Principal Daniel Anthony discusses online infringement with Canadian Lawyer

Principal Daniel Anthony recently shared his thoughts on the role of artificial intelligence (AI) in identifying and enforcing intellectual property (IP) in an interview for Canadian Lawyer magazine.

In the article AI helps and hinders online infringement, Daniel discussed a variety of themes including building a robust IP protection program and taking a hybrid approach of combining AI-driven tools with human oversight to detect infringers.

He also highlighted how AI can be a double-edged sword for businesses in fighting online IP infringement. In Keezio Group, LLC v The Shrunks’ Family Toy Company Inc, 2024 BCSC 64, the BC Supreme Court found an IP rightsholder liable for damages due to the filing of groundless trademark and copyright complaints with Amazon. He noted that in uncertain cases, engaging with your competitor directly through a demand letter may be more effective than immediately complaining to online marketplaces.

Of online infringement, he said, “The most difficult thing of enforcing online is the anonymity and the ease with which the infringers can copy what was difficult to create.”

Read the full article (accessible to subscribers of Canadian Lawyer Magazine).