Articles 2023


Claiming Damages for Copyright Infringement: Andrew Collett v Northland Art Company Canada Inc. and Bremner Fine Art Incorporated

  • April 12, 2018
  • Jennie Yum

In the Federal Court’s recent decision of Andrew Collett v Northland Art Company Canada Inc and Bremner Fine Art Incorporated, 2018 FC 269, Justice Gleeson addressed the plaintiff’s claims for damages for infringement of copyright and moral rights, including statutory and punitive damages. This article summarizes the Court’s consideration of these damages.

Information Technology and Intellectual Property Law


  • April 08, 2018
  • John Polyzogopoulos

Topics covered this week included franchise law and rescission, liability for wrongful patent enforcement, the duty to defend in the MVA context, family law (custody and access and breach of court orders), securities class actions, and mortgage enforcement. John Polyzogopoulos

Civil Litigation, Family Law, Franchise Law and 4 more..., Information Technology and Intellectual Property Law, Insurance Law, International Law, Real Property Law

Sweet Justice for IP Rights Holder: Agreement not in Restraint of Trade

  • April 03, 2018
  • Paul-Erik Veel & Andrew Skodyn

The intersection of intellectual property law and competition law is an area that gains greater significance with each passing year. Much of the focus in this area recently has been on the appropriate scope of action to take by regulators. Also important, but attracting less attention, is the application of common law doctrines against contracts in restraint of trade to agreements that are based on the enforcement of intellectual property rights.

Civil Litigation, Information Technology and Intellectual Property Law

Three Technological Stories Worth Keeping an Eye On

  • April 03, 2018
  • Jonathan Miller, SHIBLEY RIGHTON LLP

Technology is everywhere and is changing how we communicate and carry on our daily lives. This article highlights three technology issues that are changing the legal landscape.

Information Technology and Intellectual Property Law, Young Lawyers' Division

“Consisting essentially of” in Canadian Claim Construction

  • March 15, 2018
  • Lei Gao and Andrew Kaikai

Due to the flexible nature of the law of claims construction in Canada, the meaning of the commonly used transitional phrase "consisting essentially of" may surprise foreign lawyers and patent practitioners.

Information Technology and Intellectual Property Law, Student Forum

Federal Court Grants Interlocutory Injunction in Trademark Case

  • August 15, 2017
  • Paul Lomic and Agnes Ng

The Federal Court’s decision in Sleep Country Canada Inc v Sears Canada Inc, granted a rather rare interlocutory injunction prohibiting the use of a slogan pending the final determination of a trademark infringement action. Sears Canada Inc. was enjoined from using their newly adopted slogan that stated “There is no reason to buy a mattress anywhere else”, as it was confusing to Sleep Country Canada Inc.’s (“Sleep Country”) trademarked slogan “Why buy a mattress anywhere else".

Information Technology and Intellectual Property Law

Canadian Patentees Finally Reach the [no] Promised Land

  • August 15, 2017
  • Andrew Skodyn

On June 30, 2017, the Supreme Court of Canada unanimously granted AstraZeneca’s appeal in the long-awaited conclusion of the “Promise Doctrine” saga in AstraZeneca Canada Inc v Apotex Inc. The primary legal consequence of this decision is that the Supreme Court of Canada has reset the utility test and eliminated the Promise Doctrine.

Information Technology and Intellectual Property Law

'Use' Requirement for Trademark Registration Doesn’t Need Fixing

  • July 04, 2017

Amendments to the Trade-Marks Act made in 2014, despite not being fully implemented yet, have already encouraged squatting and over-claiming, and have resulted in a 75 per cent increase in the number of Canadian applications waiting to be registered, from 40,000 in 2014 to nearly 70,000, the CBA National IP Section says in a letter to Innovation, Science and Economic Development Canada.

Information Technology and Intellectual Property Law

Keyword Advertising and Passing Off

  • June 01, 2017
  • Sabrina Salituro

The British Columbia Court of Appeal (BCCA) in Vancouver Community College v. Vancouver Career College (Burnaby) Inc. recently decided that use of a trademark as a keyword advertisement constituted passing off of a trademark, unanimously reversing the trial judge’s decision. The BCCA held that trademark confusion occurs at the moment the consumer first encounters the trademark in the search results, and not the moment the consumer clicks on the link and arrives at the landing page.

Information Technology and Intellectual Property Law
CRTC Directs Videotron to Comply with <em>Telecommunications Act</em>

CRTC Directs Videotron to Comply with Telecommunications Act

  • June 01, 2017
  • Michael House

In a decision released April 20, 2017, the Canadian Radio-television and Telecommunications Commission concluded that Quebecor Media Inc, Videotron Ltd, and Videotron GP (collectively, Videotron) gave an undue preference to subscribers who accessed the Unlimited Music program and to service providers whose services are included in that program, in contravention of section 27(2) of the Telecommunications Act.

Information Technology and Intellectual Property Law