Court Upholds a Different Kind of Home Inspection
In Strathearn Consulting Inc. v. Barbra Ann Kirshenblatt et al, 2015 FC 1404, Justice Strickland dismissed Strathearn Consulting’s appeal, pursuant to Rule... Read More
Federal Court cannot by its own motion punt copyright claim to more convenient forum
In Sadhu Singh Hamdard Trust v Navsun Holdings Ltd, 2014 FC 1139, the Federal Court dismissed the plaintiff’s claims of copyright and... Read More
Patent Listing Redux – Perfect Match Again Required
In Gilead Sciences, Inc. v. Canada (Health), Justice Heneghan of the Federal Court granted Apotex’s motion and concluded that Canadian Patent No.... Read More
Absent de facto prejudice, pleading amendments will ‘almost always’ be in the interests of justice
On January 29, 2016, Justice Barnes of the Federal Court released the Order and Reasons in Canplas Industries Ltd. v. Airturn Products... Read More
Real and Substantial – Connection to B.C. sufficient for Canadian Olympic Committee to maintain action against North Face
On February 16, 2016, Justice Dillon dismissed an application by VF Outdoor Inc. (“VF USA”) to dismiss or stay the action brought... Read More
Preliminary Determinations Restricted to Pure Questions of Law – Federal Court of Appeal
In Rogers Communication Partnership et al v. Society of Composers, Authors and Music Publishers of Canada, 2016 FCA 28, the Federal Court... Read More
LINGAYEN Trade-mark Cannot Be Preserved – Court of Appeal Clarifies Test for Marks Descriptive of Place of Origin
MC Imports Inc. appealed a decision of the Federal Court that invalidated its trade-mark for LINGAYEN in association with Filipino food products... Read More
No Changing On the Fly – Court of Appeal Dismisses Substitutive Intervention in Hockey Skate Trade-Mark Dispute
In 2011, Easton requested that the Registrar of Trade-marks issue a section 45 notice requiring Bauer to show that they had used... Read More
Failure to Disclose Public Servant Status Will Not Void a Patent
On February 5, 2016 Justice Boivin (writing on behalf of the Court of Appeal) released the reasons for judgment in Brown v.... Read More
“NIC OUT” gets Kicked Out: Federal Court of Appeal upholds Trade-mark Expungement
The Federal Court of Appeal has upheld the expungement of the mark “NIC OUT” from the Register of Trademarks. Product Source International... Read More
SUPERSHUTTLE Trade-mark Stops Here – Registered Services Must be Performed in Canada
In July 2014, the Trade-marks Opposition Board concluded that Supershuttle International Inc. had not used its registered trade-mark SUPERSHUTTLE in Canada. The mark... Read More
Federal Court allows application to correct ownership after inadvertent error in assignment of patent rights
On January 19, 2016 Justice Shore granted an application under section 52 of the Patent Act to vary all entries in the... Read More
Federal Court reaffirms disclosure requirement for sound prediction
In Eli Lilly Canada Inc v. The Minister of Health et al, 2016 FC 47, Justice Barnes dismissed Eli Lilly’s prohibition application... Read More
Large security for costs upheld in Alberta multi-defendant copyright action
In Geophysical Service Incorporated v Encana Corporation, Justice Strekaf of the Court of Queen’s Bench of Alberta heard an appeal by GSI... Read More
Federal Court of Appeal upholds prohibition application dismissal under s. 6(5)(b) of the NOC Regulations
Bayer Inc. et al., v. Fresenius Kabi Canada Ltd., 2016 FCA 13 Bayer appealed the dismissal of its application for a prohibition... Read More
Second serving of rice affidavits insufficient to overcome AMIRA trademark refusal
The Federal Court has denied an appeal from the decision of the Trade-Marks Opposition Board refusing the application of Amira Foods (India)... Read More
Condiment Trade-mark Rejected by the Federal Court
On January 7, 2016, Justice LeBlanc of the Federal Court released the amended judgment and reasons in Kabushiki Kaisha Mitsukan Group Honsha... Read More
Claims under the Trade-marks and Competition Acts insufficient basis to stay Ontario defamation action
On December 22 2015, Justice Perell dismissed a motion to temporarily stay a defamation action in the Ontario Superior Court of Justice... Read More
New evidence establishes likelihood of confusion of NATURA mark
In September 2014, Home Hardware had unsuccessfully opposed the registration of Benjamin Moore’s BENJAMIN MORE NATURA marks on the basis of likelihood... Read More
Perks are for everyone: PERKOPOLIS mark found non-infringing
In Venngo Inc. v. Concierge Connection Inc. et al., 2015 FC 1338, Justice Manson dismissed Venngo’s claim that Concierge and its directors... Read More
Appeal dismissed from motion to compel answers from examination for discovery
In Hospira Healthcare Corporation v. The Kennedy Institute of Rheumatology, Madam Justice Kane dismissed Hospira’s appeal from Prothonotary Milczynski’s Order arising from... Read More
Federal Court of Appeal Affirms Dismissal of Prohibition Application for Mylan’s Tadalafil
In February 2015, the Federal Court dismissed Eli Lilly’s application for an order prohibiting Mylan Pharmaceuticals from receiving a Notice of Compliance... Read More
Dismissal of Application for “SECRET” Trade-mark upheld by the Federal Court
On December 1, 2015, Justice Gascon of the Federal Court released the judgment and reasons in Eclectic Edge Inc. v. Gildan Apparel... Read More
Federal Court of Appeal refuses Appeal of Motion to Strike Decision due to “Uncertainty” in the Case Law
On December 8, 2015, Justice Stratas of the Federal Court of Appeal released his Reasons for Judgment of the Court in Teva... Read More
Court of Appeal sends Netflix free trial streaming royalties back to Copyright Board
The Federal Court of Appeal in Netflix Inc. v. Society of Composers, Authors, and Music Publishers of Canada, 2015 FCA 289, granted... Read More