The Wrath of Chanel: Federal Court awards $250,000 in Punitive Damages for Repeated Trade-Mark Infringement
An action brought by Chanel for the infringement and passing off of various trade-marks was disposed of via summary trial. In Chanel... Read More
BCFIT Trade-Mark Infringed and Passed Off, with a Side of Defamation
In British Columbia Recreation and Parks Association v. Zakharia [2015] BCSC 1650, Justice Funt of the British Columbia Supreme Court found the... Read More
Unanswered Questions – Bard Successfully Avoids Answering Questions on Discovery
On October 16, 2015, Justice LeBlanc dismissed an appeal by W.L. Gore & Associates, Inc. and W.L. Gore & Associates Canada Inc.... Read More
Pay the wall – circumventing paywalls is copyright infringement
In 1395804 Ontario Limited (Blacklock’s Reporter) v. Canadian Vintners Association, 2015 CanLII 65885, Deputy Judge Lyon Gilbert of the Ottawa Small Claims... Read More
A Perk for PERKOPOLIS: Limits of Non-Statutory Trademark Invalidity
In Concierge Connection Inc v. Venngo Inc, 2015 FCA 215, the Federal Court of Appeal allowed Concierge’s appeal, with reasons delivered from... Read More
Costs of second tadalafil prohibition application against the same patent assessed at midpoint of column IV
As we previously reported here, Justice Gleason allowed Lilly’s prohibition application in respect of the Canadian Patent No. 2,226,784 with costs following... Read More
Absent Unusual Circumstances, Column IV Costs Remain the Standard in PM(NOC) Proceedings
Justice O’Reilly’s decision in Novartis Pharmaceuticals Canada Inc. v. Teva Canada Limited confirms that costs awarded at the upper end of Column... Read More
Don’t Ask, Don’t Get – Costs on Motions in the Federal Court
On September 18, 2015, Justice Leblanc granted an appeal of a decision of Prothonotary Tabib awarding Eli Lilly costs on a motion... Read More
Cheers! Beer Company Successfully Defends Trade-mark in Expungement Application
On September 17, 2015, Justice Martineau of the Federal Court released the judgment and reasons in Pacific Western Brewing Company Ltd. v.... Read More
Minister’s Import Ban Against Apotex Enacted For Improper Purpose
On October 14, 2015, Justice Manson of the Federal Court released his judgment and reasons in Apotex’s judicial review of the Minister... Read More
Outside the Strike Zone: Pleading s. 8 Damages for Loss of Market Share and Sales of Other Products
In Pharmascience Inc v Pfizer Canada Inc, 2015 FC 1134, Justice Zinn of the Federal Court of Canada reversed the underlying Order... Read More
An Appeal is Mooted after Contested Trade-mark Application is Withdrawn
Engineers Canada, a national federation of provincial and territorial associations of professional engineers had its appeal of a decision of the Trade-marks... Read More
Brochures and Invoices Demonstrate Evidence of Use
In Cameron IP v. Haldex AB, Cameron was unsuccessful in its appeal from a decision by a Hearing Officer of the Trade-mark... Read More
Fight Over Factums: Ontario Divisional Court Grants Leave to Appeal From Decision Refusing to Approve a Class Action Settlement
In Waldman v. Thomson Reuters Canada Limited, 2015 ONSC 3843, Justice Swinton of the Ontario Divisional Court granted leave to appeal an... Read More
University Professor Unable to Rely on Copyright Fair Use in Plagiarism Suspension
On July 15, 2015, Justice Bich of the Quebec Court of Appeal released her judgment in Syndicat des professeures et professeurs de... Read More
Objections without merit: Federal Court takes stance against “under advisements”
In MediaTube v Bell, an action alleging infringement of the plaintiffs’ patent by Bell’s Fibe TV systems, discovery of the plaintiffs entailed... Read More
A novel claim for damages under centuries-old monopolies legislation survives motion to strike
A claim by Apotex in the Ontario Superior Court pursuant to the English Statute of Monopolies (which was enacted in 1624) and... Read More
Just Right: Non-Infringing alternative Relevant in Calculating Damages for Patent Infringement
In Apotex Inc. v. Merck & Co., 2015 FCA 171, the Federal Court of Appeal held that when calculating damages for patent... Read More
Confidentiality in the Federal Court: Application Judge Has the Final Say
Public openness and access to material filed in Court are underlying principles of the judicial process, and these principles were addressed in... Read More
Pot-shots from the sidelines not enough to disprove inherent anticipation
On June 15, 2015, Justice Barnes released his public Judgment and Reasons in a prohibition application involving Mylan and Canadian Patent No.... Read More
What does that patent say, anyway? Appellate review of patent construction
In two recent judgments, Cobalt v. Bayer and ABB v Hyundai, the Federal Court of Appeal has explicitly considered the appropriate standard of review for... Read More
No one is higher than the law – Headshop trade-mark infringer jailed for contempt
Hightimes Smoke Shop and Gifts, a headshop located in Niagara Falls, was previously ordered to pay $55,000 in damages and costs relating... Read More
Copyright suit for book never sold in Canada summarily dismissed
A recent ruling of the Ontario Superior Court is a reminder to plaintiffs that they must present more than bald allegations that... Read More
Inherent Distinctiveness Must Consider Potential Uses Of Marks, Not Merely Their Actual Uses
Constellation Brands Inc. and related companies appealed a decision of the Trade-Marks Opposition Board that rejected Constellation’s opposition under s. 38 of... Read More
A Sheep In Wolf’s Clothing – Alleged Errors of Fact Should Not Be Dressed Up As Errors Of Law
The Federal Court of Appeal recently considered two competing appeals regarding patents listed on the Patent Register against Alcon’s moxifloxacin product, VIGAMOX.... Read More