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Intellectual Property

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Friday, October 13, 2017 @ 8:40 AM

Courts get serious about quantifying reasonable royalties in patent litigation Royalty_percentage_sm

Until recently, there had been few reported Canadian patent infringement decisions dealing with reasonable royalties. This has changed in the past several years. This article looks at some of the key developments in this area of patent infringement financial remedies. ... [read more]

Tuesday, October 10, 2017 @ 8:45 AM

COPYRIGHT - Protected subject matter - Artistic works - Paintings, drawings, plans, maps, charts - Ownership - Crown - Industrial designs

Appeal by the plaintiff, Keatley Surveying, from summary judgment dismissing its class action against the defendant, Teranet. ... [read more]

Wednesday, October 04, 2017 @ 11:30 AM

Ontario Court of Appeal upholds Crown copyright in Teranet decision Teresa Scassa sm

The Ontario Court of Appeal has upheld a lower court’s decision dismissing a class action lawsuit against Teranet Inc., the company that manages the province’s electronic land registration system (ELRS). ... [read more]

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]