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Canada Case Law

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Copyright 2024 FC 1366

2572495 Ontario Inc. v. Terlin Construction Ltd.

The Federal Court partly granted summary judgment, expunging a copyright registration for EZGARD packaging, but left industrial design and trademark ownership issues for trial.

  • Ownership of intellectual property
  • Summary judgment test
  • Assignment of copyright
  • Employee-created works
  • Registration rectification/expungement
  • Common law trademark rights
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Copyright 2023 FC 658

Boubala v. Khwaja

The Federal Court dismissed an application about restaurant trademarks and copyright, found a late affidavit inadmissible, and awarded lump-sum costs to the respondents.

  • Infringement
  • Jurisdiction
  • Admissibility of evidence
  • Amendment of pleadings
  • Declaratory relief
  • Costs assessment
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Intellectual property 2023 FC 594

Dermaspark Products Inc v. Patel

The Federal Court awarded the successful plaintiffs $7,500 in lump sum costs after a summary trial judgment in a trademark and copyright infringement case.

  • Summary trial
  • Costs assessment
  • Lump sum costs
  • Offer to settle
  • Tariff b
  • Costs-assessment
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Intellectual property 2021 FC 1336

Ark Innovation Technology Inc. v. Matidor Technologies Inc.

Federal Court held Matidor infringed copyright in Arkit software and materials, found passing off in 2019, awarded $277,400, and denied punitive damages.

  • Copyright infringement
  • Passing off
  • Damages assessment
  • Injunctive relief
  • Delivery up
  • Summary trial suitability
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Intellectual property 2020 FC 1123

Bauer Hockey Ltd. v. Sport Maska Inc. (CCM Hockey)

The Federal Court granted CCM’s motion to file a supplemental expert report on accounting of profits after Nova v Dow clarified that fixed costs may be deductible.

  • Accounting of profits
  • Expert evidence
  • Admission of new evidence
  • Cost deduction methodology
  • Leave to file supplemental expert report
  • Accounting-of-profits
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Trademark 2010 FC 645

1772887 Ontario Limited v. Registrar of Trade‑Marks

The Federal Court dismissed appeals from the Registrar’s rejection of trade-mark oppositions, holding the pleadings did not raise a substantial issue for decision.

  • Opposition procedure
  • Registrability
  • Distinctiveness
  • Confusion
  • Leave to amend
  • Trade-mark-opposition
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Contract 2009 BCSC 1905

Cactus Restaurants Ltd. v. Morison

The court dismissed an application for an interlocutory injunction restraining exercise of share-sale security, finding no irreparable harm and that balance of convenience favoured the defendants.

  • Interlocutory injunction
  • Equitable set-off
  • Passing off
  • Breach of contract
  • Misrepresentation
  • Security for share sale
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Intellectual property 2009 FC 791

Western Steel and Tube Ltd. v. Erickson Manufacturing Ltd.

The Federal Court dismissed a motion for interlocutory injunction in a copyright, passing off and unfair competition dispute over utility ramps.

  • Interlocutory injunction
  • Irreparable harm
  • Balance of convenience
  • Preservation order
  • Trade dress
  • Copyright registration
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Intellectual property 2009 BCSC 593

Emerald Passport Inc. v. MacIntosh

The court dismissed the defendants’ motion, holding the requested relief went beyond the pleadings and no new facts justified varying the existing injunction.

  • Interlocutory injunction
  • Costs
  • Pleadings
  • Balance of convenience
  • Fair dealing
  • Passing off
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.