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ARTICLE · 31 JULY 2018

Anticipated Appeals Cannot Be United

In Cooperstock v. United Airlines, Inc., the Court of Appeal held that an appeal can be stayed or consolidated with related appeals only after those related appeals have been commenced and are pending before the Court. .

CanadaIntellectual Property

In Cooperstock v. United Airlines, Inc., the Court of Appeal held that an appeal can be stayed or consolidated with related appeals only after those related appeals have been commenced and are pending before the Court..

Dr. Cooperstock owns and previously operated a consumer criticism website about United Airlines,  www.untied.com. In June 2017, the Federal Court held that the website infringed the trademarks and copyright of United Airlines since it substantially copied United Airlines' logos and designs. The parties provided submissions on the terms of the injunction and on costs, but decisions in both matters remain under reserve.

Dr. Cooperstock appealed and, citing Westco v. Nadeau Poultry Farm, later moved for an order staying or consolidating the appeal "with the anticipated appeals of the Injunction Order and/or the Costs Order." He asserted that the three appeals flowed from the same factual background and trial, that it would be inefficient to require

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