This case involved a dispute over ownership and alleged
infringement of copyright in a number of computer software
programs. The Court held that the plaintiff company (POPS), has
been the copyright owner in one program, CERES, since October 2008.
The Court then held that the plaintiff, Posada, was hired by the
defendant company, IDP, to develop adaptations of CERES, including
work on Omega, Commex and Epsilon.
The Court also held that Posada granted IDP at least an implied
non-exclusive license to use CERES and its adaptations, including
Omega, Epsilon and Commex. Furthermore, the defendants rebutted the
presumption that (POPS) owned Epsilon and Commex and the
Certificate of Registration in respect of those two programs was
ordered struck from the Registrar of Copyrights. Ultimately, the
Court came to the conclusion that the defendants did not infringe
any copyright in any versions of the software. Thus, the plaintiffs
were not entitled to any damages, or any other remedies other than
a declaration that they own the copyright in CERES.
The Court then considered the defendant's claim for punitive
damages, and held that despite having suffered significantly
through the course of conduct adopted by Posada, they had not
established that such conduct met the high test for awarding
punitive damages. Furthermore, the Court declined to order
solicitor-client costs, but ordered plaintiffs to reimburse the
defendants all agreed court costs.
TMOB Decision Overturned: Marked Held Not to be Descriptive
Before the Trademarks Opposition Board, the respondent, STK, was
successful in opposing the applicant's trademarks as they
applied to wares. However the Marks were allowed as they applied to
services. The applicant appealed the wares decision to the Federal
Court and the respondent did not participate in the appeal. The
Court granted the appeal.
The Court held that the Registrar had dissected the mark into
its component elements rather than considering it in its entirety.
Thus, the Registrar's finding was unreasonable. Thus, the marks
were held not to be descriptive of the applicant's wares.
Furthermore, the marks were held to have acquired distinctiveness
in Canada as of the relevant dates. Thus, the marks were held to be
The Federal Court dismissed a motion by Apotex seeking particulars from Allergan's pleading relating to the prior art, inventive concept, promised utility and sound prediction of utility of the patents at issue.
Last year we saw the Canadian Courts release trademark decisions that granted a rare interlocutory injunction, issued jailed sentences for failure to comply with injunctive relief, grappled with trademark and internet issues...
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