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Searching Content indexed under Copyright by Bennett Jones LLP ordered by Published Date Descending.
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1
Obituary Piracy Assessed
Thomson v. Afterlife Network Inc., 2019 FC 545, is a Federal Court decision in which the Court considers the existence of copyright in obituaries used in an e-commerce context.
Canada
21 May 2019
2
The Expanded Use Of The CBCA In Debt Restructurings
Section 192, the plan of arrangement provision in the Canada Business Corporations Act (CBCA), is an increasingly popular means of facilitating corporate debt restructurings and recapitalizations.
Canada
27 Mar 2019
3
It's Finally Happening—Major New Trademark Law Takes Effect In Canada On June 17, 2019
After five years of uncertainty and speculation, a date has been set for Canada's drastic new trademark laws to come into force.
Canada
23 Jan 2019
4
Introducing The U.S.-Mexico-Canada Agreement (USMCA)
After 13 months of negotiations, the United States, Mexico and Canada have concluded the United States-Mexico-Canada Agreement (USMCA).
Canada
8 Oct 2018
5
Norwich Relief—SCC Provides Guidance On Pre-Trial Disclosure Orders
On September 14, 2018, the Supreme Court of Canada (SCC) released its decision in Rogers Communications Inc v Voltage Pictures, LLC, 2018 SCC 38 confirming the test set out in Leahy
Canada
18 Sep 2018
6
Copyright In Seismic Data
The seismic industry is of considerable significance to Canada's oil and gas business. In Geophysical Service Incorporated v Encana Corporation, 2016 ABQB 230 the Alberta Court of Queen's Bench ...
Canada
7 Dec 2017
7
Intellectual Property Meets Real Property: Recent Copyright Infringement Cases
Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property.
Canada
14 Nov 2017
8
Stand And Deliver—Federal Court Enforces Trademarks For "Stork" Lawn Signs Announcing New Births
A single product can, in some circumstances, attract more than one form of intellectual property (IP) protection.
Canada
7 Sep 2017
9
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".
Canada
25 Aug 2017
10
University's Infringing Reproductions Fall Short Of Fair Dealing
The fair dealing user right, as an exception to copyright infringement, has its limits.
Canada
18 Aug 2017
11
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...
Canada
14 Aug 2017
12
United Airlines Grounds Complaint Website
While some complaint and parody websites may constitute fair dealing, close copying of trademarks and copyrighted works, combined with mean-spirited commentary, will not fly.
Canada
10 Jul 2017
13
Tips To Set Your Business Up For Successful IP Litigation
It is therefore important for a business to be prepared to advance claims against infringers instantly.
Canada
13 Jun 2017
14
No Charges By ISP For Performing Its Duties Under The Notice And Notice Regime
Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on Internet sites, Canada has implemented a "notice and notice" regime.
Canada
22 May 2017
15
IP Trials With Less Tribulation: New Federal Court Guidelines Promote Cooperation And Efficiency
This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried.
Canada
11 May 2017
16
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.
Canada
5 May 2017
17
Federal Court Cracks Down On Intentional Infringement With $1 Million Punitive Damages Awards
It's been a costly week for intentional infringers of intellectual property (IP) rights. In two separate decisions, the Federal Court of Canada has awarded $1 million in punitive damages.
Canada
17 Mar 2017
18
Canadian Playground Fight Highlights The Importance Of Industrial Design Protection
A recent decision of the Federal Court of Canada has highlighted the difficulties in asserting trademark and copyright rights related to the appearance of functional products with unique design elements.
Canada
8 Feb 2017
19
Notice And Notice Regime Does Not Change Law For Obtaining Norwich Orders
Unlike many countries which provide an effective "notice and take down" remedy for copyright owners whose works are wrongly posted on internet sites, Canada has implemented a notice and notice regime.
Canada
2 Sep 2016
20
A Trend For Retailers To Avoid – Copyright Infringement Lawsuits Over Clothing
Katy Perry received a lot of attention for the dress she wore to the Met Ball this year, and not all of it was welcome. A Brooklyn artist thought that the dress was an imitation of graffiti that he painted...
Canada
12 Oct 2015
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