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ARTICLE · 19 FEBRUARY 2024

False Alarm: The Risks Of Groundless Online Takedown Complaints

Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces.

CanadaIntellectual Property

Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated with filing tenuous and unjustified takedown complaints that result in harm to competitors. In Keezio Group, LLC v The Shrunks' Family Toy Company Inc (2024 BCSC 64), the BC Supreme Court found an IP rightsholder liable for damages due to the filing of groundless trademark and copyright complaints with Amazon. This case is the first in Canada to clearly rule on this issue.

Background

The parties in this case, Keezio Group, LLC (Keezio) and The Shrunks' Family Toy Company Inc (The Shrunks), are two business competitors who sell inflatable beds for children on Amazon.

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The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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