, publica- tions on legal issues, and pro- files of the company's lawyers. It will also provide GPS-enhanced real-time directions to the firm's Toronto and New York offices. U.S.-based 80/20 Group LLC designed the application. Torys chief marketing of- T ficer Stuart Wood says the ap- plication has a particular focus on the firm's clients. "We don't really have any expectations that this will lead to new business," he says, not- ing the application was down- loaded 150 times in its first three days. "We expect there will be some students who will download it because of their fa- miliarity with the technology, but it's primarily focused on our clients and their interests in the firm." Wood says Torys is eager to try new technologies and, if people end up using the application, will invest more into it. So far, it's getting good re- views. "Torys has done a nice job with their application. It's well thought [out], smooth, and elegant," says Michael Rabinovici, senior vice presi- dent for strategic initiatives at AR Communications Inc. "Other firms are getting there, but Torys has really pushed the envelope in a way 'Other firms are getting there, but Torys has really pushed the envelope in a way that other firms have not,' says Michael Rabinovici. that other firms have not." Rabinovici says such ap- plications could play a role in changing how law firms do business, something he believes is a step in the right direction in the current business envi- ronment. "It could very well talk to the up-and-comers [among cli- ents] because it's speaking their language," he says. Rabinovici nevertheless thinks smaller firms have done a better job of tapping into the online marketplace than their larger counterparts, which he argues need to let go of conser- vative traditions by using social media to attract potential cus- tomers and develop new busi- ness ventures. These technolo- gies could also help advance recruitment tools because to- day's articling students have an affinity for new technologies. Podcasting, blogging, and developing a mobile strategy $3.55 • Vol. 17, No. 20 It's what's inside that counts! March 29 April 12 April 19 April 26 May 3 May 10 May 17 May 31 June 7 Covering Ontario's Legal Scene 3 Strong Laws For Women 5 Climb Every Mountain It's what's inside that counts! 9 Focus On Real Estate Law T BY JULIUS MELNITZER For Law Times $3.55 • Vol. 17, No. 20 Strong Laws For Women BY MARK BOURRIE For Law Times Climb Every Mountain Clicquot champagne that a similarly named group of women's clothing claim by the makers of Veuve Court level.Mitchell B. Charness, an intel- were also successful at the Federal of Montreal-area restaurants to keep using Barbie in its name and design. The court also rejected a BY MARK BOURRIE For Law Times lectual property lawyer and partner that permitted a three-outlet chain Court of Appeal subsequently Federal Court, and the Federal On June 2, the Supreme Court of Canada ruled against toy-maker Mattel Inc., which had been appealing a lower court decision ior Canadian IP lawyers. upheld the board's decision. The owners of Les Boutiques Cliquot representing companies that hold the rights to famous brands will have to prove a real connection between their marks and the prod- ucts of a company that infringes on the original trademark, say sen- OTTAWA — Trademark lawyers Opposition Board of the Canadian In 2002, the Trade-marks Focus On Real Estate Law house-style food. Barbie's Restaurant won at the since 1992 would not likely create consumer confusion with Mattel's dolls. Barbie's Restaurant has grown into a three-outlet chain in the Montreal area serving road- that its use of the "Barbie" name mark holder, it doesn't mean it's the Crown provided to m. hi end of protection of famous marks or that the famous mark holder can never stop anyone from using their trademark," Charness says. "What the cases mean is that we have to now look at how famous is the client's trademark and is there a connection or at least some possi- ble connection between the wares Intellectual Property Office accept- ed Barbie's Resttiaurant's argument the media is puffery," the lawyer said. "I'm not saying there's not a place for it, but it should have been done in a context that Upcoming Focus Highlights - Energy & Environmental Law Clicquot champagne that a similarly named group of women's clothing claim by the makers of Veuve Court level.Mitchell B. Charness, an intel- were also successful at the Federal of Montreal-area restaurants to keep using Barbie in its name and design. The court also rejected a lectual property lawyer and partner er the third party is doing. famous. That's not going to carrywith the same name. See Fame, page 2 with the famous mark and whatev-sumers won't confuse Barbie dolls The Supreme Court says con- "It's not enough to just beQuebec roadhouse restaurant www.lawtimesnews.com - Class Actions - ADR/Mediation - IT/Telecommunications Law - Personal Injury Law - Securities Law - Running Your Practice - Criminal Law June 14 To advertise in an upcoming issue of Law Times, contact our sales team: Informed, Intelligent Content Informed, Intelligent Content - Internet/E-Commerce Law - Real Estate Law To advertise in an upcoming issue of Law Times, contact our sales team: Karen Lorimer 905-713-4339 To advertise in an upcoming issue of Law Times, contact our sales team: Klorimer@clbmedia.ca Karen Lorimer 905-713-4339 klorimer@clbmedia.ca Kimberlee Pascoe 905-713-4342 Karen Lorimer 905-713-4339 Visit Law Times on the web at: www.lawtimesnews.om kpascoe@clbmedia.ca Kimberlee Pascoe 905-713-4342 Rose Noonan 905-726-5444 rnoonan@clbmedia.ca Visit Law Times on the web at: www.lawtimesnews.om Kathy Liotta 905-713-4340 Kimberlee Pascoe 905-713-4342 Klorimer@clbmedia.ca kpascoe@clbmedia.ca kliotta@clbmedia.ca kpascoe@clbmedia.ca Visit Law Times on the web at: www.lawtimesnews.com Rose Noonan 905-726-5444 rnoonan@clbmedia.ca Kathy Liotta 905-713-4340 kliotta@clbmedia.ca Kathy Liotta 905-713-4340 kliotta@clbmedia.ca 31700050 Green Ruled, Green Paper 11", double sided, 3-Hole, loose sheets with litigation rule. 50 per pkg. Reg $4.99 $3.49 32200115 Red Ruled, Green Paper Padded 11", 3-Hole, padded with law rule. 75 sheets per pad, 5 pads per pkg. Reg $25.79 $18.05 31500248 Red Ruled, White Paper Padded 11", 3-Hole, padded with law rule. 100 sheets per pad. Reg $6.89 $4.79 100% Contact your Account Executive or view these items at dyedurhambasics.ca Prices are effective from March 1 – March 31, 2010 that permitted a three-outlet chain Court of Appeal subsequently Federal Court, and the Federal On June 2, the Supreme Court of Canada ruled against toy-maker Mattel Inc., which had been appealing a lower court decision ior Canadian IP lawyers. upheld the board's decision. The owners of Les Boutiques Cliquot representing companies that hold the rights to famous brands will have to prove a real connection between their marks and the prod- ucts of a company that infringes on the original trademark, say sen- OTTAWA — Trademark lawyers Opposition Board of the Canadian In 2002, the Trade-marks house-style food. Barbie's Restaurant won at the since 1992 would not likely create consumer confusion with Mattel's dolls. Barbie's Restaurant has grown into a three-outlet chain in the Montreal area serving road- that its use of the "Barbie" name mark holder, it doesn't mean it's the end of protection of famous marks or that the famous mark holder can never stop anyone from using their trademark," Charness says. "What the cases mean is that we have to now look at how famous is the client's trademark and is there a connection or at least some possi- ble connection between the wares and services normally associated Intellectual Property Office accept- ed Barbie's Restaurant's argument www.lawtimesnews.com Ontario infringed on its trademark. Ottawa, says the decision does in Ridout & Maybee LLP in stores in Quebec and eastern famous brand. "If our client is a famous trade- not give small businesses a free rein to hitch their business to a A top criminal lawyer, who spoke on condi- tion of anonymity, was of the same mind. "Blurting out the government's theory to find the statement made [about the beheading] quite disturbing." "I would expect a far more responsible state- ment not only from defence counsel, but also from any human being," he told Law Times. "I Arif Raza of Mississauga, who represents 19- no reference to a beheading in the synopsis the Ontario infringed on its trademark. Ottawa, says the decision does in Ridout & Maybee LLP in stores in Quebec and eastern 9 year-old student Saad Khalid and who has p'rac-These are extraordinary times and extraordinary allegations that call for an abnormal response,' sed criminal law for over 25 years, says he s ys my way of doing business at such an early junc- ture in the proceedings," says Galati, who repre- sents another of the 17 accused. famous brand. "If our client is a famous trade- not give small businesses a free rein to hitch their business to a saw Gary Batasar, right, with lawyer Donald McLeod outside the Brampton courthouse. famous. That's not going to carrywith the same name. See Fame, page 2 er the third party is doing. for hush-hush." and services normally associated"Defence counsel should not just stay silent with the famous mark and whatev- "It's not enough to just beQuebec roadhouse restaurant sumers won't confuse Barbie dolls in these conditions. This is not a case that calls for nachos and steaks served in aPhoto: David W. Nees dinary allegations that call for an abnormal response," he said. "Niceties have to go out the window when the charges against the accused are drawing global media to Peel Region. The Supreme Court says con- 1998, is adamant that he did the right thing. "These are extraordinary times and extraor- would not create the headlines that it did." For his part, Batasar, a criminal lawyer since media crush that followed outside the courtroom. Some well-known members of the defence bar, also speaking off the record, questioned why See No, page 2 lous." He points out that the issue first arose in the courtroom when he asked prosecutor Jim Leising whether he had any evidence to substan- tiate the sensational allegations in the synopsis. He says he had no choice but to respond to the Batasar says the media's treatment of his remarks and the criticism of his action are "ridicu- Photo: Frank Gunn/CP the most experience in terrorism-related cases in Canada — questions tactics of this kind. "Reading unsubstantiated allegations is not the media is puffery," the lawyer said. "I'm not saying there's not a place for it, but it should have been done in a context that 5 A top criminal lawyer, who spoke on condi- tion of anonymity, was of the same mind. find the statement made [about the beheading] quite disturbing." T "Blurting out the government's theory to "I would expect a far more responsible state- ment not only from defence counsel, but also from any human being," he told Law Times. "I year-old student Saad Khalid and who has prac- tised criminal law for over 25 years, says he saw no reference to a beheading in the synopsis the Crown provided to him. 3 BY JULIUS MELNITZER For Law Times my way of doing business at such an early junc- ture in the proceedings," says Galati, who repre- sents another of the 17 accused. Arif Raza of Mississauga, who represents 19- ally indicated that he wanted to behead the prime minister of Canada," Batasar told media on June 6.But Rocco Galati — one of the lawyers with fire from his criminal law colleagues. der them, and blow up the CBC's Toronto head- quarters as part of a massive terrorist plot, is under C 25-year old restaurant worker Steven hand, intended to take politicians hostage, mur- "There's an allegation that my client person- for hush-hush." he tactics of Gary Batasar, the lawyer who revealed Crown allegations that his client, 'These are extraordinary times and extraordinary allegations that call for an abnormal response,' says Gary Batasar, right, with lawyer Donald McLeod outside the Brampton courthouse. "Defence counsel should not just stay silent in these conditions. This is not a case that calls dinary allegations that call for an abnormal response," he said. "Niceties have to go out the window when the charges against the accused are drawing global media to Peel Region. 1998, is adamant that he did the right thing. "These are extraordinary times and extraor- would not create the headlines that it did." For his part, Batasar, a criminal lawyer since media crush that followed outside the courtroom. Some well-known members of the defence bar, also speaking off the record, questioned why See No, page 2 lous." He points out that the issue first arose in the courtroom when he asked prosecutor Jim Leising whether he had any evidence to substan- tiate the sensational allegations in the synopsis. He says he had no choice but to respond to the Batasar says the media's treatment of his remarks and the criticism of his action are "ridicu- Photo: Frank Gunn/CP the most experience in terrorism-related cases in Canada — questions tactics of this kind. "Reading unsubstantiated allegations is not ally indicated that he wanted to behead the prime minister of Canada," Batasar told media on June 6.But Rocco Galati — one of the lawyers with fire from his criminal law colleagues. der them, and blow up the CBC's Toronto head- quarters as part of a massive terrorist plot, is under "There's an allegation that my client person- Covering Ontario's Legal Scene QUALITY DOCUMENT SCANNING StorageLitigation Support/Archive • Scan-to-File June 12, 2006 C 25-year old restaurant worker Steven hand, intended to take politicians hostage, mur- he tactics of Gary Batasar, the lawyer who revealed Crown allegations that his client, QUALITY DOCUMENT SCANNING StorageLitigation Support/Archive • Scan-to-File June 12, 2006 will become integral to firms, ac- cording to Rabinovici. Blogging generates interest through search engines, while mobile strategies allow users to view content any time and anywhere, he notes. "It's about ease of access. 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It's Your Choice! www.divorcemate.com 1-800-653-0925 • www.docudavit.com Inside This Issue Colleagues say statements to press were irresponsible Batasar under fire from other lawyers Pay-Per-Use or Subscription... It's Your Choice! www.divorcemate.com 1-800-653-0925 • www.docudavit.com Inside This Issue Quote of the week "We can cope with this case so long as the federal and provincial government respond to the strains it creates. It's too early to tell how everything will play out, but the lengthier and more complex it gets, the more important it is that we have the resources." — Janet Leiper, LAO's chairwoman See Batasar, page 1 Trademark holders must prove real connection Quote of the week "We can cope with this case so long as the federal and provincial government respond to the strains it creates. It's too early to tell how everything will play out, but the lengthier and more complex it gets, the more important it is that we have the resources." — Janet Leiper, LAO's chairwoman See Batasar, page 1 Trademark holders must prove real connection Colleagues say statements to press were irresponsible Batasar under fire from other lawyers

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