The Interaction between IP Rights and the Competition
Act
Recent decisions of the Federal Court of Appeal and the Ontario
Superior Court of Justice raise some concerns about the interaction
between IP rights and the Competition Act.
The Facts
Digital marketing has transformed how consumers purchase cars.
Though transactions between buyers and sellers are still conducted
in person, much of the research is done online prior to the actual
sale via research websites ("Digital Marketplaces").
Information available on these Digital Marketplaces will typically
include, for each vehicle, the make, model, year, Vehicle
Information Number, mileage and price, and photographs
(collectively "Vehicle Listings"). Digital Marketplaces
aggregate Vehicle Listings from several sources, including vehicle
manufacturers, automobile dealers, private sellers, and the
marketplace. Certain other businesses known as "Feed
Providers" also receive Vehicle Listings from dealers and
provide
