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Intellectual Property

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Tuesday, March 02, 2021 @ 9:34 AM

Issues, considerations of full cost accounting in Nova v. Dow Three different sized stacks of coins

As discussed in part one of this article, prior to the Federal Court of Appeal decision in Nova Chemicals Corp. v. Dow Chemicals Co. [2020] F.C.J. No. 928, the incremental cost approach was the preferred method in calculating the profits earned by an infringer, except in certain circumstances. Therefore, there was no need to allocate the non-incremental fixed costs of the infringer to the infringing products. ... [read more]

Monday, March 01, 2021 @ 1:52 PM

IP firm Smart & Biggar adds associate

Smart & Biggar announced that Julia Schur has joined the intellectual property firm’s Montreal office as an associate.  ... [read more]

Monday, March 01, 2021 @ 1:20 PM

Black history month: Going beyond statements of support | Charlene Theodore

The Ontario Bar Association’s Black History Month campaign, #StandingOnTheShouldersOfGiants, celebrated the Black lawyers who paved pathways — those tireless champions who have for decades fought the never-ending and often lonely fight for equality and inclusion in the profession. It is on their shoulders I stand as the first Black president of the OBA. I thank them and I am proud to say that their legacy is reflected in the work and the diversity of our members.    ... [read more]

Monday, March 01, 2021 @ 8:41 AM

The Coach: Succession planning for large firms, part one | Gary Mitchell

The past two months I have written about succession planning for smaller firms. This two-part series is about succession planning for larger firms. ... [read more]

Friday, February 26, 2021 @ 9:06 AM

Honest concurrent use Bentley Convertible

The plaintiff, Bentley Clothing, is the owner and exclusive licensee of three trademarks consisting of the word Bentley registered for use with clothing and headgear (“the Trademarks”), the earliest of which was registered in 1982. ... [read more]

Friday, February 26, 2021 @ 8:31 AM

Wellness: The good, the bad and the ugly of Zoom | Darryl Singer

I absolutely love our profession’s adaptation to Zoom in the last 10 months. While I remain, after all these years, passionate about being a litigator and enjoy nothing more than a day in court, discovery or mediation, the travel was really starting to get to me. I live in Thornhill, Ont., which for those outside of the Greater Toronto Area (GTA), is a suburb just north of Toronto proper, but about 30 kilometres from downtown, which in Toronto traffic is anywhere from one to two hours in rush hour. ... [read more]

Thursday, February 25, 2021 @ 8:35 AM

Virtual vs. in-person trials: Benefits, negatives, considerations Female lawyer on video screen

Law has long been criticized as an industry that has been resistant to change. However, the COVID-19 pandemic has forced the legal profession to implement certain changes. The Ontario Court of Justice stated that many court proceedings are now not conducted in person but to be conducted via audioconference or videoconference. ... [read more]

Thursday, February 25, 2021 @ 8:29 AM

Top 10 business decisions of 2020 part one: From pipelines to anti-SLAPP Top Ten on a pedestal

What follows is our second annual list of the Top 10 business decisions in Canada for the just-ended year. This is a two-part series, which begins below with numbers 6-10, in ascending order. ... [read more]

Wednesday, February 24, 2021 @ 2:33 PM

Lawyers and the OBA: Come blow your horn | Gary Joseph

In the midst of this pandemic, public confidence in government and various institutions has been strained (to put it mildly). At every turn it seems that our political leaders are failing us. The federal government’s vaccine response reminds me of the Keystone Cops skits of old. The operation of “Cottage Parliament” by our prime minister strikes many as an affront to democracy. Our provincial government’s shutdown policies are inconsistent and hard to understand. In all of this, certain segments of our society have bucked the trend and performed wonderfully. High on my list is the Ontario Bar Association (OBA). Full disclosure: I am a member but have absolutely no involvement in management of the OBA. ... [read more]

Wednesday, February 24, 2021 @ 11:41 AM

Failure to show ownership fatal to copyright claim Meghan Markle

The Federal Court  in Lickerish, Ltd. v. Airg Inc. 2020 FC 1128, recently dismissed a copyright infringement action relating to the alleged unauthorized use of two photographs taken of celebrity actress and Duchess of Sussex, Meghan Markle. The court’s decision demonstrates that failure to establish standing by showing ownership or a licence agreement over the copyright at issue will ultimately prove fatal to an infringement claim.   ... [read more]