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  • Article

    Eye On Intellectual Property In Uncertain Times

    If you are thinking of selling your house, before putting up the "for sale sign" you might chat with your neighbours - exercising appropriate social distancing.
    CanadaIntellectual Property
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Fair Use Of Artist's Work In Music Video

    Scream Icon is a drawing by Derek Seltzer (mercifully, not based on that tedious Scream by Edvard Munch).
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
Article

Federal Court Of Appeal Upholds But Limits Scope Of Leading Decision On Metatags

In the recent decision of Red Label Vacations Inc v 411 Travel Buys Limited, the Federal Court of Appeal appears to have made a distinct effort to limit the scope of the trial judge's ruling that copying of metatags, including third party trademarks, did not constitute copyright or trademark infringement.
CanadaIntellectual Property
Smart & Biggar
Smart & Biggar
  • Article

    Federal Court Of Canada Extends Suspension Period To May 15, 2020

    By Updated Practice Direction and Order dated April 4, 2020, the Federal Court has further extended the Suspension Period to May 15, 2020.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Federal Court Trusts Technology To Prove Infringement

    The Federal Court of Canada has recently signalled its willingness to accept technology as a stand-in for human analysis in a copyright infringement claim.
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Fictional And Non-Fungible: How NFTs Affect Intellectual Property Rights - Again

    In a previous article, we reported on the dispute between Hermès and Los Angeles artist Mason Rothschild over Rothschild's sale of MetaBirkins online.
    CanadaIntellectual Property
    Minden Gross LLP
    Minden Gross LLP
  • Article

    Free Delivery! Supreme Court Rules No Copyright Royalties For Internet Transmission Of Downloads

    In a major, but slim, victory for proponents of electronic commerce, a majority of the Supreme Court of Canada has ruled that online sellers of music and video game downloads are not required to pay more copyright royalties than their "bricks and mortar" counterparts, solely because the products from the virtual stores are delivered via the internet
    CanadaIntellectual Property
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Further Trademark Amendments Are Here — Bill C-86 Is Given Royal Assent

    Canada's core IP statutes have been amended by Bill C-86, which received Royal Assent as the Budget Implementation Act, 2018, No. 2, SC 2018, c 27 on December 14, 2018.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Game On: First Interpretation Of The TPM Provisions By The Federal Court

    The powerful combination provided by broadly worded legal prohibitions plus the potential for the award of large statutory damages, a helpful factual profile and a sympathetic judge . . .
    CanadaIntellectual Property
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Going To California—Google Asks U.S. Court To Declare Supreme Court Of Canada's Global Injunction Unenforceable

    The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access...
    CanadaIntellectual Property
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Hollywood vs. AI: Disney And Universal Launch Landmark Copyright Suit

    On June 11, 2025, The Walt Disney Company ("Disney") and Universal Pictures ("Universal") filed a joint copyright infringement lawsuit against AI image generator Midjourney...
    CanadaIntellectual Property
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    International Breach Of Copyright

    Copyright in Canada is a function of the Copyright Act - without that law, there would be no copyright. How does Canadian copyright law interact with the copyright law in other countries?
    CanadaIntellectual Property
    Field Law
    Field Law
  • Article

    IP Deadlines Amidst COVID-19

    Numerous intellectual property offices worldwide have responded to the COVID-19 pandemic by instituting time period extensions for various IP matters.
    CanadaIntellectual Property
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    IP Monitor - The Copyright Act Has Finally Been Amended. Almost.

    When the Act was last amended in 1997, a new section 92 ensured that, within five years after its coming into force, the Minister (Canadian Heritage) would report to both Houses of Parliament on the operation of the Act and on recommendations for further amendments.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Moral Rights But Not Copyright

    The Quebec Court of Appeal has released a decision stating that an employer is the presumed owner of the copyright to works created by an employee.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    No Harm, No Foul: FCA Reaffirms No Mandatory Correlation Between Statutory Damages And Actual Damages

    The Federal Court of Appeal has reaffirmed the rule in Trader Corp. v. CarGurus, 2017 ONSC 1841 (Trader) that while there should be some correlation or proportionality between actual damages...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    No Second Chance: Default Judgment Stands Against Infringers Without A Reasonable Explanation For Their

    Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple "mea culpa".
    CanadaIntellectual Property
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Notice and Notice: ISPs May Only Charge Reasonable Fees For Disclosing Identities Of Suspected Copyright Infringers

    Sections 41.25 and 41.26 of the Copyright Act allow copyright owners to send notices of infringed copyright to ISPs, such as Rogers.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Parody Cannot Be Relied On As A Defence To Copyright Infringement If It Causes Marketplace Confusion

    Parody has been a fair dealing exception to copyright infringement in Canada since 2012.
    CanadaIntellectual Property
    Oyen Wiggs Green & Mutala
    Oyen Wiggs Green & Mutala
  • Article

    Popular Netflix Series "Anne With An ‘E'" Disputing Infringement Claims

    In 1908, Anne of Green Gables was published and it launched the literary career of Lucy Maud Montgomery.
    CanadaIntellectual Property
    Minden Gross LLP
    Minden Gross LLP
  • Showing 481–500 of 1815 results

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