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  • Article

    Proposed New Industrial Design Regulations

    On June 19, 2017, the Canadian Intellectual Property Office (CIPO) published proposed new Industrial Design Regulations.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Protecting Designs For Multigenerational Living

    The way we interact with the world around us is changing.
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
Article

Questions Ordered To Be Answered On Appeal, And No Decision On Bifurcation Until After Plaintiff Makes Election Of Damages Or Profits (Intellectual Property Weekly Abstracts Bulletin (Week Of April 6, 2015)

This is a trademark case regarding the plaintiff’s YELLOW TAIL & KANGAROO DESIGN. Constellation Brands brought two interlocutory motions before the Federal Court.
CanadaIntellectual Property
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
  • Article

    Recent Copyright Developments - Summer 2023

    The Ontario Court of Appeal has refused to extend the right of privacy to cases where the defendant's negligence in storing information led to a privacy breach.
    CanadaIntellectual Property
    Goldman Sloan Nash & Haber LLP
    Goldman Sloan Nash & Haber LLP
  • Article

    Registrar’s Decision Refusing To Register LIGHTRECYCLE & DESIGN Unreasonable, But The Proposed Mark Was Still Found To Be Clearly Descriptive (Intellectual Property Weekly Abstracts Bulletin – Week of March 23, 2015)

    Product Care Association had applied to register a proposed trade​mark for LIGHTRECYCLE & DESIGN.
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Reining In The Cable Killers: Federal Court Orders Crackdown On TV Set-Top Boxes With Copyright-Infringing Applications

    On June 1, 2016, the Federal Court granted an interlocutory injunction against retailers of television set-top boxes with pre-loaded applications that permit the unauthorized streaming and downloading of copyrighted content.
    CanadaIntellectual Property
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    S.53 Of The Patent Act Held Not To Apply When Public Servant Fails To Declare Status (Intellectual Property Weekly Abstracts - Week Of February 15, 2016)

    In this case, Brown appealed a decision of the Federal Court, partially granting summary judgment in an invalidity claim, pursuant to s. 53 of the Patent Act.
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Sound Recording Copyright vs. Musical Work Copyright

    There are many, many, many good articles out there explaining the difference between the musical work copyright and the sound recording copyright. However, I suppose there is no harm in adding one more to drive the point home.
    CanadaIntellectual Property
    Cox & Palmer
    Cox & Palmer
  • Article

    Supreme Court Of Canada To Hear Another Technological Neutrality Case

    The Supreme Court of Canada announced today that it has granted leave to appeal in the copyright case Canadian Broadcasting Corporation v. SODRAC.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Supreme Court Partially Reverses, Partially Upholds Appeal In Robinson Curiosity Case (Intellectual Property Weekly Abstracts Bulletin: Week Of December 23, 2013)

    This Supreme Court copyright decision decides issues of 1) whether a substantial part of a work is reproduced; 2) the role of expert evidence in copyright infringement cases; and 3) to assess whether the trial judge committed reviewable errors in his award of damages, including disgorgement of profits, non-pecuniary damages, and punitive damages.
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Tarantino, Gawker And The Hateful Eight – A Case Of Inglorious Infringement?

    Academy Award winning director, screenwriter and producer Quentin Tarantino has filed a copyright action in the U.S. District Court of Los Angeles against Gawker Media for facilitating the dissemination of the unproduced script for his film The Hateful Eight.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Data Beneath The Skull: Neurodata In The Algorithmic Age

    Neurotechnology has moved from the lab into everyday life. Devices such as EEG headsets, brain-computer interface wearables, and implantable technologies now generate vast amounts of neurodata...
    CanadaIntellectual Property
    Gowling WLG
    Gowling WLG
  • Article

    The Hidden Risks Of Posting Publicly: How "Embedding" May Compromise Your Copyright

    Stephanie Sinclair, an American photojournalist, is widely known for capturing gender and human rights issues around the world. She recently received a disappointing verdict from a court in...
    CanadaIntellectual Property
    Minden Gross LLP
    Minden Gross LLP
  • Article

    TPP IP Chapter Summary Released – Are More IP Changes Coming?

    The TPP, which must be ratified by all 12 member countries to come into effect, has the potential for wide-spread consequences across Canadian industry.
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Trade-mark Decisions - Appeal Dismissed: Admissibility Of Hearsay Found To Be Best Left To The Applications Judge (Intellectual Property Weekly Abstracts Bulletin – Week Of November 18, 2013)

    Moroccanoil has appealed a Prothonotary’s decision to not strike 58 paragraphs from an affidavit filed by Avon, having previously argued the paragraphs are inadmissible hearsay. The appeal was dismissed.
    CanadaIntellectual Property
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Two Truths And A Lie — How Blurring The Lines Between Fact And Fiction Can Undermine Copyright Protection

    "In the early morning of August 24, 1875, eight members of the notorious Donnelly family of Lucan, Ontario, armed with nothing more than clubs...
    CanadaIntellectual Property
    Smart & Biggar
    Smart & Biggar
  • Article

    Yes—Copying Photographs From The Internet Can Get You Into Trouble

    Although it happens all the time, reproducing photographs found on the internet for use in business is fraught with risk. Businesses should only copy images where there is clear permission to use them—or face a substantial damages award.
    CanadaIntellectual Property
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    You Can't Lose What You Never Had: Government Can't Expropriate Unencumbered Seismic Data Copyright That Never Existed

    In Geophysical Service Inc. v. The Queen, Prothonotary Tabib of the Federal Court struck GSI's Statement of claim.
    CanadaIntellectual Property
    Aitken Klee LLP
    Aitken Klee LLP
  • Article

    Federal Court Of Appeal Offers Further Guidance On Elevated Costs Awards

    The Federal Court of Appeal has provided further guidance on the circumstances under which litigants may obtain costs awards exceeding those stipulated in Tariff B of the Federal Court Rules.
    CanadaLitigation, Mediation & Arbitration
    Smart & Biggar
    Smart & Biggar
  • Article

    Federal Court Of Appeal Sheds Light On Crown Prerogative And Copyright

    The Federal Court of Appeal ("FCA") recently released its judgment in P.S. Knight Co. Ltd. v. Canadian Standards Association, 2018 FCA 222.
    CanadaLitigation, Mediation & Arbitration
    Goodmans LLP
    Goodmans LLP
  • Showing 501–520 of 1815 results

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