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
Google Books: A Transformative Fair Use
On October 16, 2015, the United States Court of Appeals for the Second Circuit released its decision in the “Google Books Case”...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
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
An Appeal is Mooted after Contested Trade-mark Application is Withdrawn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
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
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
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
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
Court of Appeal Is Not The Place to Reargue Factual Findings
On September 16, 2015, the Federal Court of Appeal dismissed Actavis’s appeal from a judgment of the Federal Court prohibiting the Minister...Read More
Keyword Advertising of Competitor’s Mark Is Not Passing Off
In Vancouver Community College v. Vancouver Career College (Burnaby) Inc., 2015 BCSC 1470, Justice Affleck dismissed a passing off action action based...Read More
Cleaning Up the Waste: Federal Court Invalidates Patent for Treating Waste Material from Mining Operations
On August 24, 2015, Justice Phelan held that Canadian Patent No. 2,515,581 is invalid for obviousness (2015 FC 997). This action involved...Read More
Absent Special Circumstances, Interlocutory Trademark Decision Not Subject To Judicial Review
McDowell applied for judicial review of an interlocutory decision of the Trade-Marks Opposition Board that had refused to grant McDowell leave to...Read More
Receivership Proceeding Cannot Be Passed Off As A Passing-Off Action
In Tangerine Financial Products Limited Partnerships v. The Revees Family Trust, 2015 BCCA 359, the Court of Appeal for British Columbia allowed...Read More
Can’t have your steak and eat it too – expunging TM’s for deviated use
Justice Kane dismissed an appeal from the Registrar of Trade-Marks expunging Padcon’s trade-mark for “THE OUTRIGGER STEAKHOUSE AND BAR” pursuant to section...Read More
Patent listing under 4(2)(b) – perfect match not required
In Eli Lilly Canada Inc v Attorney General of Canada, 2015 FCA 166, Justice Nadon allowed an appeal from Justice Bédard affirming...Read More
FCA Upholds the “Reasonably Diligent Search” Standard, For Now
The Federal Court of Appeal in E. Mishan & Sons, Inc. v. Supertek Canada Inc., 2015 FCA 163, dismissed an appeal from...Read More
Prothonotary Can Require Production of Relevant Confidential Documents From a Different Action
In Eli Lilly Canada Inc. v. Teva Canada Ltd., 2015 FC 801, Justice Annis allowed Teva’s appeal in part finding that the...Read More
Competition Bureau Launches Public Consultation on IP Enforcement Guidelines
The Competition Bureau has released draft and updated Intellectual Property Enforcement Guidelines for public consultation, and is seeking comments and feedback by...Read More