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
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
Un-Metatag Me! Copying metags found non-infringing by FCA
In Red Label Vacations Inc. v. 411 Travel Buys Ltd., 2015 FCA 290, the Federal Court of Appeal upheld a decision of...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
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
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
A Confluence of Two Streams – Subsequent Amalgamation Cannot Change Contracting Parties’ Intention
In April 2009, Pfizer and ratiopharm settled a prohibition application under the PM(NOC) Regulations in respect of the drug product ratio-sildenafil. Subsequent...Read More
Federal Court Dismisses Trade Mark Infringement Suit: No Actual Confusion of Co-Existing Marks
In Scott Technologies, Inc. v. 783825 Alberta Ltd., 2015 FC 1336, Justice Zinn dismissed all of the plaintiff’s allegations of trademarks infringement...Read More
Unauthorized changes to translation breaches contract but not moral rights
On November 17, 2015 Justice Hamilton of the Superior Court of Quebec released his judgment in Desgagné v. Group Ville-Marie Litterature Inc.,...Read More
25 Year Old Action Dismissed for Inordinate Delay
On November 9, 2015, Justice Penny of the Ontario Superior Court of Justice granted a motion under Rule 24.01(c) of the Rules...Read More
Getting Some SWAGGER Back
In Anashara v. Swagger Publications Inc., 2015 FC 1241, the Applicant appealed the decision of the Registrar of Trade-marks’ delegate to expunge...Read More
Court dismisses first biologic prohibition application
Amgen brought this prohibition application to prevent the issuance of a Notice of Compliance to Apotex for its proposed filgrastim product. The...Read More
Going Down Swinging: Idenix’s Counterclaim for Infringement and Invalidity Dismissed as Own Patent Held Invalid
On November 2, 2015 Justice Annis released a 326-page decision holding that Canadian Patent No. 2,490,191 invalid (2015 FC 1156; see our...Read More
The Best Defence Is A Good Offence: Gilead Invalidates Patent Threatening its SOVALDI Product
On November 2, 2015 Justice Annis released a 326-page decision holding that Canadian Patent No. 2,490,191 is invalid (2015 FC 1156). Gilead...Read More
Post-filing Amendments are Subject to Data Protection
In Hospira Healthcare Corporation v. The Minister of Health, Attorney General of Canada and Sanofi-aventis Canada Inc., Hospira was unsuccessful in its...Read More
Stand on ENVIRO-GUARD; Tiger’s trade-mark opposition denied
In Tiger Calcium Services Inc. v. Compass Minerals Canada Corp., 2015 FC 1257, Justice McDonald upheld the TMOB’s decision to reject Tiger’s...Read More
Time for a Change – Federal Court Confirms that it can Amend the Inventorship and Ownership of a Patent after it is Issued
On October 28, 2015 Justice LeBlanc released his judgment and reasons in Imperial Oil Resources Ltd. v. ExxonMobil Upstream, 2015 FC 1218,...Read More
Speed Queen mark suffers quick end – Trade-mark expunged on appeal
Alliance Laundry Systems LLC v Whirlpool Canada LP, 2015 FCA 232 In a decision from the bench, the Federal Court of Appeal...Read More
ABSOLUTE marks confuse absolutely
Absolute Software Corporation has operated under the trade-name ABSOLUTE SOFTWARE since 1993 and used its name as a common law mark. Since...Read More
Do ask, still don’t get – $2000 awarded on Bill of Costs seeking more than $400,000
Teva Canada Limited and Sanofi-Aventis Canada Inc have duelled over Teva’s generic ramipril product in various proceedings, including an NOC proceeding, an...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