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Intellectual Property


Tuesday, October 03, 2017 @ 8:34 AM

Copyright decisions provide nuanced look at paywall-protected news articles Blacklock_copyright_sm

An Ottawa-based subscription news service has received two very different judgments from the courts regarding unauthorized access to its paywall protected articles. ... [read more]

Friday, September 29, 2017 @ 8:37 AM

News aggregators: 'Fair dealing' exception doesn't apply to headlines and leads

In a recent case (Cedrom-SNI inc. v. Dose Pro inc.), the Quebec Superior Court issued an interlocutory injunction prohibiting a news aggregation service from reproducing the titles and lead paragraphs of news articles published by three Quebec newspapers. ... [read more]

Monday, September 25, 2017 @ 9:15 AM

Get ready for the eSports, iSports explosion esports_sm

Spanning the globe, the recent explosion on to the entertainment scene of eSports raises challenging new issues of intellectual property law. ... [read more]

Friday, September 22, 2017 @ 9:04 AM

United or Untied: Legal lessons from the latest ‘gripe site’ case United_airlines_sm

A recent decision of the Federal Court is an important new precedent for determining when the use of others’ intellectual property to criticize their products and services, including through “gripe sites”, becomes actionable infringement. ... [read more]

Thursday, September 14, 2017 @ 9:16 AM

Huge damages award sign of more holistic approach to accounting of profits

The recent award of over $644M following the damages reference in Dow Chemical Company v. Nova Chemicals Corporation 2017 FC 350  is one of the largest awards for intellectual property infringement in Canadian history. The decision of Justice Simon Fothergill contains many novel points of interest, but perhaps none so significant as his treatment of the issue of non-infringing alternatives and the deduction of fixed and capital costs in determining Nova’s profits to be disgorged to Dow. ... [read more]

Wednesday, September 13, 2017 @ 9:10 AM

What the coming trademark changes mean to pharmaceutical industry

Significant changes to the Canadian trademarks regime are expected to come into force in early 2019. While the implementation of these upcoming amendments will affect every sector, they will have a marked (pun somewhat intended) impact on several issues unique to the pharmaceutical industry. ... [read more]

Tuesday, September 12, 2017 @ 8:54 AM

TRADE-MARKS - Opposition - Grounds - Confusion - Nature of wares, service or business - Surrounding circumstances

Appeal by U-Haul International Inc. (U-Haul) from the dismissal of its appeal from decisions of the Trade-marks Opposition Board refusing to register the trademarks U-BOX and U-BOX WE-HAUL. ... [read more]

Thursday, August 17, 2017 @ 8:35 AM

COPYRIGHT - Royalties - Copyright Board - Tariff hearings

Application by Re:Sound Musical Licensing Company (Re:Sound), a collective society that administered the right to receive equitable remuneration, for judicial review of a decision of the Copyright Board setting royalties for the use of published sound recordings in webcasting for the years 2009-2012. ... [read more]

Wednesday, August 09, 2017 @ 12:48 PM

McCarthy's Sookman appointed to public policy think tank

McCarthy Tétrault partner Barry Sookman has been appointed to the Macdonald-Laurier Institute (MLI) advisory council. ... [read more]

Thursday, July 27, 2017 @ 8:27 AM

COPYRIGHT - Criteria for copyright protection - Originality - Protected subject matter - Architectural works - Infringement - Defences to infringement - Procedure

Appeal by MacNutt and her business Pier 101 Home Designs Inc. (PIER 101) from the dismissal of their claim for damages for copyright infringement. ... [read more]