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
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
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
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
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
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
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
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
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
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
Court Dismisses Alcon’s prohibition application against generic TRAVATAN-Z
On August 11, 2014, Justice Kane dismissed Alcon’s prohibition application against Apotex in respect of Apotex’s version of the Alcon’s TRAVATAN-Z and... Read More
Save the Date: Federal Court Orders Novel Bifurcation for Section 8 Start Date
In Apotex v. Pfizer, the Court ordered an innovative bifurcation order, separating the determination of the start date from the rest of the... Read More
Product specificity requires “perfect matching”
In Eli Lilly Canada Inc. v. Canada (Attorney General) , Justice Bédard of the Federal Court ruled that the Minister of Health’s... Read More